Citizen who voluntarily surrendered his "driver's license",
Hyland's Method, Tom Hyland's story, Right to Travel
Part II
PART II
Part One of this story described the many facts, laws, and evidence I
have acquired regarding the jurisdiction of "driving", which is
defined in every state as "driving a commercial motor vehicle." The
only individuals required to hold a drivers license are those involved
in the commercial transportation of goods or paying passengers. This
reality has been underlined by over 100 Supreme Court cases, federal
and state, upholding and protecting our Right to Travel. In July
2004, I closed my account at MVD when I surrendered every item
fabricated by that agency and received proof from their official data
base of that transaction. Since then, I have incurred great expenses,
losses, and inconvenience, however, I knew that I would encounter many
obstacles on the road back to Our Liberty.
In preparing a body of evidence that could be used in a court of law
to prove my case, I began issuing a series of letters addressed to my
public servants. The First Amendment to the Constitution states, in
part, ... "Congress shall make no law prohibiting the right of the
people to petition the Government for a redress of grievances." I
wrote several letters, and finally, affidavits, explaining the
jurisdiction of commercial traffic code, and how I had ended all
contracts with the MVD, and the ensuing events that unfolded. These
letters and affidavits were addressed to the Governor, the entire
Supreme Court, the Attorney General, Secretary of State, Speaker of
the House, Senate Pro Tem, Director of MVD, Secretary of Taxation &
Revenue, Mayor of Santa Fe, all city counselors, Chief of Police,
arresting officers, and several other individuals working within their
personal and private capacities within the government agencies of New
Mexico.
Each and every letter was specified individually to notify and remind
that public official of their personal connectedness to the machinery
of government, and their duty and oath, which would enable them to
receive a complaint, and then rectify the problem. The letters, and
then affidavits, were a primer of facts, laws, and evidence that would
inform that official of the specific nature of the commercial driving
code, and the sovereign Citizen's Right to Travel as a guaranteed life
right, and not a paid-for privilege.
As I described in Part One, the driving code dissolves your Right to
own the very car you paid for, and your Right to free passage upon the
streets and highways of this land. When you receive a traffic ticket,
there is a headline atop the page that reads, "Uniform Traffic
Citation." Uniform means this is the same procedure, the same laws,
the same jurisdiction from state to state. It is the same company
doing business over every square inch of this country. This isn't
only a New Mexico fraud, but a fraud that we suffer in every state in
the union. An unpaid parking ticket in Oregon, from five years ago,
will prevent you from renewing a drivers license in Rhode Island
tomorrow afternoon. With a drivers license, you have no right to be
on the road, you have no right to park your car on the street.
Not one individual replied or answered any of my letters. Nobody
replied to the affidavits, though they were warned that you can not
rebut an unanswered, unchallenged affidavit by the time it is
presented as evidence in a court of law. It was a peculiar and
unsettling feeling to me that not one of the 34 individuals I wrote
felt any compulsion or duty to respond or inquire regarding the
injustice of this wide ranging malady nor did anyone express any
thoughts regarding my well being or concerns.
The civil case titled "Thomas Hyland v. the machinery of government
of the State of New Mexico" was filed at the New Mexico First Judicial
District Court on December 27, 2006. From the paragraph "Relief
Demanded" is this: "Plaintiff Hyland demands that the rule of valid
and Constitutional law be reinstated in this instant case, to
accomplish the following:
(a) Defendants be penalized for their fraud, collusion, and conspiracy
to commit fraud, conversion, extortion, racketeering, and conspiracy
to deny and deprive Plaintiff of his Constitutional Rights, and the
Court direct the Defendants to use their authorities to correct,
forever, these crimes upon Plaintiff and all other constituents of
Defendants. (b) Stop, permanently, the unwarranted detainment of
motorists, upon the alleged probable cause that they do not display
Motor Vehicle Division license plates, registration stickers, or seat
belt compliance, as these codes only pertain to the "licensed driver",
that individual who is involved in the commerce of transporting goods
or paying passengers upon the streets and highways of America as an
occupation. (c) Restore Constitutional governance to the State of New
Mexico, as intended by the Constitutions, and to restore a
Constitutional Republic, as required by Article IV, Section 4, of the
Constitution of the United States of America." (d) Award plaintiff
damages for pain, suffering, mental anguish, and emotional distress
arising from the unlawful deprivation of his Constitutionally
guaranteed Rights, which are priceless........."
On Friday afternoon, May 11, 2007, I was compelled to appear at the
unconstitutional venue of a hearing, (read Part One to better
understand the unconstitutional nature of a hearing) presided by Judge
James A. Hall. Purpose of the hearing was to rule on Motions to
Claim and Exercise Constitutional Rights, Motions for Default Judgment
against 17 Defendants who failed to answer the case, motion to proceed
towards Trial by Jury against the one individual who did answer, that
being Sheriff Greg Solano, and Right to Trial by Jury, which is
granted in the federal and state Constitutions.
Counsel for the defendants filed motions to dismiss and motions
denying proper service for all defendants. Judge Hall committed
sedition, insurrection and treason when he:
(a) denied the Constitutional Rights Motion, which means he denied my
right to claim rights, the Constitutions, all Rights guaranteed
therein, his oath, and due process of law; (b) denied the Right of
trial by jury without fee.
Both the federal and state constitutions protect the Right to trial by
jury. If you've read this entire article this far, then you probably
know what I'm getting at. You cannot be made to pay for a right.
The New Mexico Constitution, Article II, Section 12 states: The right
of trial by jury as it has heretofore existed shall be secured to all
and remain inviolate." The efforts of Hall extracting fees from the
Citizenry to exercise basic Rights guaranteed in the Constitutions
could be compared to the moneychangers who set up business in the
temple.
Hall stated he wanted the case determined on its merits, which is this
story I am telling, yet, he dismissed Sheriff Solano from the case
without any consideration, fact, or law, whatsoever, for the merits of
the case concerning Solano. Hall ignored the Certificate as to the
State of the Record, attested to by the court clerk, stating that 17
defendants were in default, and in contradiction to court rules,
denied my Motion for Default Judgment.
Hall stated that the Supreme Court can modify, restrict or overturn
the Constitution, and can "interpret" the Constitution, which again,
is sedition, insurrection, and treason. Hall disobeyed the Code of
Judicial Conduct, including the requirements to be unbiased, fair,
just and impartial in the conduct of his duties before the court.
There has been a second hearing slated for June 8, to determine if the
case shall move towards trial concerning 33 remaining defendants,
though 17 of those defendants were certified "defaulted" by the court
clerk, and thus, lawfully, there would be no further controversy
regarding those individuals, except that Hall has revived their status
as defendants in cause, in an attempt to erase their record of
default, which places a fraud upon the court, and further exemplifies
Hall's behavior as traitor to his oath and the people he swore to
serve and protect.
Diligent work has been accomplished by myself and several Citizen
witnesses at this hearing and we have filed charges against James Hall
for treason. "Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy." Olmstead v. United States,
227 U.S. 438.
The actions of "Affidavits of Observation of Treason, Active in the
First Judicial District Court by James Hall, Acting as Judge, Pursuant
to his Oath", delivered to state and federal officers, should bring
this man down and remove him from any claim to position or retirement
benefit. However, the performance of Mr. Hall, and his dismissal,
might be only the beginning of the results of corruption that has been
festering within our Judicial District Courts.
If you visit the public records of Dun & Bradstreet, the corporate
financial data base, you will learn that the First Judicial District
Court has incorporated itself as a "Private Company" since the year
2002. Its chief executive officer is one Patricio Serna, who may be
the same Patricio Serna who sits as a member of the New Mexico Supreme
Court. It appears that every District Court in New Mexico has
incorporated and is open for business, privately. This might explain
how the case I presented, based solely on facts, evidence and
Constitutional law, has been attacked by "opinions" and statutes
inferior to the Constitutions.
Also, a "conflict of interest" would be an enormous understatement to
describe a "court" where the "CEO" is one of the defendants in my
case. There is a growing interest among the supportive parties to
this case to reveal the putrid rot that is being flaunted on public
record as a court that displays total indifference and arrogance
regarding its original duties and purpose, which are to uphold the
Constitutions, the People's Rights guaranteed therein, and to serve
justice.
I thought the courts were for the people, but alas, we have had these
stolen away and now they belong to small and private groups. The
major goal of any company is to reap profits for its officers and
shareholders. In view of this diversion from the original intent of
our Constitutional justice system, it is perhaps inevitable that Mr.
Hall would develop a clouded view as to where his allegiance lies.
Tom Hyland
5 Bishop Lamy Road
Lamy, New Mexico
USA
Be sure to check out our latest banking products and services at
www.privacyworld.com/5mastercard.html Until our next issue, stay cool and remain low profile!
