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J}OTICE OF l) ACANCY OF C!

&FFICE

RECE\VE
2 ~ 20\~

in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia


Notice to Respondeat Superior is Notice to Respondeat Inferior.

Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.


TO:

Gina A. Tveit
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Gina A. Tveit, Notice that the Office of Stevens County
District Court Judge is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the indiVidual, but for the benefit of the
community; and ~f an officer is so careless of the requirements ofthe law under which he
is elected that he neglects to qucili./Y. it is a fair indication that he will be neglectful in thi!
transaction ofthe duties ofhis office. " Lysons v. Ruff, 4 Wash. 234,29 P. 999 (1892).
Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 NO.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex
rel. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698, 374 U.S. 808, 10 L. Ed.2d 1032.
Now, as to your "oath", there are a few cases and RCW's that confinn that your "oath" is invalid
according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of


Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).
Every official oath of office, whether for elective or appointive office in the State of Washington
shall be fIled.

RCW 36.16.060 Place offiling oaths and bonds.


Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice
in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

..fl,OTICE OF ~ACANCY OF eFFICE

J)age 1 of 5

PROVIDED, That the official bond of the county clerk, ajier first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.

RCW 65.04.015 Definitions.


The definitions set forth in this section apply throughout this chapter unless the context clearly
reqUires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility for recording instruments in the county records.
(2) "File," "filed, " or ''filing'' means the act of delivering or transmitting electronically an instrument to
the auditor or recording officer for recording into the offlcial public record~.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetiC, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number, auditor or recording officer tile number, receiving number,
electronic retrieval code, or other specific place) of each instrument in the public records accessible in
the same recording offlce where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed, irrespective of the type oOnstrument,

using a process that has been tested and approved for the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "recopd locdlion number" was changed to "recording numoer" oy 1999
c 233 10.
Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body proVides definitions for statutory terms, it is that definition to
which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic Hospital Ass'n of District of Columbia etal. v. Britton, Deputy
Com'f., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
Of EvideJice 902(d) ot 1005. It is therefore tender iIiadini.~sibletd slippbft yom claim to the dffice.

RCW 42.20. 030 -Intrusion into and refusal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

J}OTICE OF ~ACANCY OF .eFFICE

~age 2 of 5

exercise any of the functions or peiform any of the duties, without having duly qualified as required by
law, ..., shall be gUilty ofa gross misdemeanor.
The word "willfully" is defmed in RCW 9A.08.010 as "knowingly".
Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.
"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.
"Provision reqUiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.
"Day on which oath of office is signed and filed by judge ofsuperior court is day on
which he assumes offlce (or purposes o( pension benefits, and day of Governor's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the ftling and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One fmal issue is the filing of false certified salary warrants.
"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing and paying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing, allowing or paying, claims or demands upon the state or such county, town or City, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or city, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

JiOTICE OF 'lJACANCY OF eFFICE

llage 3 of 5

"Use oj-word "false" in connection with word "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willful design
to cheat and defraud public funds." State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing of prohibited act. " State v. Case (1915)

Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.
"Statute defining perjury in any testimony, affidavit or "other writing subscribed as
[rue ", must be considered wilh tlfis slalUle, (fl proseeurion for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81

P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72. 030 - Perjury in the second degree.
(1) A person is guilty ofperjury in the second degree if, in an examination under oath under the
terms of a contract of insurance, or with intent to mislead a public servant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
req-uiredor authorized by law.
(2) Perjury in the second degree is a class C felony.
"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not
'required l5y law or made ,n "the course of a judiCial proceeding. "then it 'is false
swearing. " State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty ofextortion in the second degree ifhe commits extortion by means of threat as
defined in RCW 9A. 04.11 0(27)(d) through 0).
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A. 04.11 0 - Definitions.
(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an official against anyone or anything, or wrongfUlly withhold
official action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

j}(JflEE Of '4JACANCY OfeFFICE

~age 4 of'S

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.
"Sovereignty itselfremains with the people, by whom andfor whom all government exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.


Dated: May 24,2014

1)

20.\

2)

3)

Printed Name

\j"<']

W~ lSe3C

fl-Ltnlf ~ !/ttttJ

&r U . .:Lhn S0J4

"... at the mouth of two witnesses, or at the mout of three witnesses,


established. " Deuteronomy 19: 15; see also Deuteronomy 17:6
"... receive not an accusation unless where there are two or three witnesses. " I Timothy
5:19

Declaration of Service
Washington state
County of Stevens

0
.

KQC.ta..L9'lJ~

S~CL,.I

Ji2iJ1 ;tLm -'&-n."~o2>( KI i ~.., do hereby declare that I ~ave at :5;2, @yr.M., this the

dZ'!:t day of )"Y\o.M


, 2 14, in the city of ~ I e . , at the address of

02/,5' S Of) k
\
, duly served a copy of the foregoing Notice of Vacancy of Office

by delivering a copy of the above to the within named ~ \ n 11. AI"'-\Ie i -h


. I declare under

I,

penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

.60TICE OF :PACANCY OF l!)FFICE

.age 5 of 5

jJiOTICE OF

l'ACANCY OF C!&FFICE

in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia

Notice to Respondeat Superior is Notice to Respondeat Inferior.

Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.


TO:

Kendle E. Allen
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Kendle E. Allen, Notice that the Office of Stevens
County Sheriff is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not taken timely, not made a part of the official public records of Stevens
County and it therefore does not exist. See: RCW 29A.24.020; RCW 65.04.015(2); RCW 36.16.060;
RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit yow oath of office and pay the
requisite filing fee. By failing to file your oath and make it a permanent part of the official public records
of Stevens County as the law requires, you have neglected to qualifY for that office.
"Officers are elected not for the benefit of the individual, but for the benefit of the
community; and if an officer is so careless of the requirements ofthe law under which he
is elected that he neglects to qualifY, it is a fair indication that he will be neglectful in the
transaction ofthe duties ofhis office. " Lysons v. Ruff, 4 Wash. 234,29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 No.2.
Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid
according to law.
"Use of word "shall" in statute imposes mandatory duty." Waste Management of
Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington
shall be fLIed.
RCW 36.16.060 Place offiling oaths and bonds.
Every county officer. before entering upon the duties ofhis or her office, shall file his or her oath ofoffice
in the office of the county auditor and his or her official bond in the office of the county clerk:

.J}OTICE OF ':PACANCY OF eFFICE

~age 1 of 5

PROVIDED, That the official bond of the county clerk. after first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.

The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 6J.. 04.01J D~finittons.
The definitions set forth in this section apply throughout thiS chapter unless the context clearly
requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility for recording instruments in the county records.
(2) "File," ''filed,'' or ''filing'' means the act of delivering or transmitting electronically an instrument to
the auditor or recording officer for recording into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number. auditor or recording officer file number, receiVing number.
electronic retrieval code. or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a docwnent into the official public record., RCW 65.04.040 requires that a
prescribed procedure shall be complied with:
RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed. irrespective o(the type ofinstrument.

using a process that has been tested and approved fOr the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999

c 233 10.
Fees for recording instrwnents are found at: RCW 36.18.010.
"When legislative body provides definitiOns for statutory terms, it is that definition to
which the person must conform his conduct." City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
N~tiQn~l HQmeQP-~thiQ HQspitm Ass'n Qf District of Columbia. et.a!.. v. Britton, Deputy
Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence 902(d) or 1005. It is therefore render inadmissible to SUPP011 your claim to the office.
RCW 42.20.030 - Intrusion into and refUsal to surrender publiC office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

.ftOTICE OF l'ACANCY OF eFFICE

.t)age 2 of 5

exercise any of the junctions or perform any of the duties, without having duly qualified as required by
law, ... , shall be guilty ofa gross misdemeanor.
The word "willfully" is defmed in RCW 9A.08.010 as "knowingly".
Ignorance offacts excuses. ignorance oflelW does not excuse. 1 Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.
"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.
"Provision requiring payment ofjees in advance is mandatory." State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
"Statutes relating to compemation ofpublie officer must be strictly comtrued in favor of
government. and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court is day on
which he' assumes office for purposes of pension benefits; and day of Governor!s
announcement of proposed appOintment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the fIling and/or recording of the
oath of office, the oath of office has not actually been fIled and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One fmal issue is the filing of false certified salary warrants.
"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.
RCW 42.20. 060 Falsely auditing and paying claims.
Every public officer. or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or City, a part ofwhose duty it is to audit, allow or pay, or take part
in audWng, allowing or pqying, c;laims or dem,cmds lJpOn tht: $tat~ or stKh c;Olmty, town or c;ity, who shall
knowingly audit. allow or pay, or, directly or indirectly. coment to or in any way connive at the auditing.
allowance or payment of any claim or demand agaimt the state or such county, town or city. which is
false or fraudulent or contains any charge. item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.
.

j}OTICE OF l1ACANCY OF l!)FFICE

llage 3 of 5

"Use ofword "false" in connection with word "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willfUL design
to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing of prohibited act. " State v. Case (1915)
~hmr~.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is eqUivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as


true-", must be- considered with this statute, in prosecution for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree.


(1) A person is guilty ofperjury in the second degree if, in an examination under oath under the
terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
r~quir<I.d or authoriz~dby law.
(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" reqUired by law, or made in "the course of a judicial
proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not
required by law or made in the course of a judicial proceeding," then it is false
swearing. " State v. Howard., 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty ofextortion in the second degree ifhe commits extortion by means a/threat as
defined in RCW 9A.04.110(27)(d) through OJ.
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A. 04.11 0 - Definitions.
(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful' action as an offiCial' against anyone or anything, or wrongfully withhold
offiCial action, or cause such action or withholding;
The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

,flOi1CcOf' l1ACANCV Or c8FFICE'

~ge4of5

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualifY to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), andlor
3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andfor whom all government exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Name
1)

M,cA,q;(

....- - - /

2)

I),

LOJ

f4S

\\ \IV\.. L ~ . Il.

3) /)/

/c.;tfrCL- D It.LI,(A-,]

~" ... at the mouth of ovo witnesses, or at the mout oft ee witnesses, shall teat
established. "Deuteronomy 19: 15; see also Deuteronomy 17:6
" ... receive not an accusation unless where there are nvo or three witnesses. " I Timothy
5:19
Declaration of Service

Washington state
County of Stevens

W'\\;I1ktn-l>e-o.i a \'nib ~c *1J'~"dO hereby declare that I ~ave at fj:q2 ~.IP.M., this the
ra~
, 2 14, in the city of bllill-e..
= at the address of

I,
.27"lCday of

~.

On f<

' duly served a copy of the foregoing Notice of Vacancy of Office


by delivering a copy of the above to the within named ~oJ}<Z.. f.l-lie.'=
. I declare under
:;, (.5:

penalty of perjury under the laws of the United States of America that the fOregOin~e and correct.

BytIJL;;-~
'~'ohr'/4 '
One ofthe~eign p pie)

.eOTICE OF l)ACANCY OF eFFICE

.age 5 of 5

RECEIVED
J}OTICE OF 'l} ACANCY OF eFFICE
in Common Law Court of Record Over Two Witnesses

STEVENS COUNTY
11BJM;I01:l.:~~tr.hffil?!61t

Lex Naturalis Dei Gratia

AlN008 SN "31S

Notice to Respondeat Superior is Notice to Respondeat Inferior.

Notice to Respondeat Inferior is Notice to Respondeat Superior.


FROM: The Sovereign People on Stevens county, on Washington state.
TO:

c.;

XtJ.

031\1383

Timothy Rasmussen
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Timothy Rasmussen, Notice that the Office of Stevens
County Prosecutor is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it clear you were to submit your oath of office apd pay the r~uisit~ filing fee. By failing to ijle
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the

community; and !f an officer is so careless of the requirements ofthe law under which he

is elected that he neglects to qualifY, it is a fair indication that he will be neglectful in the

transaction ofthe duties ofhis office. "Lysons v. Ruf( 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11,1980 NO.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex

reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.

1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that corrfinn that your "oath" is invalid
according to law.

((Use of word ushall" in statute imposes mandatory duty." Waste Management of


Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).
Every official oath of office, whether for elective or appointive office in the State of Washington
shall be fLIed.
RCW 36.16.060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice
in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.fiOTICE OF VACANCY OF ~FFICE

.J}age 1 of 5

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65.04.015 DefinitiOns.
The definitions set forth in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county official charged with
the responsibility for recording instruments in the county records.
(2) "File," ''filed,'' or ':filing" means the act ofdelivering or transmitting electronically an instrument to
the auditor or recording officer for recording into the offlcial public records.
(3) "Record." "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetiC. or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number, auditor or recording officer file number, receiving number.
electronic retrieval code, or other specific place) of each instrument in the public records accessible in
the same recording offlce where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed. irrespective ofthe type ofinstrument.

using a process that has been tested and approved for the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999
c 233 10.
Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body provides definitions for statutory term.'l. it is that definition to
which the person must conform his conduct. " City of Seattle v. Kob, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
N~onal Homeopathic Hospital Ass'n of District of Columbia et.al. v, Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20. 030 - Intrusion into and refusal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

,flOTICE OF lJACANCY OF ceFFICE

t)age 2 of 5

exercise any of the jUnctions or peiform any of the duties, without having duly qualified as required by
law, ..., shall be gUilty ofa gross misdemeanor.
The word "willfully" is defined in RCW 9A.08.01O as "knowingly".

Ignorance oIracts excuses. ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.

"Every citizen of the United States is supposed to know the law,


Wall (74 U.S. 169) 666 (1869).

. " Pierce v. United States, 7

Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
"Statutes relating to compensation ofpub/ic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court is dav on
which he assumes office (or purposes of pension benefits, and day of Governor's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One [mal issue is the filing of false certified salary warrants.
"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing andpaying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing, allOWing or paying, claims or demands upon the state or such county, town or City, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or city, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent. shall be guilty ofa
gross misdemeanor.

,fiOTICE OF ~ACANCY OF $FFICE

~age 30fS

"Use of word "false" in connection with word "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willful design
to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing ofprohibited act." State v. Case (1915)
Supra,
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to befalse.
"Statute defining perjury in any testimony, affidavit or "other writing subscribed as
true ", must be considered with thiS statute, in prosecution for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72.030 - Perjury in the second degree.
(1) A person is guilty ofperjury in the second degree if in an examination under oath under the
terms of a contract of insurance, or with intent to mislead a public servant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
required or authorized by law.
(2) Perjury in the second degree is a class C felony.
"The distinction betlVeen perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding." the offense is perjury; if the false voluntary oath or affidavit is "not
required by law or made in the course of a judicial proceeding," then it is false
swearing. " State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty ofextortion in the second degree
defined in RCW 9A.04.110(27)(d) through (j).
(2) ...
(3) Extortion in the second degree is a class C felony.

if he commits extortion by means ofthreat as

RCW 9A. 04.110 - Definitions.


(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an offiCial against anyone or anything, or wrongfUlly withhold
offiCial action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

,flOlICE OF ~ACANCY OF eFFICE

t}age 4 of5

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andfor whom all government exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Name
1)

Cu.ARLEJ A~ l?4A/SJete

2)

Lie-a

3)

----r:-\,v-..

P((o t.<.--T/
4> -

~~\ ~

~-=--\:-_.------Y

" . at the mouth of two Witnesses, or at tfe mouthof three witnesses, shall the matter be
established. " Deuteronomy 19: 15; see also Deuteronomy 17:6
" ... receive not an accusation unless where there are two or three witnesses. " I Timothy
5: 19

Declaration of Service
Washington state
County of Stevens
I, tu,-lfitlAn ~ "Beo~<!ni'D.sc Klj ~a;do hereby declare that I~have at ~/P.M., this the
.;2J~day of YY\~
,2 14, in the city of~, at the address of
d) l~0 GJ< ~
, duly served a copy of the foregoing Notice of Vacancy of Office
yY) ~ 'RasrolJ., ~, e(\... I declare under
by delivering a copy of the above to the within named
penalty of peIjury under the laws of the United States of America th the foregorng IS true and correct.

.s.

7i

By: A

(lr, '

reign p~op1

1l0TICE OF 'lJACANCY OF c9FFICE

l)age 5 of 5

RECEIVED
MAY 27 2014

JlOTICE OF ~ ACANCY OF eFFICE

BY:(J0~

in Common Law Court ofRecord Over Two Witnesses

Lex Naturalis Dei Gratia


Notice to Respondeat Superior is Notice to Respondeat Inferior.
Notice to Respondeat Inferior is Notice to Respondeat Superior.
FROM: The Sovereign People on Stevens county, on Washington state.
TO:

Tim Gray
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Tim Gray, Notice that the Office of Stevens County
Auditor is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualify for that office.
"Officers are elected not for the benefit of the individual, but for the benefit of the
community; and ifan officer is so careless ofthe requirements ofthe law under which he
is elected that he neglects to qualifY, it is a fair indication that he will be neglectfUl in the
transaction ofthe duties ofhis office. "Lysons v. Ruff: 4 Wash. 234,29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1%3, No. 17 and; AGLO January 11,1980 No.2.
Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid
according to law.
"Use of word "shall" in statute imposes mandatory duty." Waste Management of
Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington
shall be filed.
RCW 36.16.060 Place offiling oaths and bonds.
Every county officer, before entering upon the duties ofhis or her office. shall file his or her oath ofoffice
in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.fiOTICE OF ~ACANCY OF $FFICE

.t}age 1 of 5

PROVIDED, That the official bond of the county clerk, afier first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "fJ.led" has been defIned by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65. 04. 015 Definitions.
The definitions set forth in this section apply throughout thiS chapter unless the context clearly
requires otherwise.
(/) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responSibility for recording instruments in the county records.
(2) "File," "filed," or '.'filing" means the act ofdelivering or transmitting electronically an instrument to
the auditor or recording officer for recording into the official public records.
(3) "Record," "recorded.," or "recording" means the process, such as electronic, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and trame, instrument number, auditor or recording officer file number, receiving number,
electronic retrieval code, or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county. or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed, irrespective ofthe type oOnstrument,

using a process that has been tested and approved fOr the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999
c 233 10.
Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitiOns for statutory terms, it is that definition to
which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic Hospital Ass'n of District of Columbia et.al. v. Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20.030 -Intrusion into and refusal to surrender public office.


Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

.eOTICE OF l1ACANCY OF c9FFICE

~age 20fS

exercise any of the functions or perform any of the duties, without having duly qualified as required by
law, "" shall be guilty ofa gross misdemeanor.
The word "willfully" is defined in RCW 9A.08.010 as "knowingly".

Ignorance

~rfacts

excuses, ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.

"Provision requiring payment a/fees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. .. Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath of office is signed and filed by judge ~r superior court is day on
which he assumes office (or purposes o( pension benefits, and day of Governor's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406,486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One fmal issue is the filing of false certified salary warrants.
"An officer de/acto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing and paying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing. allOWing or paying, claims or demands upon the state or such county. town or city. who shall
knowingly audit. allow or pay. or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or city, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

J}.OTICE OF 'lJACANCY OF eFFICE

t)age 3 of 5

"Use ofword "false" in connection with word "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willfUl design
to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915)
Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as


true", must be considered with this statute, in prosecution for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree.


(1) A person is guilty ofperjury in the second degree if, in an examination under oath under the
terms of a contract of insurance, or with intent to mislead a public servant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
required or authorized by law.
(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not
required by law or made in the course of a judicial proceeding," then it is false
swearing." State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty ofextortion in the second degree ifhe commits extortion by means o/threat as
defined in RCW 9A.04.110(27)(d) through (j).
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A. 04.11 0 - DefinitiOns.
(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an official against anyone or anything, or wrongfully withhold
offiCial action. or cause such action or withholding;
The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to dilly qualify. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

j}OTICE OF 'l1ACANCY OF c8FFICE

~age 40fS

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualifY to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), andlor
3. Face indictment for numerous and varied crimes.
"Sovereignty itselfremains with the people. by whom andfor whom all government exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Name
1)

I~

ClAe"1 ( 141'111 ---rr:aJn er

J?i#6e.-r= VV1,. f(~wluk


3) Jim,/f ~f4'4-d
" ... at th mouth of two witnesses, or at the 1Jfouth ofthr
2)

Co

witnesses
established. "Deuteronomy 19: 15; see also Deuteronomy 17:6
" ... receive not an accusation unless where there are two or three witnesses. " 1 Timothy
5:19
Declaration of Service

Washington state

County of Stevens

R~~ ~

J. l\:ob\e..

I, wJ11'l1/rh ~ ~~I'J~';"()~he5r K1J'}l~0 hereby declare that I have at


mlP.M., this the

e2 Z ~day of
20 4, in the city of
{v{ /Ie.
, at the address of

~ IS: $ . 0 a..k
, duly served a copy of the foregoing Notice of Vacancy of Office

y delivering a copy of the above to the within named


G,c~
. I declare under
penalty of perjury under the laws of the United States of America that th foregomg JS true and correct.

tD9'i

'

f!v

9<..37

Vrr1

,fiOTICE OF 'lJACANCY OF $FFICE

,t)age 5 of 5

.1}.OTICE OF 'l} ACANCY OF C!&FFICE


in Common Law Court of Record Over Two Witnesses

L'x Naturalis Dei Gratia


Notice to Respondeat Superior is Notice to Respondeat Inferior.
Notice to Respondeat Inferior is Notice to Respondeat Superior.
FROM: The Sovereign People on Stevens county, on Washington state.
TO:

Don Dashiell

215 S. Oak 8t.

Colville, Washington 9911 4

The people of Stevens County hereby serve you, Don Dashiell, Notice that the Office of Stevens County
Commissioner District 2 is vacant per RCW 42.12.010.

II

lh

Ofi April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the
community; and if an officer is so careless ofthe requirements ofthe law under which he
is elected that he neglects to qualifY, it is a fair indication that he will be neglectfUl in the
transaction ofthe duties ofhis office. " Lysons v. Ruff: 4 Wash. 234, 29 P. 999 (1892).
Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v: Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.
Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid
according to law.

"Use of word "shall" in statute imposes mandatory duty. " Waste Management of
Seattle, Inc. v. Utilities and Trans. eom'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).
I

it

Every official oath of office, whether for elective or appointive office in the State of Washington
shall be filed.

RCW 36.16. 060 Place offiling oaths and bonds.


Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice
in the office of the county auditor and his or her official' bond in the office of the county clerk:

~age 1 of 5

PROVIDED, That the official bond of the county clerk, ajter first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65.04.015 Definitions.
The definitions set forth in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility jar recording instruments in the county records.
(2) "File," ''filed, " or ':filing" means the act ofdelivering or transmitting electronically an instrument to
the auditor or recording officer for recording into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number, auditor or recording officer file number, receiving number,
electronic retrieval code, or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a docwnent into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65. 04. 040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty ofrecording instruments in public records

shall record them bv *record location number in the order filed, irrespective or the type or instrument,

using a process that has been tested and approved for the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999
c 233 10.
Fees for recording instrwnents are found at: RCW 36.18.010.

"When legislative body provides definitions for statutory terms, it is that definition to
which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic Hospital Ass'n of District of Colwnbia et.al. v. Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20.030-1ntrusion into and refusal to surrender public office.


Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

J}OTICE OF 'VACANCY OF CSFFICE

~age lofS

exercise any of the .fUnctions or perform any of the duties, without having duly qualified as required by
law, ..., shall be guilty ofa gross misdemeanor.
The word "willfully" is defIned in RCW 9A.08.01O as "knowingly".

Ignorance offacts excuses, ignorance oflaw does not excuse. I Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.

"Every citizen of the United States is supposed to know the law,


Wall (74 U.S. 169) 666 (1869).

. " Pierce v. United States, 7

Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory fLling fees, and further, not even the State is exempt from
these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court is day on
which he assumes office for purposes of pension benefits, and day of Governor's
announcement of proposed appOintment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the fIling and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One final issue is the fIling of false certified salary warrants.
"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing andpaying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or city, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

,fiOTICE OF l1ACANCY OF $FFICE

l)age 3 of 5

"Use ofword "false" in connection with word "jraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willfUl design
to cheat and defraud public jitnds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915)
Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is eqUivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as


true ", must be considered with this statute, in prosecution for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree.


(1) A person is guilty ofperjury in the second degree if, in an examination under oath under the
terms ofa contract of insurance, or with intent to mislead a public sen'ant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
reqUired or authorized by law.
(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding," the offinse is perjury; if the false voluntary oath or affidavit is "not
reqUired by law or made in the course of a judicial proceeding," then it is false
swearing. " State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as
defined in RCW 9A.04.110(27)(d) through 0).
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A. 04.110 - Definitions.
(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an official against anyone or anything, or wrongfully withhold
official action, or cause such action or Withholding;
The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

J}OTICE OF lJACANCY OF .FFICE

~age 4 of 5

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people. by whom andfor whom all government exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
rI~

Printed Name

l)'XCtlvr& WLtlSd
2)

Pr

C ENe-

(J

M,c,t,,,,;. 7 ':D

3)

l'+ r

L&.]7)J

~~'r::> ~

" ... at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be
established." Deuteronomy 19:15; see also Deuteronomy 17:6
"... receive not an accusation unless where there are two or three witnesses. " I Timothy
5:19

Declaration of Service
Washington state
County of Stevens

(.l)~;<ho .~e,o:,p"m;l'" ,"c -1(1 j n1eo

do hereby declare that I have at /0: IS @fP.M., this the


e...
, at the address of
\5 S Q o.k( \
, duly served a copy of the foreg..oing Notice of Vacancy of Office
by delivering a copy of the above to the within named Do a 1:)QAn i r 1
. I declare under
penalty of peIjury under the laws of the United States of America that the foregoing is true and correct.
I,

a7 '- day of

yY}QA.i

' 2014, in the city of

Co"->: U

ByL.,i4.:.--~ ~: ~ .
v

.f}OTICE OF 'lJACANCY OF eFFICE

One of the soV(;iin peJple )

.age SofS

~OTICE OF lJ ACANCY OF $FFICE

in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia


Notice to Respondeat Superior is Notice to' Respondeat Inferior.

Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO:

Steven Lynn Parker

215 S. Oak St.

Colville, Washington 99114

The people of Stevens County hereby serve you, Steven Lynn Parker, Notice that the Office of Stevens
County Commissioner District 3 is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes. it clear you. were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a pennanent part of the official public records of Stevens Co~ty as the law
requires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the
community; and if an officer is so careless ofthe requirements ofthe law under which he
f5r ei'ected that he neglects tu quaiify; it is a .fairindication- that he wf{f'lJe" rregte'Ctjuf' irr the
transaction ofthe duties ofhis office. " Lysons v. RufI: 4 Wash. 234, 29 P. 999 (1892).
Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, celt, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.
Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid
according to law.
"Use 0/ word "shall" in statute imposes mandatory duty." Waste Management of
Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).
Every official oath of office, whether for elective or appointive office in the State of Washington
shall be fLIed.
RCW 36.16.060 Place o/filing oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office, shall Czle his or her oath ofoffice
in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

!)age 1 of 5

.flOTICE OF l1ACANCY OF eFFICE

-----------------------_ _-------_._-..

'--

---------

PROVIDED, That the official bond of the county clerk, ajier first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "fIled" has been defIned by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65.04~015 Definition'S.
The definition'S set forth in this section apply throughout this chapter unless the context clearly
requires othenvise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility for recording instruments in the county records.
(2) "File," "filed, " or ':filing" means the act of delivering or transmitting electronically an instrument to
the auditor or recording officerfor recording into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number, auditor or recording officer file number, receiving number,
electronic retrieval code, or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:
RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county. or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed, irrespective ofthe Ope o(instrument,

using a process that has been tested and approved (or the intended purpose by the state archivist.

Notes:

*Revisers note: The definition "record location number" was changed to "recording number" by 1999
c 233 10.
Fees for recording instruments are found at: RCW 36.18.010.
"When legislative body provides definitions for statutory terms. it is that definition to
which the person must conform his conduct. "City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic Hospital Ass'n of District of Colwnbia eta!. v. Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.
RCW 42.20.030 -Intrusion into and refusal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

1l0TICE OF l1ACANCY OF cf)FFICE

~age 20fS

exercise any of the functions or perform any of the duties, without haVing duly qualified as required by
law, ..., shall be guilty ofa gross misdemeanor.
The word "willfully" is defined in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the COlUlty Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.

"Provision reqUiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of


government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is dav on
wirick ke- assumes office (or pUTTJOses of pension benefits; and day of Governor's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One final issue is the filing of false certified salary warrants.
"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing and paying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing. allOWing or paying, claims or demands upon the state or such county. town or city, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or City, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

J}OTlCE OF ':VACANCY OF c8FFICE

f)age 3 of 5

"Use of word ':false" in connection with word ':fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willful design
to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is implied from fact ofviolation even though person had no
wrongful intent to do anything beyond doing o.fprohibited act." State v. Case (1915)
Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as


true ", must be comidered with this statute, in prosecution for perjury in mahng
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72.030 - Perjury in the second degree.
(1) A person is guilty ofperjury in the second degree if, in an examination under oath under the
terms ofa contract of insurance, or with intent to mislead a public servant in the performance of his or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
required or authorized by law.
(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding." the offinse is perjury; if the false voluntary oath or affidavit is "not
required by law or made in the course of a judicial proceeding," then it is fabre
swearing. " State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty ofextortion in the second degree
defined in RCW 9A. 04.11 0(27)(d) through (j).
(2) ,,'
(3) Extortion in the second degree is a class C felony.

if he commits extortion by means ofthreat as

RCW 9A. 04.110 - Definitions.


(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an offiCial against anyone or anything, or wrongfully withhold
official action, or cause such action or Withholding;
The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

.f}OTICE OF ~ACANCY OF" eFF"ICF

"age 40fS

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.
"Sovereignty itselfremains with the people. by whom and jar whom all government exists
and acts." Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Narne

2) ~~'Q.O~:::::J..-::J-l-!~~~-

3)

{
" ... at the mouth of two wimesses, or at the mout of three witnesses, shall the matter be
established." Deuteronomy 19:15; see also Deuteronomy 17:6
"... receive not an accusation unless where there are two or three witnesses. " I Timothy
5:19
Declaration of Service

Washington state
COlmty of Stevens
I, W\ \\ \()/hl'-~r'~a. (ri\O ~r= ts{i~(;JO hereby declare that I have at ~.M., this the
GJ7~ day of yY")lU\
,2014, in the city of <2.0\\1,\\<.
, at the address of
c;2 IS S
K~
, duly served a copX ~f the foregoing Notice of Vacancy of Office
by delivering a copy of the above to the within named .i:l.:te Vg ?a..d<er
. I declare under
penalty of perjury Wlder the laws of the United States of America that the foregoing is true and correct.

all.

J!OTICE OF l'ACANCY OF $FFICE

!lage 5 of 5

/
/

~OTICE OF l) ACANCY OF Q)FFICE

/~

Cj~(Q~iif?;"~

MAy 2 7

L.. S/~V~1\!S CO

~Itp

20/4

Urvty
BOCC

in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia


Notice to Respondeat Superior is Notic.e to Respondeat Inferior.
Notice to Respondeat Inferior is Notice to Respondeat Superior.
FROM: The Sovereign People on Stevens county, on Washington state.
TO:

Wes McCart
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Wes McCart, Notice that the Office of Stevens County
Commissioner District 1 is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-eompliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens CountY it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it cl~ you, were to .submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualify for that office.
.
"Officers are elected not for the benefit of the individual, but for the benefit of the
community; and i/an officer is so careless ofthe requirements ofthe law under which he
is elected that he neglects to qualify, it is a fair indication that he will be neglectfUl in the
transaction ofthe duties ofhis office. " Lysons v. Ruff: 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1%3, No. 17 and; AGLO January 11, 1980 No.2.
Right to hold public office is subject to qualifications imposed by legislature. " State ex

reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.
Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid
according to law.
"Use of word "shall" in statute imposes mandatory duty." Waste Management of
Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,

reconsideration denied (1994).


Every official oath of office, whether for elective or appointive office in the State of Washington
.
shall be filed.
RCW 36.16.060 Place offiling oaths and bonds.
Every county officer. before entering upon the duties ofhis or her office, shall (de his or her oath ofoffice
in the office of the county auditor and his or her official bond in the office of the county clerk:

.eOTICE OF l1ACANCY OF eFFICE

l}age lofS

PROVIDED, That the official bond of the county clerk, a.fier first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "fIled" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW65.04.015 Dejin.Wons.
The definitions set forth in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility for recording instruments in the county records.
(2) "File," ''filed,'' or "filing" means the act of delivering or transmitting electronically an instrument to
the auditor Of'" recording officerfor recording into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number, auditor or recording officer file number, receiving number,
electronic retrieval code, or other specific place) o(each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a docwnent into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:
RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed, irrespective ofthe type oOnstrument,

using a process that has been tested and approved (Or the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999
c23310.
Fees for recording instruments are found at: RCW 36.18.010.
"When legislative body provides definitions for statutory terms, it is that definition to
which the person must conform his conduct. "City of Seattle v. Kob, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a speCial sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic. Hospital Ass'n of District of Columbia et.al. v. Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location nwnber", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.
RCW 42.20. 030 - Intrusion into and refusal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

,flOTICE OF l'ACANCY OF $FFICE

l)age 2 of 5

exercise any of the functions or perform any of the duties, without having duly qualified as required by
law, ..., shall be guilty ofa gross misdemeanor.
The word "willfully" is defined in RCW 9A.08.010 as ''knowingly''.

Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.
"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.

"Provision reqUiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court is dav on
which Ire assumes offu:e for purposes of pension benefits; and day of Governor's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One final issue is the filing of false certified salary warrants.
"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing and paying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or City, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or City, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

,flOTICE OF '.lJACANCY OF eFFICE

~age 3 of 5

"Use ofword ''false'' in connection with word "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willfUl design
to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915)

Supra
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.
"Statute defining perjury in any testimony, affidavit or "other writing subscribed as
true", must be considered with this statute. in prosecutian for perjury in making
statement or affidaVit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree.


(1) A person is guilty ofperjury in the second degree if, in an examination under oath under the
terms ofa contract of insurance, or with intent to mislead a public servant in the performance of his or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
re.quired or authorized by law.
(2) Perjury in the second degree is a class C felony.
"The distinction between perjury and false swearing is thiS. viz.: "if the false statement
be made in an oath or affidavit" reqUired by law, or made in "the course of a judicial
proceeding," the offense is perjury; ?f the false voluntary oath or affidavit is "not
required by law or made ifT the course of a judicial proceeding;" then it is false
swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree.


(1) A person is guilty ofextortion in the second degree ifhe commits extortion by means o/threat as
defined in RCW 9A.04.J JO(27)(d) through (j).
(2) ...
(3) Extortion in the second degree is a class C felony.

RCW 9A.04.110 - Definitions.


(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an offiCial against anyone or anything, or wrongfully withhold
offiCial action, or cause such action or withholding;
The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

.flo-neE OF lJACANCY OF eFFICE

l)age 40fS

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust eruichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.

"Sovereignty itse?(remains with the people, by whom and/or whom all government exists
and acts." Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Narne

3)

CrFl." ~ L.t...<- H0

~1~
~ -AOl :U~

eJ,

"... at the mouth o/two witnesses, or at the mouth o/three witnesses, shall the matter be
established." Deuteronomy 19:15; see also Deuteronomy 17:6
" ... receive not an accusation unless where there are two or three witnesses. " I Timothy
5: 19
Declaration of Service

Washington state
County of Stevens

1, W\\Lk'O-']e,..;~,o Sr KIln-tV,; do hereby declare that I have at jO:lsl[j).IP.M., this the


.;l7lbday of r1l~
, 2014, in the city of
-vi
at the address of
dkS S:>. Va k
' duly served a copy of the foregoing Notice of Vacancy of Office
by delivering a copy of the above to the within named fA,,) ~
c.. (1J).c
. I declare under
penalty of peIjury under the laws of the United States 0 America that the foregoing is true d correct.

& \ He..

'

By:

.eOTICE OF l1ACANCY OF eFFICE

~~~p~~~~~,~~~~=

llage 5 of 5

J}.OTICE OF

lJ ACANCY OF $FF1CE

in Common Law Cowt of Record Over Two Witnesses

Lex Naturalis Dei Gratia

Notice to Respondeat Superior is Notice to Respondeat Inferior.

Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.


TO:

Patricia A. Chester
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Patricia A. Chester, Notice that the Office of Stevens
County Clerk and Ex Officio Clerk of the Superior Cowt is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the
community; and if an officer is so careless ofthe requirements ofthe law under which he
ts elected that he neglects to qualify, it is a fair indication that he will' be neglectful tn the
transaction o/the duties ofhis office. "Lysons v. Ruff, 4 Wash. 234, 29 P. 999 (1892).
Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, Apri116, 1963, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.
Now, as to your "oath", there are a few cases and RCW's that confum that your "oath" is invalid
according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of


Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsjderation denied (1994).
Every official oath of office, whether for elective or appointive office in the State of Washington
shall be fLIed.

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office. shall file his or her oath ofoffice
in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.J}OTICE OF l1ACANCY OF 19FFICE

~age lofS

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "filed" has been defIned by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65.04.015 Definitions.
The definitions set forth in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county official charged with
the responsibility for recording instruments in the county records.
(2) "File," ''filed, " or ''filing'' means the act of delivering or transmitting electronically an instrument to
the auditor or recording officerfor recording into the official public ,ecotds.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
andpage, reel and (tame, instrument number. auditor or recording officer file number, receiving number,
electronic retrieval code. or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county. or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed irrespective ofthe type oOnstrument,

using a process that has been tested and approved (Or the intended purpose bv the state archivist.

Notes:

*Reviser's flote: The definition "record location number" was changed to "recording number" by 1999
c23310.
Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitions for statutory terms, it is that definition to
which the person must conform his conduct. " City of Seattle v. Kob, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic Hospital Ass'n of District of Columbia et.al. v. Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the offIcial public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence- 902(d) Or 1005-. It is therefore render inadn1issible to support your claim to the office:

RCW 42.20. 030 -Intrusion into and refUsal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

,flOTICE OF ':JJACANCY OF c9FFICE

~age 20fS

exercise any of the functions or peiform any of the duties, without having duly qualified as required by
law, ..., shall be guilty ofa gross misdemeanor.
The word "willfully" is defined in RCW 9A.08.01O as "knowingly".
Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.

"Every citizen of the United States is supposed to know the law, ... ." Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.
"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath of office is signed and filed by judge ofsuperior court is daY on
which he assumes office {or purposes' of pension benefits, and day of GovernoF's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406,486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been fIled and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One fmal issue is the filing of false certified salary warrants.
"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing andpaying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or City, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or City, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

JiOTICE OF l1ACANCY OF c!)FFICE

~age 3 of 5

"Use ofword "false" in connection with word ''fraudulent'' does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willfill design
to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongfUl intent to do anything beyond doing ofprohibited act. " State v. Case (1915)

Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.
"Statute defining perjury in any testimony, affidavit or "other writing subscribed as
true ", must be considered with thiS Statute, in prosecliliO!i for perjliry lfi making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81

P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72.030 - Perjury in the second degree.
(1) A person is guilty ofperjury in the second degree ij in an examination under oath under the
terms of a contract of insurance, or with intent to mislead a public servant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
required or authorized by law.
(2) Perjury in the second degree is a class C felony.
"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding," the offinse is perjury; if the false voluntary oath or affidavit is "not
required by law Or made in the course of a judicial proceeding," then it is false
swearing. "State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree.


(1) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as
defined in RCW 9A. 04. 110(27)(d) through 0).
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A. 04.110 - Definitions.
(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongfUl action as an offiCial against anyone or anything, or wrongfulfy withhold
offiCial action, or cause such action or Withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

J}OTICE OF l1ACAN'cY OF eFFICE

.t)age 4 of 5"

The people require the highest of ethical standard from their ejected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or


3. Face indictment for nwnerous and varied crimes.

"Sovereignty itse(lremains with the people, by whom andjor whom all government exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Narne
1)

A-im&1c'1/111N

Qa r-\a -\:0.0..9 '. bach


3) ~---~ LeAL-
2)

\ ~ ~' - - - - - -
"... at the mouth o/two witnesses, or at the mouth o/three witnesses, shall the matter be
established" Deuteronomy 19: 15; see also Deuteronomy 17:6
"... receive not an accusation unless where there are two or three witnesses. " I Timothy
5:19
Declaration of Service

Washington state
County of Stevens

~~ ~

I, ~:<hn-'BenJa hot;.., $.-1" t{}j'l"~o hereby declare that Ipave at 9:sa@.IP.M., this the

;}.7,.- day of r'OCMj


, 2014, in the city of &/vd[-e.
, at the address of

Q2 IS" ~ ()Qr<
, duly served a copy of the foregoing Notice of Vacancy of Office

by delivering a copy of the above to the within named R.tr~a.I'tL A t-Msfew- . I declare under

penalty ofpeIjury under the laws of the United States of America that the for"ing is e and correct.

By:

..flOTICE OF l1ACANCY OF cDFFICE

'-

~ ~;.'

')

overe/gn people

~age 5 of 5

..eOTICE OF YACANCY OF C!9FFICE


in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia

r f:leCEIVED

Notice to Respondeat Superior is Notice to Respondeat Inferior.


Notice to Respondeat Inferior is Notice to Respondeat Superior.
FROM: The Sovereign People on Stevens county, on Washington state.
TO:

._

__

.r~8&~anY

,... .i

Susan A. Hamasch
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Susan A. Harnasch, Notice that the Office of Stevens
County Treasurer is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it dear you were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a pennanent part of the official public records of Stevens County as the law
requires, you have neglected to qualify for that office.
"Officers are elected not for the benefit of the indiVidual. but for the benefit of the
community; and ifan officer is so careless ofthe requirements ofthe law under which he
is e-Iected that he neglects to qualifY, it is a fair indication that he- will be negle-ctful in the
transaction ofthe duties ofhis office. ,. Lysons v. Ruff: 4 Wash. 234,29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gonnley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 NO.2.
Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 101. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confmn that your "oath" is invalid
according to law.
"Use of word "shall" in statute imposes mandatory duty." Waste Management of
Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington
shall be filed.
RCW 36.16.060 Place offilingoaths and bonds.
Every county officer, before entering upon the duties ofhis or her office. shall file his or her oath ofoffice
in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.eOTICE OF lJACANCY OF eFFICE

MA 2 7 2014

!lage 1 of 5

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 6~.04.015 Definitions.
The definitions set forth in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility for recording instruments in the county records.
(2) "File," 'jtled, " or ''filing'' means the act ofdelivering or transmitting electronically an instrument to
lhe- audHor or recording officerfor recording into the official public records.
(3) "Record," "recorded, " or "recording" means the process, such as electroniC, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number, auditor or recording officer file number, receiving number,
electronic retrieval code, or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments -Marginal notations -Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty or recording instruments in public records

shall record them by *record location number in the order filed, irrespective or the type oOnstrument,

using a process that has been tested and approved fOr the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "record location number" was changed 10 "recordingnumber" by 1999
c 233 10.
Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitions for statutory terms, it is that definition to
which the person must conform his conduct." City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
NatiQnal HomeQpathi~ HQspital Ass'n of District Qf Columbia et.al. v. BrittQn, Dt(puty
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
of Evidence 902(d) Of IOOS. It is therefore render inadmissible to supp0l1 your claim to the office.

RCW 42.20. 030 - Intrusion into and refUsal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

1}OTICE OF '-YACANCY OF eFFICE

~age 20fS

exercise any of the functions or perform any of the duties, without having duly qualified as required by
law, ..., shall be guilty ofa gross misdemeanor.
The word "willfully" is defmed in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses. ignorance oflaw does not excuse. 1 Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.

"Every citizen of the United States is supposed to know the lmil, ... ." Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing. filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government. and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court is day on
whick he assumes office for purposes of pension benefits, and day of Governor's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One fmal issue is the filing of false certified salary warrants.
"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.
RCW 42.20. 060 Falsely auditing and paying claims.
Every publiC officer. or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay. or take part
~n, auditing allOWing or paying, claims or @m.an!is ",pan lhe slale or s1,lch c01,lnty, town. Or c.~ty. who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or City, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

1l0TICE OF 'lJACANCY OF ~FFICE

llage 3 of 5

"Use ofword "false" in connection with word ''fraudulent'' does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willful design
to cheat and defraud public fUnds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915)
Supra,
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.
"Statute defining perjury in any testimony, affidavit or "other writing subscribed as
frue", must be considered with this statute. in prosecution for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72.030 - Perjury in the second degree.
(1) A person is guilty ofperjury in the second degree if in an examination under oath under the
terms of a contract of insurance, or with intent to mislead a public servant in the performance of his or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
require.d or authorize.d by law.
(2) Perjury in the second degree is a class C felony.
"The distinction between perjury and false swearing is this. viz.: "if the false statement
be made in an oath or affidavit" required by law. or made in "the course of a judicial
proceeding," the offense is perjury; ~f the false voluntary oath or affidavit is "not
required by law or made in the course of a judicial proceeding;" then it is false
swearing. " State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(I) A person is guilty ofextortion in the second degree ifhe commits extortion by means o/threat as
defined in RCW 9A.04.110(27)(d) through (j).
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A.04.110 - Definitions.
(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongfUl action as an offiCial against anyone or anything, or wrongfUlly withhold
offiCial action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

J}OT1CI:Or'l1AcANCY or eFPlCE

~age 4 of 5'

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.

"Sovereignty itse(lremains with the people, by whom andjor whom all government exists
and acts. " Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Name

1) c..eN~\o..~~Q.. ~ ~~'J
2)

~bert (1. r1eubN'~

3)-r\~~~'1),I-A

{\f
~lU'~~~~~~~=-'
" ... at the ~th of two witnesses, or at the mouth of th
wit sses, shall the matter be
established. "Deuteronomy 19: 15; see also Deuteronomy 17:6
" ... receive not an accusation unless where there are two or three witnesses. " I Timothy
5: 19

Declaration of Service
Washington state
County of Stevens

SQ KI,''1er, do hereby declare that I ,have at IQ '. ~.IP.M., this the


, 014, in the city of &\ v\\\f..
, at the address of
~1.5 S. Ot1r-f.( ~
, duly served a coP.x of the. ~oregoing Notice of Vacancy of Office
I,

11);~lkrn_:B?,"".~'jdn'ln

,2.7

day of r<la..u

by delivering a copy of the above to the within named ~t.I. Hac {Hl'SC
I declare under
penalty of peIjury under the laws of the United States of America that the foregoing is true and correct.

By

,ftOTICE OF 'lJACANCY OF c9FFICE

tv.~:
.- ~_. <::r.
One of the ~ign p)ople

'i4

~age 5 of 5

fo)JI@ IIWliI
J}.OTICE OF

lJACANCY OF eFFICE

in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia

Jm

1\

A 2 7 2014

ir:.33 -e. r::.-I!-

Notice to Respondeat Superior is Notice to Respondeat Inferior.


Notice to Respondeat Inferior is Notice to Respondeat Superior.
FROM: The Sovereign People on Stevens county, on Washington state.
TO:

Allen K Taylor
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Allen R. Taylor, Notice that the Office of Stevens
County Assessor is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualify for that office.
"Officers are elected not for the benefit of the individual, but for the benefit of the

community; and if an officer is so careless of the requirements ofthe law under which he

is elected that he neglects to qualify, it is a fair indication that he will be neglectful in the

transaction ofthe duties ofhis office. "Lysons v. Ruff, 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 NO.2.
Right to hold public office is subject to qualifications imposed by legislature." State ex

reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.

1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confum that your "oath" is invalid
according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of

Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,

reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington
shall be filed.
RCW 36.16.060 Place offiling oaths and bonds.
Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice
in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.J}OTICE OF ~ACANCY OF $FFICE

!lage 1 of 5

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65.04.015 Definitions.
The definitions set forth in this section apply throughout this chapter unless the context clearly
requires otherwise.
(I) "Recording officer" means the county auditor, or in charter counties the county official charged with
the responsibility for recording instruments in the county records.
(2) "File," "filed," or ':filing" means the act of delivering or transmitting electronically an instrument to
the auditor or recording officerfor recording into the offICial public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifIeS the storage location (book or volume
and page, reel and trame, instrument number. auditor or recording officer file number, receiving number,
electronic retrieval code. or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty or recording instruments in public records

shall record them by *record location number in the order filed. irrespective or the type or instrument,

using a process that has been tested and approved for the intended purpose by the state archivist.

Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999
c 233 10.
Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitions for statutory terms, it is that definition to
which the person must conform his conduct. "City ofSeattIe v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a speCial sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitiOns contained in the act. "
National Homeopathic Hospital Ass'n of District of Columbia et.aI. v. Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rilles
of Evidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20.030 -Intrusion into and refusal to surrender public office.


Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

J!OTICE OF 'lJACANCY OF c9FFICE

~age 20fS

exercise any of the functions or perform any of the duties, without having duly qualified as required by
law, ... , shall be gUilty ofa gross misdemeanor.
The word "willfully" is defined in RCW 9A.08.010 as "knowingly".
Ignorance offacts excuses, ignorance o.flaw does not excuse. 1 Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.
"Every citizen of the United States is supposed to know the law, ... ." Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).
Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.
"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190,107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
"Statutes relating to compensation ofpublie officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath o.f office is signed and filed by judge of superior court is dav on
which he assumes office for purposes of pension benefits, and day of Governor's
announcement of proposed appOintment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406,486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One final issue is the filing of false certified salary warrants.
"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.
RCW 42.20. 060 Falsely auditing and paying claims.
Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allml' or pay, or take part
in auditing, allowing or paying, claims or demands upon the state or such county, town or City, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or city, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

1l0TICE OF lJACANCY OF CSFFICE

,Jage 3 of 5

"Use ofword "false" in connection with word ''fraudulent'' does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willful design
to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfromfact ofviolation even though person had no
wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915)
Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to befalse.
"Statute defining perjury in any testimony, affidavit or "other writing subscribed as
true ", must be considered with this statute, in prosecution for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72.030 - Perjury in the second degree.
(1) A person is guilty ofperjury in the second degree if, in an examination under oath under the
terms of a contract of insurance, or with intent to mislead a public servant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
required or authorized by law.
(2) Perjury in the second degree is a class C felony.
"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not
reqUired by law or made in the course of a judicial proceeding," then it is false
swearing. " State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(l) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as
defined in RCW9A.04. 1l0(27)(d) through 0).
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A. 04.11 0 - Definitions.
(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongfUl action as an official against anyone or anything, or wrongfUlly withhold
offiCial action, or cause such action or Withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

.flOTICE OF 'lJACANCY OF ~FFICE

llage 40fS

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasUly you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.

"Sovereignty itselj'remains with the people. by whom andjar whom all govemment exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed N arne
1)

?~u'-

.~~

2)

LJ \ L\. \ c....\M ~ S~ y\-~

3)

g I l l Q,

{-z. \7lV\.~~

'~... at th;;utMj two witnes

..

,or at the mouth oj three wltn s es, shall the matter e

established. "Deuteronomy 19: 15; see also Deuteronomy 17:6


"... receive not an accusation unless where there are two or three witnesses. " I Timothy
5:19
Declaration of Service
Washington state

ComIty of Stevens

L 1..(11.f.'0 <rl' - ~n' ewn; f"l Sr.

</; t'46' do hereby declare that ~ have at 10 :oi i'M'xP.M., this the

.J.1~y of rY~~
2014, in the city of & L h H e . , ' a t f u e address of
~US cS. ()(i l(
, duly served a copy of the foregoing Notice of Vacancy of Office
by delivering a copy of tile above to the within named AL\ e;o 'R. TO;M
I declare under
penalty of perjury under the laws of the United States of Amenca that the foregomg IS true and correct.

/-or. .

By:

,eOTICE OF ':YACANCY OF c9FFICE

~~~!::!j'.-:....i:.~~~~~C;:- -!r.~.

T 'L::-,'12p="':

"age 5 of 5

JlOTlCE OF

lJACANCY OF <9FFICE

in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia

Notice to Respondeat Superior is Notice to Respondeat Inferior.

Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.


TO:

Patti Hancock
215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Patti Hancock, Notice that the Office of Stevens County
Coroner is vacant per RCW 42.12.0 10.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes it clear you were to submit your oath. of office and pay the requisite filing fee_ By failing to file
your oath and make it a permanent part of the official public records of Stevens County as the law
requires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual. but for the benefit of the
community; and if an officer is so careless of the requirements ofthe law under which he
is elected that he neglects to qualify. it is a fair indication that he will be neglectfUl in the
transaction ofthe duties ofhis office. " Lysons v. Ruff: 4 Wash. 234, 29 P. 999 (1892).
Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11,1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.
Now, as to your "oath", there are a few cases and RCW's that confinn that your "oath" is invalid
according to law.

"Use of word "shaU" in statute imposes mandatory duty." Waste Management of


Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).
Every official oath of office, whether for elective or appointive office in the State of Washington
shall be flied.

RCW 36.16. 060 Place offiling oaths and bonds.


Every county officer. before entering upon the duties ofhis or her office. shaU file his or her oath ofoffice
in the office of the county auditor and his or her official bond in the office of the county clerk:

.eOTICE OF tJACANCY OF ~FFICE

J)age 1 of 5

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
The word "filed" has been defmed by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65.-04.-015 Definitions.
The definitions set forth in this section apply throughout this chapter unless the context clearly
reqUires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility for recording instruments in the county records.
(2) "FOe," "filed, " or ''filing'' means the act ofdelivering or transmitting electronically an instrument to
the audiLororrecordingofficerjor recordingittto the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical,
magnetiC, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame, instrument number, auditor or recording officer file number, receiving number,
electronic retrieval code, or other specific place) of each instrument in the public records accessible in
the same recording office where the instrument containing the reference to the location is found.
In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords.

Any state, county, or municipal officer charged with the duty of recording instruments in public records

shall record them by *record location number in the order filed, irrespective oOhe type o(instrument,

using a process that has been tested and approved fOr the intended purpose by the state archiVist.

Notes:

*Reviser's note; The definition "record location number" was changed (0 "recording number" by 1999
c 233 10.
Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body provides definitiOns for statutory terms, it is that definition to
which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines, definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic Hospital Ass,'n of District of Columbia etal. v. Britton, Deputy
Com'r., 147 F2d 561.
Now, since your "oath of office" does not contain a "record location number", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
ofEvidence' 902(d) or 1005-. It is therefore render inadmissible to support your claim to' the office:

RCW 42.20.030 - Intrusion into and refusal to surrender public office.


Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

j!OTICE OF lJACANCY OF c9FFICE

tlage 2 of 5

exercise any of the functions or perform any of the duties, without having duly qualified as required by
law, ..., shall be guilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.010 as "knowingly".


Ignorance offacts excuses, ignorance o.flaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.
"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7
Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.
"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court is day on
which he tlrsumes office [or purposes of pension' benefits. and day of GOIJernor's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One fmal issue is the filing of false certified salary warrants.
"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing and paying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing, allOWing or paying, claims or demands upon the state or such county. town or city, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county. town or city, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent. shall be guilty ofa
gross misdemeanor.

J}OTICE OF lJACANCY OF ceFFICE

l)age 3 of 5

"Use ofword "false" in connection with word "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willful design
to cheat and defraud public fUnds." State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is impliedfrom fact ofviolation even though person had no
wrongful intent to do anything beyond doing of prohibited act. " State v. Case (1915)
Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.
"Statute defining per:jury in any testimony, affidavit or "other writing subscribed as
tnle ", must be considered with this statute; in prosecution f{)r perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72. 030 - Perjury in the second degree.
(1) A person is guilty ofperjury in the second degree if in an examination under oath under the
terms of a contract of insurance, or wi th intent to mislead a public servant in the performance ofhis or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
required or authorized by law.
(2) Perjury in the second degree is a class C felony.
"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not
required by law or made in rhff course of a judicial proceeding," then if is false
swearing. " State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(l) A person is guilty ofextortion in the second degree
defined in RCW 9A. 04. 110(27)(d) through 0).
(2) ."
(3) Extortion in the second degree is a class C felony.

if he commits extortion by means ofthreat as

RCW 9A. 04.1 J 0 - Definitions.


(27) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongfiil action as an official against anyone or anything, or wrongfully withhold
official action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

t)age 40fS

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andfor whom all government exists
and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Name
1)
2)

4A~~

A. 'i?AK.tS'(/2
e~ b4!.-1-:r:HtIl- &4<41 a,I,;"'/C

3),{3-~~o44 01v/.s05JffIfJ,

~~~~~~~~~~

"... at the mouth of two witnesses, or at the mout of three witnesses, shall t e matter be
established" Deuteronomy 19:15; see also Deuteronomy 17:6
" ... receive not an accusation unless where there are two or three witnesses. " I Timothy
5: 19

Declaration of Service
Washington state
County of Stevens
1,

LU; \\: Gct-o - &/l~G.m; '" ~t'". k1.' 1\'/16.0 hereby declare that I pave at 1(7 ! D~. M.,

this the
~ ~day of rDcu
' 2014, in the city of
~:ar'the address of
OlJ5' ~. C?Q~
duly served a co~ing Notice of Vacancy of Office
by delivering a copy of the above to the within narned
,
CL2f?-.t<.
. I declare under
penalty ofpetjury under the laws of the United States of America that the foregoing is true and correct.

(frv, /fe.

~~ ~i4
\

By:~

('
One ofthe~eign peoplJ

.ftOl"ICE OF ~ACANCY OF eFFICE

~.

!lage 5 of 5

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