IN THE FIRST PARISH COURT OF AND FOR THE PARISH OF JEFFERSON, STATE OF LOUISIANA

Comes now, into this court, Michael E. Di Rosa, appearing in propria persona, a free and natural Citizen of the State of Louisiana, of the States United, unschooled in the law, for the purpose and intent of challenging the jurisdiction of this court in this matter, and to satisfy my promise to appear in this court, at this date and time, a promise made under threat of arrest.

This Citizen of the State of Louisiana does hereby notice the court that this Citizen does claim all of the privileges and immunities of citizens of the several States guaranteed by the Constitution of The United States and the first twelve amendments thereto including, but not limited to, his right to trial by jury.

This Citizen of the State of Louisiana does hereby notice the court that he does not reside in the District of Colombia, nor any of the territories of the United States of America, except possibly as a resident alien, and hence not subject to the jurisdiction thereof, and will vigorously refute any claim to the contrary.

This Citizen of the State of Louisiana does hereby notice the court that this distinction of citizenship, and the ramifications thereof, has only recently become known to this Citizen, in the process of preparing for this court appearance, hence, any claim of this court to prosecute this Citizen as a mere citizen of the United States has been obtained by FRAUD and it is only the recentness of this discovery that has prevented this Citizen from discovering, rooting out and formally denouncing any claim that he is a mere citizen of the United States and not a Citizen of the State of Louisiana as the FRAUD it is and the FRAUD by which it has been obtained.

STATEMENT OF ACTIONS

On the 15th day of January, 2004 I was traveling on Lake Avenue when Jefferson Parish Officer S. Jones did order me to stop. Officer Jones did then issue to me a Louisiana Uniform Traffic Ticket and Complaint numbered JP – P 57425, stating that I had then and there committed the following offenses under complaint number A-14817-04:

1. Type/Section 32:863.1 No Proof of Insurance.

2. Type/Section 32:134E Expired MVI.

3. Type/Section 47:508 Expired License Plate.

Officer Jones did then issue to me an Official Notice of Withdrawal of Vehicle Registration. Notice of Violation numbered 1713481 and a JPSO Vehicle Storage, Wrecker Request and Inventory Record bearing the number of the complaint A-14817-04 and the number of the LA.DPS NOV 1713481.

Officer Jones did then order me out of the vehicle, did demand the key to the vehicle under threat of damage to the vehicle and did order Moon's Towing Service, Inc. to remove the vehicle from my possession.

STATEMENT OF THE CHALLENGE OF JURISDICTION

Article VII Section 5 of the Louisiana State Constitution entitled “Motor Vehicle License Tax” is unconstitutional and without merit in that it does authorize and mandate, in perpetuity, an admiralty lien, under the guise of a use tax, in security for the debts enumerated therein, on "every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle." LA R.S. 32:1(40), and does include "every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle or a ridden animal shall be a vehicle, and a trailer or semitrailer shall be a separate vehicle." LA R.S. 32:1(92) In short, every means by which a Citizen may exercise his rights to travel, and use of the public thoroughfare, save walking, or by use of "a pedal bicycle which may be propelled by human power or helper motor, or by both, with a motor rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which produces a maximum design speed of no more than twenty-five miles per hour on a flat surface." LA R.S. 32:1(41)

Article VII Section 5 of the Louisiana State Constitution entitled “Motor Vehicle License Tax” does violate the preamble and the following articles of the Federal Constitution and Bill of Rights:

1. Preamble to the United States Constitution in that it denies this Citizen of the State the Blessings of Liberty.

2. Article I Section 10 of the United States Constitution in that it does impair the right to contract in that it does compel this Citizen of the State into contract, thus impairing his right not to contract, and refrain from equity jurisdiction.

3. Article IV Section 2 of the United States Constitution in that it does deny this Citizen of the State Privileges and Immunities of the several States which include the enjoyment of life and liberty, the right to possess property of every kind, and to pursue and obtain happiness and safety, among others.

4. Article I of the Bill of Rights in that it does deprive this Citizen of his right to travel as a matter of right since every means by which this person may travel has been seized by the State, by way of an Admiralty lien, and hence has denied this Citizen of his right to peacefully assemble, and to petition the government for redress of grievance, since these rights can only be maintained if I can travel to such places.

5. Article I of the Bill of Rights in that it does compel this Citizen of the State to become surety for the debt of the State in violation of the admonition of the Bible in Proverbs 22:26 which states “ Be not one of them that strike hands, or of them that are sureties for debts.” Thus denying this Citizen the freedom of religion.

6. Article IV of the Bill of Rights in that since the State has claimed a real right in my vehicles it has denied this Citizen of the State the right to be secure in my person, papers, and effects against unreasonable searches and seizures.

7. Article V of the Bill of Rights in that it does deny this Citizen of due process of law before being deprived of my liberty and property.

8. Article V of the Bill of Rights in that it does take my property for public use without just compensation, to be used as surety for debts of the State.

9. Article VII of the Bill of Rights by compelling this Citizen of the State into equity jurisdiction and hence deny this Citizen the right to a Common Law trial by Jury.

10. Article VII of the Bill of Rights by subjecting this Citizen of the State to excessive fines.

Article VII Section 5 of the Louisiana State Constitution entitled “Motor Vehicle License Tax” does violate the preamble and the following articles of the State Constitution:

1. The preamble of the State Constitution in that it does impair and not protect individual rights to life, liberty, and property and does remove and not secure the blessings of freedom.

2. Article 1 section1 of the Louisiana State Constitution in that it does impair and not protect the rights of the individual.

3. Article 1 section 2 of the Louisiana State Constitution in that it does deprive this Citizen of life, liberty, or property, except by due process of law.

4. Article 1 section 3 of the Louisiana State Constitution in that it does institute Slavery and involuntary servitude which are prohibited.

5. Article 1 section 4(A) of the Louisiana State Constitution in that it does deny this Citizen the right to acquire, own, control, use, enjoy, protect, and dispose of private property.

6. Article 1 section 4(B) of the Louisiana State Constitution in that it does take Property without just compensation paid to the owner or into court for his benefit.

7. Article 1 section 4(C) of the Louisiana State Constitution in that it does take Personal effects.

8. Article 1 section 5 of the Louisiana State Constitution in that it authorize unreasonable searches and seizures.

9. Article 1 section 8 of the Louisiana State Constitution in that it does compel this Citizen of the State to become surety for the debt of the State in violation of the admonition of the Bible in Proverbs 22:26 which states “ Be not one of them that strike hands, or of them that are sureties for debts.” Thus denying this Citizen the freedom of religion.

10. Article 1 section 9 of the Louisiana State Constitution in that it does deprive this Citizen of his right to travel as a matter of right since every means by which this person may travel has been seized by the State, by way of an Admiralty lien, and hence has denied this Citizen of his right to peacefully assemble, and to petition the government for redress of grievance, since these rights can only be maintained if I can travel to such places.

For the above named reasons there can be no admiralty lien on my vehicle, hence I can not be compelled to contract for insurance of the State's property.

The requirement that I post bond or be forced into contract under the financial responsibility law is an unreasonable exercise of police power in that it is arbitrary, and excessive. This added to the fact that I am not engaged in the business, calling, or vocation of transporting people property for hire makes the claim of police power null and void.

The actions of the Department of Public Safety and Corrections has made it impossible for this Citizen of the State of Louisiana to acquire a Motor Vehicle inspection sticker, or to conduct any business with the Department of Public Safety and Corrections under any pretense of police power in that every one of their documents require a forfeiture of my fifth amendment rights and a promise to post bond or be compelled into Contract in violation of Article I Section 10 of the United States Constitution.

The requirement that I secure a License plate is negated in that I can not conduct any business with the Department of Public Safety and Corrections for the above named reasons, and the requirement that I secure such a License plate is negated due to the unconstitutionality of Article VII section 5 of the Louisiana State Constitution.

This Citizen of the State of Louisiana can claim, and does claim, his rights under the Constitution of the United States, and the Bill of Rights, as envisioned by its framers, so long as he does not claim any rights past amendment XII in accordance with the guidelines set forth by the Supreme Court of the United States in Scott v. Sandford 60 U.S. 393 and the Slaughterhouse Cases 83 U.S. 36.

This Citizen of the State of Louisiana does hereby notice this court that any claim or contention that this Citizen of the State of Louisiana has or does claim any rights under any amendment to the United States Constitution greater than XII is fallacious and without merit.

This Citizen of the State of Louisiana does hereby notice this court that any claim or contention that this Citizen of the State of Louisiana is subject to the territorial jurisdiction of the United States of America is fallacious and without merit, and any such claim or contention has been obtained and can only be sustained by FRAUD upon this Citizen of the State of Louisiana.

This Citizen of the State of Louisiana does hereby notice this court that this court has no jurisdiction in this matter for the reasons set forth above and more fully delineated in the brief in support of his claims herein attached.

This Citizen of the State of Louisiana does hereby notice this court that if this court does claim jurisdiction in this matter and attempt to compel this Citizen of the State to trial on these charges that this will be a final determination of jurisdiction and as such this Citizen does notice this court of his intention to appeal to the Fifth Circuit Court of Appeals of the State of Louisiana on the issue of the Jurisdiction of this court in this matter.

This Citizen of the State of Louisiana does hereby notice this court that he is the pastor of an unincorporated Religious Association, and has executed a vow of poverty to this church, and further that this Citizen has no source of income and does survive solely through the kindness and generosity of others. Should this Citizen be forced to appeal the final decision of this court, on the jurisdiction of this court, that he does demand his right to defend his rights IN FORMA PAUPERIS, and that the complete record of these proceedings be prepared for submission to the Fifth Circuit Court of Appeal at no cost to this Citizen.

BRIEF IN SUPPORT OF THE CLAIM OF THE UNCONSTITUTIONALITY OF ARTICLE VII SECTION 5 OF THE LOUISIANA STATE CONSTITUTION

As previously stated, this Citizen of the State of Louisiana was issued citations by Officer Jones and was summarily order from his vehicle, and the vehicle was seized and removed from my possession, and I was left standing on the side of the road with as much of my personal property as I could safely remove from my vehicle. Since I still believe that I am a Citizen of the State, with an effective national and state constitution, I had to believe both documents at their word when they do state that I will not have my personal property seized, except through due process of law in accordance with The United States Constitution Amendment V and The Louisiana State Constitution Article I Section 2.

“While the exact definition of the term “due process of law” may be uncertain, it is certain that it inhibits the taking of one man's property and giving it to another, contrary to settled usages and modes of procedure, and without notice or an opportunity to be heard. 230 U.S. 140” Bouvier's Law Dictionary 1914 version updated Pg. 327

However, I had indeed seen it happen to me. To my mind and limited knowledge of the law, I could see only two possibilities, either police powers extend to the seizure of personal property without due process of law, or I am not the owner of this vehicle. If I believe that the main cornerstone of our system is the right to property, as both the State and Federal Constitutions extol in their preamble, then, obviously I must not own this vehicle. Someone must have a higher title to this vehicle than I.

Article VII § 5 Section 5 does state:

$5. Motor Vehicle License Tax

Section 5. The legislature shall impose an annual license tax of not more than one dollar per each one thousand dollars of actual value on automobiles for private use based on the actual value of the vehicle, as provided by law. However, the annual license tax shall not be less than ten dollars per automobile for private use. On other motor vehicles, the legislature shall impose an annual license tax based upon carrying capacity, horsepower, value, weight, or any of these. After satisfying the requirements of Section 9(B) of this Article, and after satisfying pledges respecting that portion of the revenues attributable to the tax rates in effect at the time of such pledges for the payment of obligations for bonds or other evidences of indebtedness and upon the creation of a Transportation Trust Fund within this constitution, the revenues from the license tax on automobiles for private use shall be deposited therein. In the event no such trust fund is established in this constitution, the revenues shall be used exclusively and solely as provided by law for the construction, maintenance, and safety of the federal and state system of roads and bridges, for the parish and municipal road systems, for the operations of the office of state police, Department of Public Safety and Corrections or its successor, and for the payment of any obligation for bonds issued or indebtedness incurred in connection with any of the foregoing, which bonds may be issued as revenue bonds under Article VII, Section 6(C) of this constitution, subject to existing pledges only as to that portion of the tax collections attributable to the rates in effect at the time of such pledges for the payment of any obligations for bonds or other evidences of indebtedness outstanding on the effective date of this Section. No parish or municipality may impose a license fee on motor vehicles.

Amended by Acts 1989, 2nd Ex. Sess., No. 28, $1, approved Oct. 7, 1989, eff. Nov. 7, 1989.

As a Citizen barely competent in the English language, and virtually illiterate in the dialect of the English language colloquially known as legalese. My first action is to find a dictionary. What is a license tax? According to my legal dictionary, a license tax is:

“License Tax. A “license tax is one imposed on the privilege of exercising certain callings, professions, or vocations, that when collected go into the State treasury, and when applied to municipal taxation, is termed license fees. 97 Ky, 401, 30 S.W. 974.

A “license tax” within the meaning of the constitution is not a burden on property, but on that which results from its enjoyment, or the conduct of the business or calling. 97 Ky, 395, 30 S.W. 974. “ Bouvier's Law Dictionary 1914 version updated Pg. 711

This could not be what is meant by this article and section. This definition of a License tax is a privilege of exercising certain callings, professions, or vocations. Could this mean that the State does consider anyone who operates a motor vehicle is a person engaged in the calling, profession, or vocation of transporting people and property for hire? This could not be the meaning any more than the assertion that anyone that owns a sharp tool is a butcher. Also, Article 5 section 5 does specifically state automobiles for private use. Private use does seem to render this argument erroneous. Plus, this definition does clearly state that this tax is not a burden on property.

I then turned to simpler concepts. What is a license? Here my dictionary does state (in part):

“LICENSE(Lat.licere, to permit).

In Governmental Regulation. A license fee is a tax: 41 La. Ann. 665; which a state may impose upon all citizens within its borders; 16 S.C. 47; but it cannot discriminate between residents and non-residents of the state; 57 Md. 251; or a city or county; 182 Pa. 680; 5 Coldw. 554; 52 Cal. 606; 107 Ind. 502. Subject to this restriction, a license tax may be imposed upon particular classes of business men; 49 Tex. 279; 6 Sawy. 295; 12 Nev. 263; 9 Baxt. 518; 97 Ga. 114; but a fixed and definite license fee must be named, which all persons engaged in the business specified shall pay. 117 Ind. 221.” Bouvier's Law Dictionary 1914 version updated Pg. 710

This obviously does not fit the circumstances. I am not engaged in the calling, profession, or vocation of transporting people and property for hire, and there is not a fixed and definite fee named. The tax named in the Constitution' s article is based on the value of the vehicle in question, and is, by its very nature, subjective. Who decides what is the value of a piece of property? This could not be a police power issue.

My dictionary does also state (in part):

“LICENSE(Lat.licere, to permit).

In Real Property Law. A permission. A right, given by some competent authority to do an act, which without such authority would be illegal, or a tort or trespass.

A permission to do some act or series of acts on the land of the licensor, without having any permanent interest in it; it is founded on personal confidence, and not assignable. It may be given in writing or by parol; It may be with or without consideration, but in either case it is usually subject to revocation, though constituting a protection to the party acting under it until the revocation takes place. 24 Mich. 282; 89 id. 315; 3 Wyo. 513.

An authority to do a particular act or series of acts on another's land without possessing any estate therein. 11 Mass. 533; 4 Sandf. Ch. 72; 60 Vt. 702; 1 Washb. R. P. *898.

The written evidence of the grant of such right.” Bouvier's Law Dictionary 1914 version updated Pg. 709

This does support my contention that I must not own my vehicle if it can be taken without due process of law, except that I thought that real property was real estate (land). Evidently this is not the case since La. R.S. 32:25 does state:

“Nothing in this Chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Chapter, or otherwise regulating such use as may seem best to such owner.” La R.S. 32:25

Again, more support of my contention that I do not own my vehicle. Well, if I do not own the vehicle, who does? The definition of license tax does mention a privilege, and I have been told that driving is a privilege, maybe my understanding of the word privilege is different from the legal definition. My dictionary does define privilege (in part) as:

Privilege.

IN Civil Law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Dalloz. Dict. Privilege; Domat, Lois Civ. Liv. 2, t. 1, s. 4, n.1; 43 La. Ann. 1078, 1194.

Privilege is “a real right in a thing (jus in re) springing from the nature of a debt which has been contracted with reference to that thing, and securing the debt by a preference on the proceeds of the thing when it is sold under legal process.” Howe, Stud, Civ. L. 86.

“ A mortgage under the civil law is to all intents and purposes what it is in equity in the English law or the law of Connecticut, a security for a debt given by the agreement of the debtor. But a debtor cannot, by his mere agreement, proprio vigore, confer a privilege.

“ If he contracts a debt, which by its nature has a privilege under the law, then the privilege exists, as a method of securing the debt. It inheres in the thing with reference to which the debt has been contracted, follows it into the hands of third persons (in the absence of some law of recordation providing to the contrary), and as a rule would prime a mortgage of the same property.” Howe, Stud. Civ. L. 87.

“ The one is legal : the other conventional. This former is sometimes called by the civilians a privileged hypothecation; the latter a mere hypothecation.” Howe, Stud. Civ. L. 88.

“ The civil law privilege became, by the adoption of the admiralty courts, the admiralty lien : Howe, Stud. Civ. L. 89: 19 How. 82, 90: 148 U.S. 1.” Bouvier's Law Dictionary 1914 version updated Pg. 981

So, from the definition of a privilege, there must be evidence of a debt. Article VII Section 5 does indeed mention debts, evidences of indebtedness, bonds, and does allow for more. Hence, the State must have an admiralty lien on all automobiles, for private use, and all motor vehicles. It becomes apparent that the State Constitution has, in fact, mortgaged every automobile and motor vehicle in the State and used this property as collateral on a debt. Then, just what have they mortgaged? Since the Louisiana Revised Statutes does not specifically define an automobile, I must use the colloquial definition. My dictionary does define an automobile as

“AUTOMOTIVE. A usu. Four-wheeled automotive vehicle designed for passenger transportation and commonly propelled by an internal-combustion engine using a volatile fuel” Webster's New Collegiate Dictionary pg. 76

and further defines automotive as

“SELF-PROPELLED” Webster's New Collegiate Dictionary pg. 76

So an automobile is a self-propelled vehicle designed for passenger transportation. Then, what is a motor vehicle? The Louisiana Revised statutes does define a motor vehicle as

“ "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle.” La R.S. 32:1(40)

The Louisiana Revised Statutes does define a vehicle as

“ "Vehicle" means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle or a ridden animal shall be a vehicle, and a trailer or semitrailer shall be a separate vehicle.” La R.S. 32:1(92)

The Louisiana Revised Statutes does define a motorized bicycle as

“ "Motorized bicycle" means a pedal bicycle which may be propelled by human power or helper motor, or by both, with a motor rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which produces a maximum design speed of no more than twenty-five miles per hour on a flat surface.” La R.S. 32:1(41)

So, by a reading of the definitions, the State has mortgaged, secured by an admiralty lien, every device by which persons or things may be transported, with the exception of a very specifically defined Motorized bicycle, and carts I must manually push or pull. If the State has a mortgage on all of these items, I can not wholly own any of them. The best I can do is own an equitable interest in any device by which persons or things may be transported, with the exception of a specifically defined Motorized bicycle, if such a device exists, or a push cart.

But, wait, if there is an admiralty lien on movable property, there should be some record of such a lien, as there is in immovable property (land and buildings)? Constitution Ancillary Article 19 Section 19 does state (in part):

“Privileges on movable property shall exist without registration of same, except in such cases as may be prescribed by law.” Louisiana Constitution Ancillary Article XIX Section 19.

So, the State, under the guise of a simple use tax, has indeed mortgaged every device by which I may exercise my right to travel, as a matter of right, and has claimed an admiralty lien on every such device and, in construction and effect, removed my right to travel as a matter of right. This does clarify the meaning of Louisiana Revised Statute

32:25 which does state:

“Nothing in this Chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Chapter, or otherwise regulating such use as may seem best to such owner.” La R.S. 32:25

Obviously, the owner that is referred to in this statute is the State. This does explain how the State could require a license to drive their vehicle, how they could, summarily, rip the vehicle out from under me leaving me stranded on the side of the road, could demand that I be compelled into contract with an insurance company, could demand onerous fees for the recovery of the vehicle without due process of law. This also explains why, in so many years of education, I have never been trained in the dialect of the English language known colloquially as legalese, or the precision use of language, which law is. I have only been trained in construction and the artistic use of language. This FRAUD could never have been perpetrated on the population of the State, save by their ignorance. Maybe the legal profession does deserve its reputation. These legislators and officers of the court, sworn to uphold the constitution of the United States, and the Constitution of Louisiana, have done everything in their power to strip me, and every other citizen of the State of my most basic rights of Life, Liberty, Property, and Contract, under color of law.

FRAUD is a strong word. If I am claiming FRAUD it would be wise to find out what the legal definition of FRAUD is. FRAUD is defined (in part) as:

“FRAUD. An endeavor to alter rights, by deception touching motives, or by circumvention not touching motives Bigelow, Fraud 5.

Actual or positive fraud includes cases of the intentional and successful employment of any cunning, deception, or artifice, used to circumvent, cheat, or deceive another. 1 Story, Eq. Jur. § 186.

Legal or constructive fraud includes such contracts or acts as, though not originating in any actual evil design or contrivance to perpetrate a fraud, yet by their tendency to deceive or mislead others, or violate private or public confidence, are prohibited by law.

What constitutes fraud. 1. It must be such an appropriation as is not permitted by law. 2. It must be with knowledge that the property is another's, and with design to deprive him of it. 3. It is not in itself a crime, for want of a criminal intent; though it may become such a case provided by law. Livermore, Penal Law 739; See Poll. Contr. (6^th ed.) 534, et seq.

Fraud, in its ordinary application to cases of contracts, includes nay trick or artifice employed by one person to induce another to fall into or to detain him in an error, so that he may make an agreement contrary to his interest; and it may consist in misrepresenting or concealing material facts, and may be effected by words or by actions. See 143 U.S. 79.

Where a party intentionally or by design misrepresents a material fact or produces a false impression, in order to mislead another, or to obtain an undue advantage of him, there is a positive fraud in the fullest sense of the term; 85 Tenn. 139. It must relate to facts then existing or which had previously existed; 11 Colo. 15; 127 Ill. 187. If a person take upon himself to state as true that which he is wholly ignorant, he will, if it be false, incur the same legal responsibility as if he had made the statements with knowledge of its falsity; 125 Pa. 52; 147 Mass. 403; 71 Wis. 196; 73 id. 39; 75 Mich. 188; 78 Iowa 749.” Bouvier's Law Dictionary 1914 version updated Pg. 446

One hardly need go beyond the title of the Louisiana State Constitution Part I, Article VII, Section 5 “Motor Vehicle License Tax” and the definition of a License Tax to show fraud.

“License Tax. A “license tax is one imposed on the privilege of exercising certain callings, professions, or vocations, that when collected go into the State treasury, and when applied to municipal taxation, is termed license fees. 97 Ky, 401, 30 S.W. 974.

A “license tax” within the meaning of the constitution is not a burden on property, but on that which results from its enjoyment, or the conduct of the business or calling. 97 Ky, 395, 30 S.W. 974.” Bouvier's Law Dictionary 1914 version updated Pg. 711 [emphasis added]

However, as you can see from the foregoing, I have had to trace through the Constitution, the Constitution ancillary, the Revised Statutes, and a law dictionary to decipher this article. Of course, how could they have slipped something like this through if they had called this section, “An article to mortgage every device by which persons or things may be transported upon a public highway or bridge thus denying you the right to own such property and denying you the right to travel and subjecting the citizens of this State to the abuse of the Department of Safety and Corrections, and forcing you into a contract with insurance companies for what should have been your right to travel, and your right to use the public highways under a penalty that is little better than house arrest, which shall be termed walking distance arrest.” Fraud does seem to be a very appropriate word.

If this sounds hard to believe, let me remind you of the admonition of the Legislature which states:

“§4.  Unambiguous wording not to be disregarded

When the wording of a Section is clear and free of ambiguity, the letter of it shall not be disregarded under the pretext of pursuing its spirit.” La R.S. 1:4

The wording is clear and unambiguous only if you start with the assumption that the State does own your vehicle, and spend a week trying to find how it obtained ownership. As, to my belief, was the only way my vehicle could have been removed from under me without due process of law. Any other contention that this article is anything but a fraud on the people of this state is a violation of any pretext of upholding the Constitution of the United States or the rights of the people of this State.

Since the State of Louisiana does claim an admiralty lien on these items, just what debt does the lien secure? Article VII Section 5 of the Louisiana State Constitution does state:

“Section 5. The legislature shall impose an annual license tax of not more than one dollar per each one thousand dollars of actual value on automobiles for private use based on the actual value of the vehicle, as provided by law. However, the annual license tax shall not be less than ten dollars per automobile for private use. On other motor vehicles, the legislature shall impose an annual license tax based upon carrying capacity, horsepower, value, weight, or any of these. After satisfying the requirements of Section 9(B) of this Article, and after satisfying pledges respecting that portion of the revenues attributable to the tax rates in effect at the time of such pledges for the payment of obligations for bonds or other evidences of indebtedness and upon the creation of a Transportation Trust Fund within this constitution, the revenues from the license tax on automobiles for private use shall be deposited therein. In the event no such trust fund is established in this constitution, the revenues shall be used exclusively and solely as provided by law for the construction, maintenance, and safety of the federal and state system of roads and bridges, for the parish and municipal road systems, for the operations of the office of state police, Department of Public Safety and Corrections or its successor, and for the payment of any obligation for bonds issued or indebtedness incurred in connection with any of the foregoing, which bonds may be issued as revenue bonds under Article VII, Section 6(C) of this constitution, subject to existing pledges only as to that portion of the tax collections attributable to the rates in effect at the time of such pledges for the payment of any obligations for bonds or other evidences of indebtedness outstanding on the effective date of this Section.” Louisiana State Constitution Article VII Section 5.

Now let us follow the money raised from this lien. First note that the money to be deposited in the different funds is only the money from the lien on automobiles for private use. I can find no mention of where the money from the lien on all other motor vehicles goes. Section 5 states that the money from this tax does first go to satisfy the requirements of Section 9(B). Section 9(B) does state (in part):

“9(B) Bond Security and Redemption Fund. Subject to contractual obligations existing on the effective date of this constitution, all state money deposited in the state treasury shall be credited to a special fund designated as the Bond Security and Redemption Fund, except money received as the result of grants or donations or other forms of assistance when the terms and conditions thereof or of agreements pertaining thereto require otherwise.” Louisiana State Constitution Article VII Section 9(B)

Section 9(B) does exclude money received as the results of grants. The definition of a license in real property law does state that it is “The written evidence of the grant of such right.” (SITE LICENSE DEF). So, in order to satisfy the requirements of Section 9(B) none of this money shall be placed in the Bond Security and Redemption Fund.

Section 5 states that the money from this tax “upon the creation of a Transportation Trust Fund within this constitution, the revenues from the license tax on automobiles for private use shall be deposited therein.” The Transportation Trust Fund was indeed created in Article VII, PART IV, section 27 and it does state (in part):

Section 27.(A)

Creation of fund. Effective January 1, 1990, there shall be established in the state treasury as a special permanent trust fund the Transportation Trust Fund ("the trust fund") in which shall be deposited the "excess revenues" as defined

herein which are a portion of the avails received in each year from all taxes levied on gasoline and motor fuels and on special fuels (said avails being referred to as the "revenues") as provided herein. After satisfying pledges

respecting that portion of the revenues attributable to the tax rates in effect at the time of such pledges for the payment of obligations for bonds or other evidences of indebtedness on the effective date of this Section, the treasurer shall allocate such portion of the revenues received in each year as necessary to pay all principal, interest, premium, if any, and other obligations incident

to the issuance, security, and payment in respect of bonds as authorized in Paragraph (C) hereof. Thereafter, the portion of the revenues remaining shall be deposited in the Bond Security and Redemption Fund in the state treasury. Article VII, PART IV, section 27(A)[emphasis added]

Money will only go into this Transportation Trust fund from the license tax (Admiralty lien) on automobiles for private use only, and only after paying the other obligations incident to the issuance, security, and payment in respect of bonds. Obviously the security for those bonds is the admiralty lien on automobiles and motor vehicles.

Considering the foregoing there can be no doubt that Article VII Section 5 of the Louisiana State Constitution entitled “Motor Vehicle License Tax” is unconstitutional and against the various articles of the Federal and State Constitutions as enumerated in the challenge to the jurisdiction of the court.