“STATE” defined in CALIFORNIA CODES: EJUSDEM GENERIS. Of the same kind. Bouviers law Dictionary, 1856 Rule of ejusdem generis, which holds that where general words follow enumeration of particular classes of persons or things, general words will be construed as applicable only to persons or things with same general nature or class as those enumerated, applies whether specific words follow general words in a statute or vise versa; in either event, general term or category is restricted to those things that are similar to those which are enumerated specifically. People ex Rel. San Francisco Bay Conservation and Development Comn v. Smith, 31 Cal.Rptr.2d. 488 (Cal.App. 1st 1994) Ejusdem generis provides that where general words follow specific words in statutory enumeration, general words are construed to comprise only objects similar in nature to those enumerated by preceding specific words; likewise, where specific words follow general words in statutory enumeration, doctrine is equally applicable, and restricts application of general term to objects similar to specific words. Carriere v. Cominco Alaska, Inc., 823 F. Supp. 680. (D. Alaska 1993) Principle of ejusdem generis provides that general statutory term should be understood in light of specific terms that surround it. U.S. v. Parker, 30 F.3d. 542 (C.A. 5th Va. 1994) Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another. Bouvier’s Law Dictionary, 1856 FISH AND GAME CODE 83. State means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. CALIFORNIA COMMERCIAL CODE SECTION 9101- 9110 (77) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States SECTION 9301- 9342 9307. (h) The United States is located in the District of Columbia. SECTION 6101-6111 (14) United States includes its territories and possessions and the Commonwealth of Puerto Rico 6017. “In this State” or “in the State” means within the exterior [outside] limits of the [Sovereign] state of California and includes [only] all territory within these limits owned by or ceded to the United States 17018. State includes the District of Columbia, and the possessions of the United States. [which don’t include the 50 sovereign states but do include federal areas within those states]] CALIFORNIA PENAL CODE SECTION 2-24 19. The word state, when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words United States may include the district and territories. UNIFORM COMMERCIAL CODE (UCC): “UCC 9-307 (h). Location of United States. The United States is located in the District of Columbia.” UCC ARTICLE 9 - SECURED TRANSACTIONS Part 1. General Provisions [Subpart 1. Short Title, Definitions, and General Concepts] § 9-101. SHORT TITLE. This article may be cited as Uniform Commercial Code-Secured Transactions. § 9-102. DEFINITIONS AND INDEX OF DEFINITIONS. (a) [Article 9 definitions.] (76) State means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. Title 4 U.S. Code § 110 - Same; definitions As used in sections 105–109 of this title— (a) The term “person” shall have the meaning assigned to it in section 3797 of title 26. . (d) The term “State” includes any Territory or possession of the United States. (e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES CHAPTER 4 - THE STATES Sec. 110. Same; definitions (d) The term State includes any Territory or possession of the United States. Title 8 U.S. Code TITLE 8>CHAPTER 12>SUBCHAPTER 1>Sec.1101 [Aliens and Nationality] Sec 1101 – Definitions (a)(38) The term “United States”, except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam and the Virgin Islands of the United States.(emphasis added) 8 U.S.C. Sec. 1101(a)(36): State [Aliens and Nationality] The term “State” includes the District of Columbia, Puerto Rico, Guam and the Virgin Islands of the United States TITLE 8-ALIENS AND NATIONALITY CHAPTER 1- IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE PART 215-CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES Section 215.1: Definitions (f) The term continental United States means the District of Columbia and the several States, U.S. Code› Title 26 › Subtitle F › Chapter 79 › § 7701 26 U.S. Code § 7701 – Definitions (9) United States The term “United States” when used in a geographical sense includes only the States and the District of Columbia. (10) State The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title. There has been created a fictional Federal State within a state. See Howard v. Sinking Fund of Louisville, 344 U.S. 624, 73 S.Ct. 465, 476, 97 L.Ed. 617 (1953); Schwartz v. OHara TP. School Dist., 100 A.2d. 621, 625, 375 Pa. 440. (Compare also 31 C.F.R. Parts 51.2 and 52.2, which also identify a fictional State within a state.) This fictional State is identified by the use of two-letter abbreviations like CA, AZ and TX, as distinguished from the authorized abbreviations like Calif., Ariz. and Tex., etc. This fictional State also uses ZIP Codes which are within the municipal, exclusive legislative jurisdiction of Congress. This entire scheme was accomplished by passage of the Buck Act, (4 U.S.C.S. Secs. 105-113), to implement the application of the Public Salary Tax Act of 1939 to workers within the private sector. This subjects all private sector workers (who have a Social Security number) to all state and federal laws within this State, a fictional Federal area overlaying the land in California and in all other states in the Union. In California, this is established by California Form 590, Revenue and Taxation. All you have to do is to state that you live in California. This establishes that you do not live in a Federal area and that you are exempt from the Public Salary Tax Act of 1939 and also from the California Income Tax for residents who live in this State. The following definition is used throughout the several states in the application of their municipal laws which require some form of contract for proper application. This definition is also included in all the codes of California, Nevada, Arizona, Utah and New York: In this State or in the State means within the exterior limits of the State ... and includes all territories within such limits owned or ceded to the United States of America. This definition concurs with the Buck Act (supra) which states: 110(d) The term State includes any Territory or possession of the United States. 110(e) The term Federal area means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. You must live on land in one of the states in the Union of states, not in any Federal State or Federal area, nor can you be involved in any activity that would make you subject to federal laws. You cannot have a valid Social Security Number, a resident drivers license, or a motor vehicle registered in your name. You cannot have a federal bank account, a Federal Register Account Number relating to Individual persons [SSN], (see Executive Order Number 9397, November 1943), or any other known contract implied in fact that would place you within any Federal area and thus within the territorial jurisdiction of the municipal laws of Congress. Remember, all Acts of Congress are territorial in nature and only apply within the territorial jurisdiction of Congress. (See American Banana Co. v. United Fruit Co., 213 U.S. 347, 356-357 (1909); U.S. v. Spelar, 338 U.S. 217, 222, 94 L.Ed. 3, 70 S.Ct. 10 (1949); New York Central R.R. Co. v. Chisholm, 268 U.S. 29, 31-32, 69 L.Ed. 828, 45 S.Ct. 402 (1925).)
Posted on: Mon, 08 Dec 2014 00:24:33 +0000
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