** *From:* Neutral * * *Sent:* Thursday, June 25, 2009 11:52 PM *To:* Undisclosed-Recipient:; *Subject:* Animal Cops ???
*Here comes **AmericaCorps *or* Community* *Organizations* *International*(by any other name) under color or guise of a *public / private partnership* between the the Humane Society and the Department of Agriculture: FYI - This House Resolution can also be found on Thomas at http://thomas.loc.gov/cgi-bin/bdquery/z?d111:H.R.675: and seems to coincide with Pennsylvania General Assembly's House Bill No. 2525 http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2007&sessInd=0&billBody=H&billTyp=B&billNbr=2525&pn=4524 in that it gives Powers to corporately appointed police officers. See Pennsylvania Senate Resolution http://www.largeanimalprotectionsociety.org/index2.php?option=com_content&do_pdf=1&id=45 PA *Humane Society Police Officers* PA *Humane Society Police Officer Registry* *DETECTIVES AND PRIVATE POLICE* (22 PA.C.S.) - HUMANE SOCIETY POLICE OFFICERS, POWERS AND DUTIES OF DEPARTMENT OF AGRICULTURE AND ESTABLISHMENT OF HUMANE SOCIETY POLICE OFFICER ADVISORY BOARD Act of Nov. 30, 2004, P.L. 1603, No. 205 Session of 2004 No. 2004-205 SB 871 AN ACT Amending Title 22 (Detectives and Private Police) of the Pennsylvania Consolidated Statutes, further providing for appointment by *nonprofit corporations;* providing for humane society police officers' appointment, qualifications, authority and discipline; conferring powers and duties on the *Department of Agriculture*; establishing the Humane Society Police Officer Advisory Board; and making a related repeal. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 501(a) and (c) of Title 22 of the Pennsylvania Consolidated Statutes are amended to read: § 501. Appointment by nonprofit corporations. (a) Appointment authorized.--Any nonprofit corporation, as defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations) maintaining a cemetery or any buildings or grounds open to the public, or organized for the prevention of cruelty to children or aged persons [or animals], or one or more of such purposes, may apply to the court of common pleas of the county of the registered office of the corporation for the appointment of such persons as the corporation may designate to act as policemen for the corporation. The court, upon such application, may by order appoint such persons, or as many of them as it may deem proper and necessary, to be such policemen. * * * LAPS of PA http://www.largeanimalprotectionsociety.org Powered by Joomla! Generated: 25 June, 2009, 09:50 (c) Powers.--Such policemen, so appointed, shall severally possess and exercise all the powers of a police officer in this Commonwealth, in and upon, and in the immediate and adjacent vicinity of, the property of the corporation. Policemen so appointed for a corporation organized for the prevention of cruelty to children or aged persons [or animals], or one or more of such purposes, shall severally possess and exercise all the powers of a police officer in any county in which they may be directed by the corporation to act, and are hereby authorized to arrest persons for the commission of any offense of cruelty to children or aged persons [or animals]. The keepers of jails and other places of detention in any county of this Commonwealth shall receive all persons arrested by such policemen for purposes of detention until they are dealt with according to law. Every policeman appointed under this section, when on duty, shall wear a metallic shield with the words "special officer" and the name of the corporation for which appointed inscribed thereon. * * * *N.B.* *Declaration of Independence: *He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance .* Wickard v. Filburn, * 317 U.S. 111, 131, 63 S.Ct. 82, 87 L.Ed.2d 122 (1942) (It is hardly lack of due process for the Government to regulate that which it subsidizes.); http://laws.findlaw.com/us/317/111.html *Del Campo v. American Corrective Counseling,** *No. 07-15048 (9th Cir. 02/06/2008) (The existence of sovereign immunity is a question of law reviewed de novo." *DMJM*, 355 F.3d at 1144. "Under the law of this circuit, an entity invoking Eleventh Amendment immunity bears the burden of asserting and proving those matters necessary to establish its defense." *In re Lazar*, 237 F.3d at 974 (internal quotation omitted). ... Extending state sovereign immunity to private entities is, as we now make clear, not supported by our law, by relevant Supreme Court cases, or by the cases of the other circuits to have considered similar questions. .... *The law makes clear that state sovereign immunity does not extend to private entities*.); http://caselaw.lp.findlaw.com/data2/circs/9th/0715048p.pdf Accord: ** Bank of United States v. Planters Bank of Georgia, 22 U.S. 904, 907-908, 6 L.Ed. 244 (1824) (It is, we think, a sound principle, that when a government becomes a partner in any traditional company, it devests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen. Instead of communicating to the company its privileges and its prerogatives, it descends to a level with those with whom it associates itself, and takes the character which belongs to its associates, and to the business which is to be transacted. Thus, many states of this Union who have an interest in banks, are not suable even in their own courts; yet they never exempt the corporation from being sued. The state of Georgia, by giving to the bank the capacity to sue and be sued, voluntarily strips itself of its sovereign character, so far as respects the transaction of the bank, and waives all [22 U.S. 904, 908] the privileges of that character. As a member of a corporation, a government never exercises its sovereignty. It acts merely as a corporator, and exercises no other power in the management of the affairs of the corporation, than are expressly given by the incorporating act. Suits brought by or against it are not understood to be brought by or against the United States. The government, by becoming a corporator, lays down its sovereignty, so far as respects the transaction of the corporation, and exercises no power or privilege which is not derived from the charter.); http://www.justia.us/us/22/904/case.html * Federal Housing Administration v. Burr, * 309 U.S. 242, 245 (1940) (In the absence of such showing, it must be presumed that when Congress launched a governmental agency into the commercial world and endowed it with authority to 'sue or be sued', that agency is not less amenable to judicial process than a private enterprise under like circumstances would be.); http://laws.findlaw.com/us/309/242.html * Federal Crop Insurance Corp., v. Merrill, * 332 U.S. 380, 384, 68 S.Ct. 1 (1947) aff'd. *Brown v. Richardson,* 395 F.Supp. 185, 190 (Penn. 1975); *Augusta Aviation Inc. v. U.S.,* 671 F.2d 445 446-449 (11th Cir. 1982) (Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority. The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rule-making power. And this is so even though, as here, the agent himself may have been unaware of the limitations upon his authority. See, e.g., Utah Power & Light Co. v. United States, 243 U.S. 389. 409, 391; United States v. Stewart, 311 U.S. 60, 70, 108, and see, generally, In re Floyd Acceptances, 7 Wall. 666); http://laws.findlaw.com/us/332/380.html *American Communications Association v. Douds,* 339 U.S. 382, 442-443 (1950) (It is not the function of our Government to keep the citizen from falling into error; it is the function of the [339 U.S. 382, 443] citizen to keep the Government from falling into error.); http://laws.findlaw.com/us/339/382.html * Travelers Indem. Co. v. First Nat. State Bank of N.J., * 328 F.Supp. 208 (1971) (Where governmental agency is operating in the commercial field, that agency should not be less amenable to ordinary rules of law than would a private enterprise under like circumstances.); *Brown v. Richardson,* 395 F.Supp. 185, 190 (Penn. 1975) (By operation of law, parties dealing with the government are charged with knowledge of, and are bound by, statutes and lawfully promulgated regulations [Federal Crop] and reliance upon incorrect information received from a government agent or employee can not alter the terms of a statute regardless of the economic hardship which may result.); *Lebron v. National Railroad Passengers Corp.,** *513 U.S. 374 (1995) (Where, as here, the Government creates a corporation by special law, for the furtherance of governmental objectives, and retains for itself permanent authority to appoint a majority of that corporation's directors, the corporation is part of the Government for purposes of the First Amendment. Pp. 3-26.); http://laws.findlaw.com/us/000/u10315.html * Kennedy C. Scott v. Federal Reserve Bank, ** *No. 042357P (8th Cir. 04/28/2005) (The Ninth Circuit outlined six factors: 1) the extent to which the entity performs a governmental function; 2) the scope of the government’s involvement; 3) whether the entity’s operations are government financed; 4) whether persons other than the government have a proprietary interest in the entity; 5) whether the entity is referred to as an agency in statutes; and 6) whether the entity is treated as a branch of the government for purposes of other statutes. In Re Hoag Ranches, 846 F.2d at 1227-28. These factors, when applied to the instant case, demonstrate that the Bank is not a federal agency.); http://caselaw.lp.findlaw.com/data2/circs/8th/042357p.pdf ------------------------------ No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.375 / Virus Database: 270.12.92/2203 - Release Date: 06/26/09 05:53:00 -- "no cause is lost if there is but one fool to fight for it" ~Will Turner~ ~Pirate's of the Caribbean @ World's End~ www.moliberty.org http://417-political-pundit.blogspot.com The power to tax involves the power to destroy. ~Justice John Marshall~ Just because you do not take an interest in politics doesn't mean politics won't take an interest in you! -Pericles (430 B.C.) A legislative act contrary to the Constitution is not law. ~Justice John Marshall~ http://www.radiofreeliberty.com --~--~---------~--~----~------------~-------~--~----~ This is a Free Speech forum. 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