this is actually from a person who sends me quite a bit of stuff from various groups, she is like an info clearing house.
On Fri, Jul 3, 2009 at 11:52 AM, CathyM <catr...@juno.com> wrote: > Tom > > Where did you find this at? It has not hit any of the animal legislation > lists that I am on and that is quite a few. > > > > *CathyM* > > *Catren's Shar Pei* > > *Catren's Leather Show Accessories* > > Kill "The Killing Fields" Bills of the HSUS > > www.americanssupportinganimalownership.com > > * * > > > > *From:* missourilibertycoalition@googlegroups.com [mailto: > missourilibertycoalit...@googlegroups.com] *On Behalf Of *Tom Martz > *Sent:* Friday, July 03, 2009 11:46 AM > *To:* missourilibertycoalition@googlegroups.com > *Subject:* Fwd: [Fwd: Fw: Animal Cops ???] > > > > > > > > *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 > > > > > > > > > No virus found in this outgoing message. > Checked by AVG - www.avg.com > Version: 8.5.375 / Virus Database: 270.13.3/2216 - Release Date: 07/03/09 > 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.) 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