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Friday, July 06, 2007

 

LACKAWANNA COUNTY: A 70 YEAR PATTERN OF JUDICIAL ABUSE - UPDATED 10/11/08



Any man or woman of average intelligence knows - or should know - that it is the members of the two major political parties that legislate the laws upon which the courts must act. The laws that legislators pass are crafted to duly convict of crime any American who chooses not to volunteer (i.e., re-venue) his or her property and labor into the feudalistic jurisdiction of an oligarchy of plutocrats. Laws seem to be crafted to put (and keep) self-responsible Americans in a condition of "voluntary servitude". And, statutory criminal offenses - as opposed to commonlaw offenses such as damage and injury - has increased exponentially since 1913 when the Federal Reserve Act, and the 16th and 17th Amendments to the United States Constitution were reported to be passed.

To counter the lawful claims against the wrongful acts of defacto government officials, judicial and legal abuses in more insulated venues such as Lackawanna County have proliferated to a point where Legal Abuse is the norm rather than the exception. But, this is not new. The tactics that were in use seventy (70) years ago are still being employed today.

The following is one man's story.

This is about a Simpson, Pennsylvania businessman of Slovak descent, John B. Drob. Drob had voluntarily entered into American Citizenship because he believed America to be a nation whose government was defined by uncomplicated constitutional law that instituted its governments to provide for the protection and defense of his unalienable Right to Life, Liberty and property. The document, pictured to the left, is a page from a pre-1913 pamphlet from which Drob learned about America's "supreme law of the land". The law upon which Drob relied in anticipation that "judges in every state shall be bound thereby" as they thoughtfully adjudicate justiciable controversies.

In April, most likely the week ending on Saturday, the 10th, 1937 Drob turned to the Lackawanna County court to redress a grievance. (It was reported by his family and friends that Drob had been severely beaten about the head, neck and shoulders by State Troopers, agents of the Department of Revenue, when they came to the businesses on his homestead to confiscate any gold that might be found in his possession. The confiscation was legislated under Democrat Franklin Delano Roosevelt's administration as part of his "New Deal" for the plutocratic oligarchy who put him and his congress in office.) Drob who had commitments that included his wife, five young children, the Mozart Band, grocery store, saloon, boarding house, and gas station, had no assessed fines, nevertheless, upon giving his plea to the court, he was sentenced to 3 months in jail without bail.

Not many days after his sentencing, a The Scranton Times, (April 20, 1937, page 3, second column), article "COMMISSION TO TEST SANITY OF PRISONER AT COUNTY JAIL" read:
"Upon petition of Warden Gomer C. Davis, of the county jail, court today appointed a commission to inquire into the sanity of John Drop, serving a three-month sentence for violation of the liquor laws. The commission is made up of Drs. Francis Reddington and Charles LaBella and Attorney Pearson S. Judd."

(Note the spin; "Drop" should be "Drob"; and, "violation of the liquor laws" is questionable.)

While Drob was still in the Lackawanna County jail, a jailer, concerned for his safety, reported to his wife that the beatings continued. Drob was examined to see if he was insane and, consistent with Justice Douglas' landmark decision in Schlagenhauf v. Holder (379 U.S. 104 (1964)), "a doctor for a fee" found Drob to be so.

From the Lackawanna County jail, Drob was transported to Hillside Home in Clarks Summit, Pennsylvania where he resided until his death at age 58 on August 16, 1950.

Further evidence is available to show that Drob was a stockholder in the Simpson State Bank (incorporated on December 10, 1924 under the provisions of the Act of May 13, 1876, P.L. 161). He believed fervently in an "American dream" that was based on hard work, truth and integrity.

Instead of being rewarded for his entrepreneurial accomplishments in the dejure "free enterprise" system that made America great, Drob and his family became the prime target of criminal activity on the part of an organized and extensive group of people whose business-as-usual pattern of racketeering appeared to include hirelings at every level of society, including the judiciary and elected Pennsylvania government officials.

Ex-post facto liability for "several amendments and supplements . . . as well as the Banking Code of 1923 . . . and . . . the Department of Banking Code of 1933" was levied by LUTHER A HARR, Secretary of Banking of the Commonwealth of Pennsylvania, Receiver of Simpson State Bank, Simpson, Pa. On February 21, 1936, assessment against Drob (and other community minded stockholders) were to be paid to Jerome P. Casey, then Deputy Receiver, at his office, 434 Lackawanna Avenue, Scranton, Pennsylvania. Counsel for Luther A. Harr was; Edward J. Kelly, Frank M. Walsh, and Ellis Berger.


Additionally, Oil stocks were reported to have "disappeared" from Drob's safety deposit boxes at the Miners and Mechanics Bank in Carbondale at its closure in 1931. The controlling shareholders of Miners and Mechanics Bank were reported to be James Paul (64%), Paul's brother George H. Paul, John H. Reese (10%), the Hendricks Estate, (represented by L. A. Bassett, President, and W. T. Colville), and other directors and Carbondale "pioneer families". Other principals of that bank are listed in newspapers in local ads from that era and include Vice President, W. W. Watt, Claude Olver, Frazier W. Lathrope, J. J. O'Neill, R. W. Powell, J. H. Reese, W. G. Scurry, and J. J. Simpson. In fact, on the upper portion of page 3 of the aforementioned April 20, 1937 Scranton Times, there are images of members of the District Attorney's Office Bowling League who were honored at the league's first banquet in the Elks' Club. Those pictured were; James Simon Frutchey, Attorney "Jim" Powell, Joseph Del Vecchio, Joe F. Gilroy, District Attorney, M. J. Eagen, "Joe" Mitchell, "Art" (Jitty) McCann, Justus Englehardt, Sheriff "Ed" J. Coleman, Harry Roth ("Ajax" of the "D.A." office team), Donald McAndrew, Wm. V. (Bill) Murphy, Peckville Station State Police, Billy Barton, Jimmy Kenney, Ed Harris, Andy Burke, "Big Tom" Flannelly, Thomas (Finners) Quinlan, Joe (Splits Prize) Connors, John Kent Orator, Dave (Wimpy) Jones, Bill Newcomb, and Squire, J. M. Munley "Big Noise on D.A.'s Team".

(Click on "Munley" to link to the August 21, 2008 Pa. Courts Pursuing Conciliation for Foreclosures by Amaris Elliott-Engel at Pennsylvania Law Weekly to see how the legislative Casey and judicial Munley liaisons continue to promulgate and adjudicate protections and defenses for owners of global banks and, now, the controversial NGO, "ACORN".)

John B. Drob was my grandfather, and he, like many others in this blessed nation then and now, believed that "All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay . . . ". Like my grandfather, John B. Drob, I have learned that, in the courts of Lackawanna County, "remedy by due course of law, and right and justice administered without sale, denial or delay" is not an acceptable method for resolving a controversy brought before it. Granted in 1937 the Myers Briggs had not been developed and little was known about TBI (traumatic brain injury), but that does not excuse blatant judicial contempt for the supreme law of the land, Warden Davis' failure to supervise his staff, and the commissions' lack of comity to one not their own and willingness to place blame on the victim rather than the perpetrators. The legal 'circling of the wagons' to protect, rather than correct, wrongful acts has led to a pathological promulgation of laws and legal activity that is now (in my opinion) accurately identified as "legal abuse". And, get this!

According to the Pennsylvania Office of Administration, Agency Open Records Officer, the Clerk of the Courts for Lackawanna County is not even in Pennsylvania!

So;

What is the remedy for lack of a remedy?

Who prosecutes the prosecutor?

Who is it that a judge fears when he (or she) adjudicates a controversy about "persons, houses, papers, and effects, against unreasonable searches and seizures"?

To whom do American judges pledge their allegiance?

Where is our reparation?


As an adjunct to this post, while I was researching The Scranton Times archives for April 19, 1937, page 16 I found the following article:
FEDERAL RESERVE HIT IN TALK BY LAMNECK


Washington, April 19 - Representative Lamneck (D Ohio) told the house today the federal reserve system is committing legally "the greatest burglary in history."

Critizing the system in the midst of a plea that the budget be balanced to avert "calamity," the Ohioan said that for a $300 investment a bank could get a $30,000 return.

"If a burglar had a license to steal, he said, "he would at least have to carry away his loot. The federal reserve system has its loot brought to it."
Lamneck said this was a procedure for a "steal" authorized by congress.

The treasury asks bids for several million dollars worth of bonds. A banker says he will take a million dollars worth and credits the treasury on his books with a million dollars.

Then he deposits the bonds with a federal reserve agent as collateral security for a million dollars in federal reserve notes and agrees to pay the cost of printing the currency - about $300. He now has a million dollars in currency to balance the million dollar deposit he credited to the treasury.

He still owns the bonds and can collect the interest, about $20,000 a year on an investment of $300.





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