Official Bond Law Page

 
Chapter 29 of 1943 (Source Law - Enacted into Law)
§ 11-2-1/10 ACLA 1949 (Annotated Compiled Law of Alaska 1949 only)
AS 39.15 et seq - 2000 (Codified Law from the ACLA's of 1949)
Article XV Sec. 1 of the Constitution of the State of Alaska
Administrative Rule 34 of Alaska Rules of Court
Affidavit and Notice of Lack of Official Bond - April 14, 2000
Letter from Direct of Risk Management - April 14, 2000
Employee Dishonesty Surety

In Alaska the source law is from the Enacted Laws of Oregon of 1862 usually, with the compiled laws just merely copied and copied and copied. The laws of Oregon of the 1866 book go to 1892 book of Hill's Annotated Laws to 1900 book of Carter's Code to the 1913 Compiled Laws of Alaska to the 1933 Compiled Law of Alaska to the 1949 Compiled Laws of Alaska to the Codified Alaska Statutes of today. You must go backwards to the source law to see what it really says. Some of the laws stop in the territorial laws enacted by the Legislature of the Territory of Alaska from 1913 to 1955. There are over 285 source law quotes to the ACLA of 1949. The short story is that the District of Alaska and the Territory of Alaska are alive and well today. Another story for another time.

IMPORTANT! All CODE or COMPILED LAWS must have a SOURCE of ENACTED law. ALWAYS check out the source of the CODE, because in the CODE; they obsolete CODE, repeal CODE, amend to read (usually this is means to hide the true ENACTED law), don';t print all of the original session law, or have the REVISOR reword the CODE. You will notice that in AS 39.15 et seq - 2000 (Codified Law from the ACLA's of 1949) there is a source of the law at the bottom being the following; § 11-2-1/10 ACLA 1949 (Annotated Compiled Law of Alaska 1949 only) which has the the bottom of it the source law; being Chapter 29 of 1943 (Source Law - Enacted into Law). The source ENACTED into law is the only true law. The CODE and COMPILED LAWS are only prima facia evidence law - at first sight, on the first appearance; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary. Herbert v. Whims, 68 Ohio App. 39, 38 N.E.2d 596, 599 Blacks 4th Edition.

ACLA (Annotated Compiled Law of Alaska) is a compilation only and not positive law, and, therefore, it is necessary to go to the source of the statute. Ashley v. City of Anchorage, 95 F. Supp.189 (1951)

On April 14, 2000 all of the following persons listed on the Affidavit and Notice of Lack of Official Bonds were personally served or it was sent by first class U.S. Mail for all judges, justices and major clerks of the 3rd Judicial District of the Alaska Court System that covers Anchorage, Valdez, Kodiak and Kenai. This is the Supreme Court, Superior Court, and District Courts.

The importance of this issue is the fact that the Official Bonds do not exist that arise under Chapter 29 of 1943 the Legislature of the Territory of Alaska, in the compiled Laws of 1949 in §11-2-1 through § 11-2-10 ACLA, and are still in effect arising under the Article XV Section 1 of the Constitution of the State of Alaska and codified in Alaska Statutes 39.15 et seq. The transition from the Territory of Alaska to the State of Alaska with the complete Article XV to have fallen away has never happened as the transition has never happened. The laws of the Territory of Alaska can never be repealed as the territorial body that created them is no longer in existance - another scam in the Constitution of the State of Alaska.

Pursuant to the Alaska Rules of Court in the Administrative Rules in Rule 34, the judges, justices and clerks are covered by this blanket position bond covering all other state employees. The bond from the State of Alaska is nothing more than an Employee Dishonesty Bond for the sole benefit of the State of Alaska.

I have in my possession a letter prepared by the Department of Law from Ted Lehrbach, Risk Manager in behalf of J. Brad Thompson, Director dated April 12, 2000 and a copy of the Employee Dishonesty Surety of the State of Alaska. This letter directly links the Official Bond mandated by the territorial law to the Employee Dishonesty surety.

Therefore as the Official Bond = the Employee Dishonesty Bond; and all of the judges, justices in Administrative Rule 34 = the Employee Dishonesty Bond; therefore the Official Bond = Administrative Rule 34 coverage.

One of the most important issues at stake here is this is more proof of the fact that the judges, justices and clerks are just mere employees and not public Officers. And as mere employees, they are covered by a policy that inures only to the State of Alaska. This is unlawful under the Act of Chapter 29 of 1943 as codified in the Alaska Statutes in title 39.15 today. The Enacted Law of Chapter 29 of 1943 is the ruling law. When there is any doubt, you must validate the words of Compiled Law, which is not positive law, with the original enacted law. See Ashley v. City of Anchorage, 95 F. Supp.189 (1951), 191.

Some of the purposes of the Official Bond are as follows with the corresponding current Employee Dishonesty surety in [ ]:

  1. For the faithful discharge of all duties for both public officers and employees.[The Employee Dishonesty surety is only for employees under the direct control of the State of Alaska - public officers are excluded as well as anyone required to have an individual bond, i.e. an Official Bond. Also the Employee Dishonesty surety is only for the employees stealing from the State of Alaska]
  2. For the benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer or employee in his official capacity or employment. [The sole benefit of the Employee Dishonesty surety is ONLY the State of Alaska.]
  3. For the use of the injured or aggrieved to bring suit on such bond in his or here name with out an assignment thereof. [Can not sue against the Employee Dishonesty surety - only the State of Alaska can sue.]
  4. The Department of Administration shall on its own motion issue a summons to any party with an insufficient bond to explain and correct the problem. [The risk management of the State of Alaska has taken no action on their own motion - YET.]
  5. The Department of Administration shall on the showing of any person supported by an affidavit summons any party with an insufficient bond to explain and correct the problem. [An affidavit has been sent to the Department of Administration with the 47 names as of April 14, 2000]
  6. The shall be as least two sureties upon the official bond of every Territorial officer or employee or one corporate surety. [Doesn't exist at this time, only the Employee Dishonesty surety.]
  7. The Bond shall not be approved unless the surety is duly qualified to do business in the Territory, or, [Even the Employee Dishonesty surety companies are not registered to do business in the State of Alaska.]
  8. (1) that he is a resident and free holder within this Territory; (2) that he is worth double the amount for which he becomes surety over. [None of the registered voters can be a free holder and a corporation, being a fiction can't be a freeholder either.]
  9. After personal service,failure to have a Official Bond shall cause the office to become vacant in 15 days. [I have served them notice to start the 15 days of Notice of vacancy of their office. It does not specifically state that only the Department of Administration has to serve them Notice.]