Oath of Office is ignored and defaced by certain State Officials


Over the past several years the Washington Utilities and Transportation
Commission (WUTC) has held hearings and issued findings that involved Indian
tribal governments and their taxing and regulating certain citizens of this
state. This writer submitted a request to that Commission to re think
holding such a hearing and to requse itself from further hearings where
tribal governments represent themselves as a legitimate government . This
request involved docket no. UG-021502, involving the Yakama tribe and a
number of utilities firms and is in the record of the hearing. The following
is a portion of that request.

It is clear that the Commission can not make a judgment on the legality of
the tribal tax but, it is equally clear the Commission must assure that the
status of parties before it and the elements of the issues and requests
must meet U.S. Constitutional standards and be within the limits of that
authority as well as the authority given that Commission by the Washington
Constitution. By the mere action of your Commission proceeding in this
matter you are telling the world that all of these conditions are met.

In this matter the Constitution only allows governments to tax for a public
purpose and to spend the tax revenues for public purposes. In this case the
Yakama tribal utility tax is neither levied  or expended for public
purposes; rather, it is collected for and spent on tribal projects and
purposes - non tribal members are excluded from the vast number of uses for
such expenditures. A second fault is also in action here concerning the
status of the Yakama Tribal government - it is not republican in form and
thus its existence within our State and appearance in front of your
Commission asking to be treated like a legitimate government is repugnant to
Article IV, Section 4, of the U.S. Constitution and an affront to the
citizens of this State. The Yakama tribal government is a pretend government
in the most classical sense. Please note the following.

The source of this quote is the Washington Attorney General's Office and is
found in Washington v. Whitefoot, Flintknife & Selam,  Washington State's
complaint  for Declaratory Injunctive Relief,  U.S. District, Eastern
District of WA, re tribal liquor resolutions, September 2001, from Section
IV, Summary of Facts, # 11

***** " The non-Tribal members have no voice in the governance or policy
decisions of the Yakama Tribe, are not permitted to serve on juries in
Tribal court or attend meetings of the Tribal Council, and receive little,
if any, services from the Yakama tribes."







The WUTC has the above information in several earlier communication, that
this writer is aware of, and yet it continues to treat tribal governments as
legitimate. Turning a blind eye to our Constitutions Article IV, Section 4,
is a violation of their individual oath of office. Here is what a noted
Jurist writes about this subject.
" Sworn to obey that written constitution, the officer who violates it must
stand convicted of a perjured usurpation of authority." (Page 68, THE
CONSTITUTION OF THE UNITED STATES, by John Randolph Tucker, ISBN
0-8377-1206-8)

A brief review of Federal Indian Programs since the 1924 Indian Citizenship
Act was past, demonstrates a number of unconstitutional end results from
those programs that include (but not limited to) pretend governments being
recognized as legitimate and taxation and regulation (governmentally)
without representation.
These constitutional violations have and continue to exist because those
required to take the oath of office , as prescribed by the U.S. Constitution
(Article VI, Section 4 ) have failed to obey that oath.



John A. Fleming
January 6, 2003