Get out of jail free card. This represents years of research.

Several people spent years researching this material. My part in this is very small. It is worth much if you want to take the "green pill."

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE

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Plaintiffs, )
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VS. )
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HENRY KROLL and )
MARY KROLL )
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Defendants. )
_____________________________ ) CASE NO. 3A CIVIL

MOTION TO DISMISS BASED ON LACK OF AUTHORITY
AND SETTELMENT OFFER

Judges rule on cases under a maritime flag without a proper bond or oath of office to subvert HUMAN and CONSTITIONAL RIGHTS with MARITIME COMMERCE LAW--treating people like so much human cargo (slaves aboard ships) that can be seized, bonded and sold.

The bonds are sold on the world market as banking securities and someone in Switzerland or Germany or wherever, buys them and the Judge gets 30% of everything over $150. Bails are usually set at 10% of the bond that they prosecute you with.

Why would a practicing attorney give up a quarter-million-dollar a year for an $88,000 a year job??? Several million dollars a year changes hands in some courtrooms. It’s all about money! How are you going to get a fair trial when the Judge is making money on you? It’s all about money?

The following memorandum and case law “is the reason” why the State has to go through the insidious and unconscionable machinations of maritime commerce laws to perpetrate fraud upon the people in Alaska. It is a lack of authority. This also holds true in some other states.

MEMORANDUM AND CASE LAW

The Alaska Bar Association was formed in 1955 by the Territorial Legislature. The Territorial Legislature didn’t have the ‘AUTHORITY’ to create a corporation. The Attorney General said the Legislature was creating a government agency. That is why the Alaska Bar Association act was never signed into law.

The last Judge that had a proper Oath of Office was Rabinowitz in 1974.

None of the Judges have bonds or proper Oaths of Office and they are not commissioned officers. They are unofficial officials appointed by the bar which is not licensed in the State of Alaska.

To appoint a Judge and do it right the Governor has to do three things:

1. Write a LETTER OF APPOINTMENT and put it on record appointing him or her A “JUDGE ‘OF’ THE STATE”.
2. Write a LETTER OF COMMISSION making him or her, a ‘COMMISSIONED OFFICER’.
3. Have them take the CONSTITIONAL OATH OF OFFICE.

All the judges have right now is the STATUTARY OATH OF OFFICE making them employees of the State.

Look up the definition of “officer” in Black’s Law Dictionary. You can’t be an Officer and an employee at the same time. You have to be EITHERßàOR. It is mutually exclusive.

Ask any judge for their oath and they will send you an employee affidavit statutory oath created by state statutes not a CONSTITUTIONAL OATH. In other words they are not sworn to uphold the Constitution and feel free to subvert the people’s constitutional rights.

What they need to be legal is: A12 Section 5 Constitutional Oath.
The reason they go through all this monkey motion is to subvert your constitutional and natural rights. This goes all the way back to the “Treaty of Cession” and International Law.

The court titles say: SUPERIOR COURT “FOR” THE STATE OF ALASKA. It doesn’t say: SUPERIOR COURT “OF” THE STATE OF ALASKA. In other words, it is “contract law”. They are working “FOR” the State of Alaska.

“Statutes = regulated acts of piracy disguised as commerce.” Hank Ostrosky

TSAR
In order for the Tsar to do (business) commerce in Alaska he formed three private trading companies (The Russian American Company etc.). When a president or Tsar or any leader of any nation signs a private contract making himself say for example, 51% owner of any private company his signature holds absolutely no official authority. The president or Tsar can’t use official authority to enrich himself. This is International Law—Old English Maritime Law.

So you had the Tsar enriching himself with the wealth (resources like gold and furs) from a foreign land (RIPPING OFF ALASKA). This is why the Russians had to carry on board their boats a native Alaskan at all times when they were hunting seal because they didn’t own the land or the water. Is this still going on today? You don’t suppose Bush and Chaney did this? Do bears poop in the woods?

To avoid a violation of International Law the Tsar strictly forbid his ‘employees’ from interfering with native use and occupancy in their “Sovereign Land” or exact tribute from them (i.e. taxing).

A President or Tsar can’t use “OFFICIAL AUTHORITY” to enrich him self. That is why when the Tsar deeded over Alaska to the US government with a Quit Claim deed the US Government took over with ‘his’ “ASSUMED AUTHORITY”. They never got title to Alaska. They assumed the authority of the Tsar to protect the native inhabitants and to secure its boarders.

You see, a Quit Claim Deed is not a Title. A Quit Claim is like someone coming over to you and saying, “You like that building across the street? I’ll sell it to. You “may” have my interest in it for $5.00. You buy his interest in the building for $5.00 but when you go to sell it to someone you discover that the Quit Claim he gave you is subject to “any” prior claims on the property. The Quit Claim Deed is a piece of paper that doesn’t give you any claim to anything.

When the Russian, Tsar said, “We gave you “any” interest we “may” have in Alaska—the only thing the US Government got was the right to regulate trade, commerce and navigation—and possibly the right to enforce its boarders. The Russians had no claim to the mainland. The Russians had a few outposts on Islands. The Natives however, had a sovereign claim to the land.

The three-mile limit or national boundaries was established because at that time that was as far as cannons could shoot.

FOUR WAYS A NATION CAN LEGALLY CLAIM LAND UNDER: INTERNATIONAL LAW

1. Form a Treaty with the ‘sovereign’ inhabitants of that land.
2. Conquest. This is where they kill off all the inhabitants.
3. By Terranullis—Latin for “nobody’s home”.
Prescription---International Law presumption of right of possession: a presumption of the right of possession of property, based on long-term exercise of property rights—50 YEARS.

To exercising proper authority and jurisdiction over the people you have to have one of the four things above. There is no authority and no jurisdiction in this state and that was proven by case law (below).

None of these four things above apply in Alaska. Read, Article 12 Section 12 of the State Constitution: It describes who owns the fishing and hunting rights and how it divides the people into classes according to ethnicity, the Aleuts, Indians and Eskimos are not part of the people.

§ 12. Disclaimer and Agreement
The State of Alaska and its people forever disclaim all right and title in or to any property belonging to the United States or subject to its disposition, and not granted or confirmed to the State or its political subdivisions, by or under the act admitting Alaska to the Union. The State and its people further disclaim all right or title in or to any property, including fishing rights, the right or title to which may be held by or for any Indian, Eskimo, or Aleut, or community thereof, as that right or title is defined in the act of admission. The State and its people agree that, unless otherwise provided by Congress, the property, as described in this section, shall remain subject to the absolute disposition of the United States. They further agree that no taxes will be imposed upon any such property, until otherwise provided by the Congress. This tax exemption shall not apply to property held by individuals in fee without restrictions on alienation.
This is strong evidence of intent of The State of Alaska to mislead its inhabitants. “The predictable consequences of an event are evidence of intent.” –Noam Chomski

In 1942 my father, Henry Kroll Senior was told to go to Tuxedni Bay by Tony Martin, a good friend of his that lived in Seldovia, Alaska. My father built a floating cannery on a barge and needed a place to go to catch and process salmon.

Tony Martin had a fox farm in Tuxedni Bay in the 1920’s and 30’s and had constructed, fox pens, a dock to tie up his boat and a cabin on the inside of the cove opposite from the end of the sand spit where I live. He also had a fish trap to catch salmon to feed the foxes and lived there year round over two decades.

Tony hired people to erect the fish trap and skin the animals. They traveled back and forth across Cook Inlet from Seldovia by boat during calm weather.

In 1942 Tony Martin gave Henry Kroll Sr. DOMINION RIGHT OF OCCUPATION of that land in Tuxedni Bay to have, occupy and to hold, to do with it as he pleased. Tony Martin gave Henry Kroll Sr. use of his dock, cabin and fishing rights forever.

I am the son of Henry Kroll Sr., the last living heir of said, DOMINION RIGHT OF OCCUPATION. This land is now described as: The remaining un-subdivided portion of land embraced in U. S. Survey 4685, Tuxedni Bay Cook Inlet north shore located in the Illiamna Recording District.

Plaintiffs received a Quit Claim Deed (and we now know how much weight that carries) from Robin Paul who fraudulently gave false testimony for monetary gain to take away land from the “Irrevocable” Kroll Family Trust.


CASE LAW

1973 Case, US verses State of Alaska:
The State of Alaska was going to lease oil leases in Lower Cook Inlet below Kaligan Island over three miles offshore outside the three-mile limit. The Feds stepped in and said: “No. You don’t own that.” Why? Because all we received from the Russians was a “Quit Claim Deed.” Anyone that comes forward with pre-existing claims would trump the Feds and the State. So neither of them have any Jurisdictional Authority.

1904 US Verses Tulley:
A murder was committed by a GI who murdered another GI in a building on a military base in Montana. The State of Montana tried him for murder. He challenged the State of Montana to its Jurisdictional Authority because the murder occurred on a military base. They turned him loose!

The US Government immediately went after him charging him with murder. He challenged the conviction in Supreme Court. The building that the murder was committed in was on a 30-acre parcel of land inside the base fence line but that parcel of land had not been seeded over to the Federal Government. The Supreme Court said, “Seems like we don’t have a case.” They turned him loose again.

NO TITLE, NO JURISDICTION, NO AUTHORITY. The same situation exists here in Alaska.

The land in Tuxedni Bay where the alleged DV occurred was never state land. It was under BLM jurisdiction when we homesteaded it. Then it was put into the Federal, Lake Clark Park. Years later some of it around our homestead was given to CIRI who after a few more years went by deeded it over to the Ninilchick and Seldovia Village Corporations. So this court has a JUIRISTICTIONAL AUTHORITY issue. Can a State Court make a ruling on something that happened on Federal Land? Or are we “assuming” authority?

Then there is the fact that the state gave out a DV for an alleged crime that had already been dismissed by the state court (Exhibit 1). The state likes to give out DV s because they get money from the feds for each one they give out.

I HEREBY OFFER THE STATE A WAY OUT OF THIS MESS PROVIDING THAT THE FOLLOWING TERMS AND CONDITIONS ARE MET:

I may be willing to let Plaintiff’s live on their land, pay Borough Tax, pick berries and do whatever it is they want to do but there has to be rules:

Bla—Bla-- Demands

6. I need to be compensated for the damage to my credit rating, and for the violation of our Constitutional rights, and to avoid bankruptcy. That shouldn’t be a problem for a Judge raking in a couple million a year. I don’t care who pays it. You have 20 days to respond and talk it over after which the price doubles. The payment can be a cashier’s check mailed to my address.

7. I request that this contract agreement be put in writing and signed by Plaintiffs. You have my permission to put them in Jail for fraud or do whatever you think is right. I suggest you also go after Attorney Molloy for fraud. There is no statute of limitation for fraud.

Case: Eric Verses HUD:
Housing and Urban Development. An old Native guy in Bethel said his house was falling apart and asked HUD to fix it. HUD said no and he sued them. Judge Vanderheit’s decision was there never had been a treaty signed between the Natives and the Russians, the US Government or the State so HUD had a contractual obligation to fix the house.

But, since the US Government had “assumed” trust responsibility for the Natives he ordered them to fix the house. The Federal Government “Assumed Trust Responsibility” for the Natives in Alaska because they wanted the resources to rip off and sell.

The US Government didn’t have authority to buy the territory of Alaska. The natives are the only ones with “Authority.” If the natives had deeded the land over to the government it would have been lawful. That didn’t happen. The Russians gave the US Government a Quit Claim Deed.

All the State of Alaska has showing true and correct title to any land is a letter from BLM dated 1963 stating, “…tentative approval pending any previous claims.”

By Federal authority this court is notified under ‘title 42 U. S. C. 1986’ for knowledge of the law, as to your high standards of the law, and for the ‘negligence’ to prevent a U. S. constitutional wrong from injuring the citizen.
I e-mailed ten copies of this document to friends so don’t try to kill me.

If this MOTION is not complied with, then I will file a document in Federal Court listing the State of Alaska, state employee Judge William Morris, Rick Jones and others as Defendants. Having written ten books, one more on government corruption using this document as the introduction would make a very interesting book. I won’t write it if I get cooperation otherwise I suspect it will be quite popular with constitutionalists and the prison population that have been fraudulently incarcerated. Imagine thousands of criminals walking free. Imagine all officers of the court (contracted state employees) put in jail for multiple counts of fraud. A good title might be: The Truth Shall Set You Free.
Defendants reserve the right to establish such other affirmative defenses as may be determined.

I, Henry Frederick, Kroll, hereby verify that the foregoing is true and correct, according to the best of my current information, knowledge, and belief, so help me God.

Month_________Day_______Year My Hand__________________________


Jurat

Subscribed and sworn to at Kenai, Alaska, before me this ___day of _____, 2009

Notary Public_____________________________

My Commission Expires____________________

WITNESS my hand and official seal______________________________________








CERTIFICATE OF SERVICE

I, Henry Frederick Kroll do hereby swear and declare that I have served by the United States Mail, a copy of this NOTICE MOTION AND MEMORANDUM to the parties listed below.

Signed:_________________________This________day of___________, 2006
Henry-Frederick: Kroll

CERTIFICATE OF MAILING
This it to certify that on the ___day of
May, 2009 a true and correct copy of
The foregoing document was mailed to:


Alaska Superior Court
825 West 4th Ave.
Anchorage, Alaska 99501-2004


Acting Attorney General Richard Svobodny
And Governor Sarah Palin
PO Box 110300
Juneau, AK 99811-0300

How the government can take your job.

Enclosed is a picture of my boat and house in Halibut Cove taken in the 1970's to go along with the enclosed article.After fishing king crab 22 years my total catch was over three million pounds of king crab, three-million pounds of tanners and many thousands of tons of herring and a couple million pounds of salmon. Now we are starving trying to earn a living fishing. Henry Kroll513 Peninsula AvenueKenai, Alaska 99611

To all people of the world: In the 1970’s I lived in Halibut Cove in a house that I had built with my own hands. I had a wife that love me, four good children who learned how to fish. I worked my way up from nothing. I owned a 72’ boat outright that I had rebuilt to catch king crab and tanners to provide for my family. I ran the old Mary M south to Seattle twice to change the engine and do hull repairs. I had worked extremely had to reach that point in my life. I created work for three desk hands and was earning close to two hundred thousand dollars a year. That was back in the 1970’s when the dollar was worth something. Every year we had a 3.5 million pound to 4.5 million pound king crab quota for the outer district from Cape Douglass, Barren Islands. Kachemak Bay had an additional 3.5 million pound quota. After that in November 15 we had a tanner season for another 3-million pound quota. All that crab and shrimp amounted to from 30 to 60-million dollars that went directly into the private sector. This also helped municipalities, grocery stores, fuel distributors and everyone benefited. The crab because fewer and fewer and Alaska Department of Fish and Game extended the quotas and allowed too many crab pots. It appeared they were trying to wipe out the fishery. Then the Alaska Department of Fish and Game allowed large shrimp draggers to come into the upper Kachemak bay and virtually wipe out the shrimp population. Kachemak Bay had written up in several fishing magazines to as the most productive bay in the world. Now there is no commercial fishing. In order to survive I had to fish the Kodiak king crab and tanner fisheries. Crab became harder and harder to find in Kodiak. I installed a single sideband marine radio in our house so that I could talk to my wife. When I would get home after three months of fishing with little to show for it my wife would unload all her problems on me. This went on for two years until she eventually took up with one of my employees. Eventually I was running 24 hours south of Kodiak Island to fish out of Nakawalak Bay near Chignik. I set up headquarters in Port Wrangle which had no facilities. This is a long story--too long for this short article. I also out of fished King Cove and False Pass for three years. My boat was too small and too old to compete in the Baring Sea fishery. I couldn’t get a loan to buy a bigger boat because the politicians in Seattle determine who gets loan guarantees from National Marine Fisheries. If you were from Alaska your chances of getting a boat loan were next to nothing. Unbeknownst to me, the oil and contaminated drilling mud from 23 oil wells in the upper Cook Inlet were leaking into the lower inlet polluting the waters and killing plankton, shrimp and crab spat. Additionally the State of Alaska allowed the oil tankers to pump billions o gallons of oily ballast water into Cook Inlet for more than twenty years. When the tankers entered the mouth of Cook Inlet by the Barren Islands they started pumping hundreds of millions of oily ballast water from such harbors as Hong Cong, Los Angeles, Anacortes, Honolulu and San Francisco. Each tanker was dumping up to 5 to 10-million gallons. Multiply this by a hundred or more tankers a year and the polluted ballast water totals billions. By the time the tankers reached Drift River Terminal in Nikiski their ballast water tanks were empty and ready to take on oil. According to biologists the tremendous amount of contaminated ballast water from Japanese and other foreign harbors introduced nematodes--microorganisms that bore inside the crab and shrimp eggs and eat them from the inside out. In 1984 the ballast water treatment plant went on line but it was broke down half the time and the tankers didn’t want to use it because it caused them down time waiting for the ballast water to be removed. It also made the ships draw more water on the run up Cook slowing them down and burning more fuel. The point of this article is the state wanted to get rid of all commercial crab and shrimp fishing in lower Cook Inlet to punish the people of Homer from stopping the State and Feds from putting oil wells all over Cook Inlet. The state had visions of grandeur to rake in billions of dollars from the oil companies and make lower Cook Inlet look like the Gulf of Mexico with a hundred oil rigs. It never happened. Nobody would bid on the leases. The result of this government greed was the cities of Homer and Seldovia lost an annual income of 30-million to 60-million dollars a year from the fisheries that went directly into the pockets of the townspeople. This money helped the grocery stores, bars, construction of new businesses, houses, fuel distributors, increased jobs and increased taxes to municipalities. The reason the Baring Sea still has a fishery is there are no oil tankers plying the waters dumping oily ballast water---yet. Nobody seems to understand this. You would think that if you had no job that you would be more cognoscente of the harvest of resources which is driving force of any economy. State greed and avarice is the cause. Our dividend checks can never compensate us or what we have lost. Some of us lost our wives, our boats, our income, our self-sustaining lifestyle and had our children turn against us because they don’t understand what their parents were going through. Our present economic situation is due to a greedy, money-hungry, bureaucracy that has no respect for economic and culture values of the people it is supposed to protect. Sincerely,Henry Kroll

"Thanks for opening your heart."--Bob Shadelson Attorney, Cook Inlet Keeper