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Texas State Bar Act is Unconstitutional
by Bobie Kenneth Townsend


[May, 2001]

San Jacinto Constitutional Study Group

 

Texas State Bar Act is Unconstitutional

 

Have you ever wondered WHY so many attorneys run for office? Have you ever wondered HOW the attorneys run for office? Oh, I know that you really never gave it much thought. You may not have a clue whether your representative, senator, or councilman is a member of the Texas State Bar Association. You will see below that The State Bar of Texas is an administrative agency of the state’s judicial branch of government. This information should make you believe that any member of this Texas State Bar is more than likely an attorney and an officer under the judicial branch of the government of the State of Texas.

 

Which brings me to the problem at hand.

 

Can someone that is an officer of one branch of government (Judicial), be appointed or elected to one of the other two branches of government (Legislative or Executive)? If this is determined to be legal, lawful, ethical, moral and constitutional, the next question is: Does the constitution allow a member of the Legislature to vote on a bill whereby that member would benefit from the passing of such bill, because of the career of such member?

 

Lets use an example of a Pharmacist that was elected to the Legislature and a Bill came up for vote that stated, when passed, only Pharmacists could sell alternative medicines which contained Herbs. Would the constitution allow this Pharmacist, now a State Representative, to vote on such bill? Please read the following, which may shed some light upon the preceding questions:

 

(proof)

The Following is/was stated on the Internet by the State Bar Association:

 

“The State Bar of Texas is an administrative agency of the state's judicial branch, and is charged with providing educational programs for the legal profession and the public, administering the mandatory continuing education program for attorneys and managing the grievance procedure. The Bar is a unified state bar composed of 62,500 members with total budgeted revenues of more than $26 million dollars per year.

 

The State Bar of Texas had its beginnings in 1882 with unification coming in 1927. The State Bar Act was adopted by the Legislature in 1939 and mandated that all attorneys licensed to practice law in Texas belong to the State Bar.

 

The State Bar is governed by a board of directors that receive no compensation and are elected by the membership. The Bar includes committees, boards, sections, and divisions that are run by more than 260 full-time employees and 4,500 volunteers, both lawyers and nonlawyers.”

 

The following is stated in the Texas Constitution:

 

ARTICLE III

LEGISLATIVE DEPARTMENTS

 

Section 22. Disclosure of Interest in Bill

 

  Section 22. A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House, of which he is a member, and shall not vote thereon.

 

The Following is found in the Texas Legislative Manual – Forty-Sixth Legislature (1939):

 

On Page 325-328

 

Members of the House of Representatives, Forty-Sixth Legislature

 

Name

Occupation

Morse, R. Emmett, Speaker

Real Estate

Allen, C.L.

Farmer-Stockraiser

Allison, Alvin R.

Lawyer (1)

Alsup, Lon E.

Music Dealer & Insurance

Anoerson, P.L.

Printer

Bailey, W.J.

Farming & Ranching

Baker, H. Cecil

Farmer, Lawyer (2)

Baker, Roy G.

Attorney  (3)

Bell, John J.

Lawyer (4)

Blankenship, Dallas A.

Lawyer  (5)

Boethel, Paul C.

Attorney   (6)

Bond, Bowlen

Lawyer  (7)

Boyd, James R.

Attorney   (8)

Boyer, Max W.

Lawyer  (9)

Bradford, Ed

Attorney   (10)

Bradbury, Bryan

Lawyer & Publisher  (11)

Bray, Clayton

Lawyer (12)

Bridgers, W.W.

Lawyer  (13)

Broadfoot, A.S.

Lawyer (14)

Brown, H.T.

Lawyer  (15)

Bundy, M.A. ‘Bill’

Broker

Burkett, Omar H.

?

Burney, Weldon

Hrdwre Merchant & Farmer

Cauthorn, Albert R.

Ranchman

Celaya, Augustine

Real Estate & Farming

Chambers, W.R.

Farmer

Clark, Lester

Business

Cleveland, E.J.

Cotton Buyer

Cockrell, Ellis D.

Teaching & Law Student

Coleman, Wiley N.

Druggist

Colquitt, Rawlins M.

Insurance – Bonds

Colson, Neveille H., Mrs.

Student

Cornett, Leighton

Farmer & Law Student

Corry, W.N.

Farmer

Crossley, P.L.

Attorney   (16)

Daniel, Price

Lawyer  (17)

Davis, Mat

Lawyer (18)

Davis, Minet M.

Teacher & Merchant

Dean, Travis B.

Lawyer (19)

Derden, Albert L.

Lawyer, Stockman  (20)

Dickison, P.E.

Teacher

Dickison, R. Temple

Lawyer  (21)

Donaghey, R.R.

Attorney   (22)

Dowell, Maurice

Newspaper Correspondent

Dwyer, Pat

Salesman

Faulkner, J.R.

Salesman

Felty, Fred

Attorney   (23)

Ferguson, Walter A.

Teacher

Fielden, Virgil A.

Farmer

Fuchs, R.A.

Stockfarmer

Galbreath, W.J.

Blacksmith

Gilmer, C.H.

Attorney  (24)

Goodman, James H.

Lawyer (25)

Gordon, Margaret Harris

Lawyer  (26)

Hale, L. De Witt

Law Student

Hamilton, E.B.

Salesman

Hankamer, Harold M.

Attorney   (27)

Hardeman, Dorsey B.

Attorney  (28)

Hardin, Ross

Lawyer & Farmer  (29)

Harp, R.A.

Teacher

Harper, George H.

Farmer & Stockman

Harrell. Eugene F.

Law Student

Harrell, Mason D.

Student

Harris, C.L.

Lawyer  (30)

Hartzog, Howard G.

Lawyer (31)

Heflin, J.M.

Lawyer  (32)

Holland, Arthur

Lawyer (33)

Howard, Geo. F.

Lawyer  (34)

Howington, Frank

Stockfarmer

Hull, Henry A.

Business

Hunt, Cortney

Merchant

Isaacks, S.J.

Lawyer  (35)

Johnson, B.T.

Lawyer (36)

Johnson, Leland M.

Lawyer  (37)

Keith, Joe A.

Lawyer (38)

Kennedy, Harold L.

Lawyer  (39)

Kern, Troy E.

Teacher

Kerr, John A., Jr.

Attorney (40)

Kersey, Clinton

Business

Kinard, De Witt

Real Estate, Isurance

King, Delmar L.

Teacher & Farmer

Langdon, Jack

Attorney  (41)

Lehman, Henry G.

Undertaker & Farmer

Leonard, Homer L.

Attorney  (42)

Leyendecker, B.J.

Retired

Little, G.H. ‘Jack’

Attorney  (43)

Lock, Ottis E.

Teacher

Loggins, Edgar

Law Student

Lonon, Marvin F.

Attorney  (44)

Mays, Abe M.

Merchant

McAlister, Obel L.

Lawyer (45)

McDaniel, L.C.

Salesman

McDonald, W.T.

Attorney  (46)

McFarland, C.M.

Lawyer  (47)

McMurry, Houston

Attorney  (48)

McNamara, Gene

Lawyer  (49)

Mohrmann, John M.

Student

Monkhouse, Joe R.

Real Estate & Insurance

Montgomery, William Calvin

Lawyer (50)

Morris, G.C.

Law Student

Newell, G.E.

Merchant

Nicholson, C.E.

Oil Refining

Oliver, J.J.

Farming & Ginning

Olsen, J.J.

Cattleman & Farmer

Pace, Jim

Salesman

Petsch, Alfred

Attorney  (51)

Pevehouse, Doyle

?

Piner, R.G., Jr.

Chiropractor

Pope, W.E.

Lawyer (52)

Ragsdale, Bailey B.

Farmer

Reader, Bose

Ranchman

Reader, R.L.

Salesman

Reaves, R.H.

Stockfarmer

Reed, W.O.

Lawyer  (53)

Rhodes, Cecil T.

Salesman

Riviere, Harvey

Lawyer  (54)

Roach, John E.

Minister

Roberts, Grady

Publisher

Robinson, Theodore R.

Lawyer (55)

Russell, J.K.

Lawyer  (56)

Schuenemann, H.H.

Lawyer (57)

Segrist, Kal

Real Estate & Farmer

Shell, J. Harvey

Ginner & Farmer

Skiles, Joe

Lawyer  (58)

Smith, Howard S.

Lawyer (59)

Smith, Magus F.

Lawyer  (60)

Smith, Paris

Druggist

Spencer, James C.

Textile Chemist

Stinson, Jeff D.

Attorney  (61)

Stoll, Robert

?

Talbert, Eugene

Lawyer (62)

Taylor, James E.

Publisher

Tarwater, Arthur B.

Farmer

Tennant, Roy I., Jr.

Attorney  (63)

Thornberry, Homer

Lawyer (64)

Thornton, E.H., Jr.

Attorney  (65)

Turner, Reese

Farmer

Vale, A.J.

Lawyer  (66)

Vint, Edward L.

Lawyer (67)

Voigt, Frank B.

Lawyer  (68)

Waggoner, J.H.

Publisher

Weldon, Odis A.

Farmer

Wells, T.D.

Lawyer (69)

Westbrook, Mainor N.

Teacher & Stockraising

White, Joseph, Jr.

Student, Farmer

Wilson, D.M.

Attorney  (70)

Winfree, J.E.

Lawyer, Cattleman  (71)

Wood, Robert H.

Railway Clerk

Worley, Eugene

Lawyer (72)

Wright, E.R.

Lawyer  (73)

 

 

73 out of 150 Texas House of Representatives were part of the Judicial branch with some law students and some not stating their previous or current occupation.

 

 

The Following is found in the Texas Legislative Manual – Forty-Sixth Legislature (1939):

 

On Page 335-337

 

Members of the Senate, Forty-Sixth Legislature

 

Name

Occupation

Aikin, A.M., Jr.

Attorney  (1)

Baek, E. Harold

Attorney  (2)

Brownlee, Houghton

Attorney, Rancher  (3)

Burns, Gordon M.

Attorney  (4)

Collie, Wilbourne B.

Attorney  (5)

Cotton, Clay

Attorney  (6)

Graves, W.C. ‘Bill’

Attorney  (7)

Hardin, Doss

Attorney  (8)

Head, J. Manley

Attorney  (9)

Hill, Joe L.

Attorney  (10)

Isbell, Claude

Attorney  (11)

Kelley, Rogers

Attorney  (12)

Lanning, R.C.

Attorney  (13

Lemens, Veron

Attorney  (14)

Martin, Jesse E.

Attorney  (15)

Metcalfe, Penrose B.

Attorney, Rancher  (16)

Moffett, George

Farmer

Moore, Weaver

Attorney  (17)

Nelson, G.H.

Attorney  (18)

Pace, Will D.

Attorney  (19)

Redditt, John Sayers

Attorney  (20)

Roberts, Morris

Oil Refining

Shivers, Allan

Attorney  (21)

Small, C.C.

Attorney  (22)

Spears, J. Franklin

Attorney  (23)

Stone, Albert

Attorney  (24)

Stone, William E.

Attorney  (25)

Sulak, L.J.

Editor & Publisher

Van Zandt, Olan R.

Attorney  (26)

Weinert, Rudolph A.

Attorney  (27)

Winfield, H.L.

Banker & Rancher

 

 

 

27 out of 31 Texas Senators were part of the Judicial branch as their previous or current occupation.

 

 

1.   How could  73 Attorneys or Lawyers in the Texas Legislature of the House of Representatives vote for The State Bar Act in 1939 when it was enacted?

 

2.   How could 27 Attorneys in the Texas Legislature of the Senate vote for The State Bar Act in 1939 when it was enacted?

 

 

 

 

 

 

 

 

The following is stated in the Texas Constitution:

 

ARTICLE II

THE POWERS OF GOVERNMENT

                                          

  Section 1.  Division of Governmental Powers

 

  Section 1.  The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.

 

 

Marbury v. Madison : 5 US 137 (1803):

            “No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.”

 

 

After soaking in the above information; is there a slight possibility that every Law, Act, Treaty, Resolution, Regulation, Statute, Code, Ordinance, Rule, Policy, Custom, Tax or whatever, was voted thereon by a Texas State Bar member, that was elected in the Texas Legislature, be unconstitutional, when the vote created revenue for other attorneys?

 

Is there a slight possibility that attorneys can NOT run for election for the Legislative or Executive branch of government?

 

Does the above information show WHY there are more laws passed in the United States than all other countries combined?

 

Does the above information show WHY the United States have more people incarcerated than all other counties combined?

 

Find out if the guy or gal running for office is an attorney or would you like more of the same?

 

Many people associated with the San Jacinto Constitutional Study Group are credited with discovering the information that is found here.

 

It is up to you to stop the unconstitutional acts that have occurred in the past and  will occur in the future.

 

VOTE the attorneys OUT of the Legislative and Executive branch of government and get the common man or woman to change Texas back the way it is suppose to be.

 

Judges held accountable for their unconstitutional decisions.

Attorneys held accountable for bring charges against people for victimless crimes.

Police held accountable for jailing people for an offense that has no jail time.

Juries that can judge the law as well as the facts of the case.

People held accountable for their actions without plea bargaining.

Have a government to protect and defend instead of a government to take and spend.

 

VOTE the attorneys OUT of the Legislative and Executive branch of government and get the common man or woman to change Texas back the way it is suppose to be.

 

Thanks to RealityExpander.com for allowing us to spread the truth.

 

Article by: Bobie Kenneth Townsend

Member of the San Jacinto Constitutional Study Group (2001)

Channelview, Texas -  Chapter

ktownsend@eprod.com

 

All information found in this article will not be considered as legal advice. All Information should be verified by the reader. Permission to copy is granted. The truth should always spread.

 

Remember

The Unknowing Are Slaves To Liars

(Charles Barnam)

 

sent in by Ed Brannum
Republic of Texas

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