How does one SUE the State of Maryland?

[JakeB]

But the fact of the matter still remains: I asked for the enacting clause on "Public Intoxication" my friend, not one Titled: "Disorderly Conduct".

Besides the rule is this: That One law, shall express but one title, one purpose on its face. I guess I just takes things too literally!
This is where we'll have to agree to disagree.

Your posts remind me of a quote from one of the Governor's movies:

That terminator is out there. It can't be bargained with! It can't be reasoned with! It doesn't feel pity, or remorse, or fear. And it absolutely will not stop, ever, until you are dead!

You can't seem to be reasoned with, and it doesn't appear that you'll ever stop.

By the way, you misquoted California's constitution. It actually states:

A statute shall embrace but one subject, which shall be
expressed in its title. If a statute embraces a subject not
expressed in its title, only the part not expressed is void. A
statute may not be amended by reference to its title. A section of a
statute may not be amended unless the section is re-enacted as
amended.

The subject of Section 647 is "disorderly conduct." The fact that a variety of conduct is defined as disorderly is not a problem.

It is well established that the purpose of this constitutional provision is not to destroy legislation germane to the general object declared in the title but to protect against the passage of provisions foreign to the title, subject and purposes of an act; that this provision must be liberally construed to uphold legislation whose parts are reasonably germane.

The narrow public intoxication provision is not at all foreign to the broader disorderly conduct subject.

Next?




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[BOR]

Do any of theses purported laws have Enacting Clauses showing their authority?

California Business and Professions Code

§6125. Necessity of Active Membership in State Bar

No person shall practice law in California unless the person is an active member of the State Bar. (Origin: State Bar Act, §47. Amended by Stats. 1990, ch. 1639.)



The almost unbroken custom of centuries has been to preface laws with a statement in some form declaring the enacting authority. The purpose of an enacting clause of a statute is to identify it as an act of legislation by expressing on its face the authority behind the act. 73 Am. Jur.2d, "Statutes,"~ 93, p. 319, 320; Preckel v. Byne, 243 N.W. 823, 826, 62 N.D. 356 (1932)

The enacting clause is that portion of a statute, which gives it jurisdictional identity and constitutional authenticity. Joiner v. State, 155 S.E.2d 8, 10 (Ga. 1967)

The "laws" in the CALIFORNIA statutes do not show on their face the authority by which they were adopted and promulgated. There is nothing on their face which declares they should be law, or that they are of the proper legislative authority in this State.

If you want to emphasize CA law, post CA case law, neither citation is from there, and thousands of miles away.

 

[ecmst12]

Oh for heaven's sake just let this thread DIE already!

 

[Tongass Defence]

Sue State of Alaska

I do not know what type of attorney to contact.

I want to sue the State of Alaska for selling me land that I believe they had the foresight to rid themselves of. I believe they new of the events that are now occurring with the bills being voted on (see below). If this is the case I say that they have taken humble people's life savings and imprisoned them on remote islands. We need some recourse.

The land they want already sustains communities that live by subsistence almost entirely. There is no industry for jobs there; so without the forest to hunt and harvest all will have to be abandoned.

Currently there are two bills, one in the House (concealed within HR-2099) and one in the Senate (S.881). A quote for the Ketchican Daily News sums it up quickly.

"A bill proposed by Sens. Lisa Murkowski and Mark Begich and Congressman Don Young would allow Sealaska to select lands outside the boundaries given in the 1971 Alaska Native Claims Settlement Act, thereby completing the terms of ANCSA."

This land is not for villages and living. The only reason that they want this land in particular is because the Forestry Department has cut roads in; hastening their old growth harvest.

 

[quincy]

Tongass, please start your own thread on suing the state of Alaska, instead of tacking your question onto a very very old one about suing the state of Maryland.

Thanks.

 

[madatmdgov]

how to sue

I am nearing a year from the date of a problem and may need to sue the state of Maryland, but am not ready to file suit yet.

I have heard that a form can be filed within a year which basically puts the state on notice, without actually beginning a lawsuit.

Do anyone have information about this?

 

[Zigner]

I am nearing a year from the date of a problem and may need to sue the state of Maryland, but am not ready to file suit yet.

I have heard that a form can be filed within a year which basically puts the state on notice, without actually beginning a lawsuit.

Do anyone have information about this?

Yes - but start your own thread...

 

[tranquility]

This is the greatest thread EVER!

But, just to keep the thing which will not die alive, OP see:

http://www.dsd.state.md.us/comar/SubtitleSearch.aspx?search=25.02.03.*