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Published by: Gemini Research on Sep 07, 2012
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Howard Griswold Conference Call—Thursday, March 24, 2011Partial Howard Griswold Conference calls:218-844-3388 pin 966771# (6 mutes & un-mutes),Thursday's at 8 p.m., Eastern Time.`6' Mutes and un-mutes{01:32:29.569}[Howard] I didn't get what I asked for from the library naturally. The people that work in law called lawyers and paralegals and librarians of the law libraries and such know very, very little about the law and what it's all about orwhere to even find much of it. They got a couple of reference books and the reference books cover numerous things but don't have indexes to find exactly what you're looking for all the time and that was done on purpose in the way this wasall put together because the whole concept of the law, just like religion, another deception upon mankind. So it's not easy to find what you're looking for butevery once in a while one of these little fools comes up with something very important that you weren't looking for. This is how a lot of the stuff that we've discovered and when I say we I mean numerous people across this country that havebeen doing research have stumbled over the dumbest things sometimes when they were looking for something else and this is how we've learned a lot of what's been going on. Now, the stuff about trusts, there are several different kinds of trust and one of them is not a pure trust. There is no such thing and yet a wholelot of people think they have a pure trust because some clown wrote something and called it a pure trust and sold the hell out of it. A lot of people fell forit and all they have is something that is purely fictitious which is a trust. The trust is nothing but a fiction of law just like a corporation and there is little or no difference between corporations and trusts. Limited Liability company,these are forms of fictions and they're for a purpose and in each one of them there are several different forms that can be applied to several different purposes. So, to the average person with no background in this kind of stuff it becomes very confusing. So, I guess we'll try to straighten out some of the confusion.There are numerous types of trusts. There's even a thing called a resulting trust which results from some other kind of a trust, in some way dissipates and results in another kind of a trust. It can become very confusing. There are truststhat you might want if you have property worth storing somewhere and that's thereal purpose of a trust and it's usually done in writing which is an expressed trust. Interestingly enough the Constitution of the United States and the constitution of each one of the states was a trust instrument. It's an expressed trust.It's more than that, it's the creation of a corporation and the by-laws for which the corporation is to operate under and they are all in the form of a trust so what an interesting little combination of fictions came together in the way those things were done. There is a constructive trust which arises from the operation of law and is not expressed or in writing. There is a trust that is createdby oral agreements and can be executed even based on an oral agreement. Where ingeneral the courts will not entertain an oral contract they will entertain a case related to an oral trust agreement. Isn't that interesting? See how things can get very confusing. Well, let's try to straighten out some of this confusion.The government is a public trust. If you look that up in the law dictionary it says that a public trust is a charitable trust. A charitable trust has stipulations that it cannot make a profit. It is not there for the purpose of a profit andit is to be charitable in its concerns over the people, over the beneficiaries,of that charitable trust which is the public trust. Now, I just told you what the government is supposed to be doing. The government is not doing what it's supposed to be doing. It is taking unfair advantage of us and our liberty and our property, particularly our property. Without property there is no liberty so theliberty disappeared when you lost your property. The government has all kinds ofpower and authority within their own documents that created them—we call it the Constitution—to make all needful laws, rules and regulations to regulate themselves
. Those laws, rules and regulations cannot be applied to the private people of acountry except by deception and control which is created through law and religion. The combination of the two has let people into dealing with the government and accepting government benefits and privileges that people were not supposed tohave anything to do with. One of the benefits and privileges of government is to register your property with the government so that the government will take care of and protect your property at a price, of course, because nothing is done by government without a profit in mind. Whenever you register property with the government you have actually created a trust, a separate and distinct trust, fromany other kind of a trust. Whether you have a trust and the property is listedin your trust or if it's the government's public trust. This registration creates a separate and distinct trust. Now, there can be many trusts involving the same property apparently because I found nothing in a law to say that any one particular kind of property cannot be involved in numerous different trusts. So, indeed, they are involved in several kinds of trusts. One of them, of course, is thepublic trust and the public trust has a duty to protect your property and, as amatter of fact, we have discussed that at length in past conference calls and way back in times when I used to do seminars and go around the country teaching Iwas teaching about private property and the fact that government had no right to interfere with the use and enjoyment of private property. Well, requiring youthrough deception to register any kind of private property such as your new bornchildren, your land deeds, your automobile that you bought and paid for, your puppy dogs—that's the one that irritates me the most, something as minute in valueas puppy dogs and yet they force people to register them. I'm amazed that they haven't forced people to register kitty cats. There's got to be some value of a kitty cat even if it's only $1 and it's getting to a point where government needsevery dollar they can get their dirty little filthy hands on. So, I wouldn't besurprised if they didn't come up with a law before long requiring everybody that has a kitty cat to register it so they can get a dollar's worth of value for investment out of the registration of the kitty cat. That may come some day and Idon't think too far in the future. Every one of these registrations becomes a trust and the reason is because by operation of law the law says that when you give someone else your property to hold for you it creates a trust and it's calleda constructive trust because it is constructed by operation of law. Now, once it gets into this position it can be treated as a trust and the people that are holding the property can be treated as a trustee. The beneficiary which is the person who they're holding the property for has a right to sue the trustee for breaches of the trust separately and distinctly from suing them for breach of the public trust. That is a different approach for different purposes entirely. So,I hope I'm clearing up some confusion here because I got a couple of requests from people for suing the government under a constructive trust. Well, no, not quite, that's not what a constructive trust is for. A constructive trust is to either force them to protect your property as trustees from any loss to you or to terminate the trust and return the property to you. That's what a constructive trust is about. It is about registered property and recovering it. The breach of the trust by government officials that cause you losses or expenses or ignoring the law and using some fictitious claims against you, that's a completely different story and a totally different approach. That's an approach of suing them for breach of the public trust. That's different than establishing a complaint for aconstructive trust. Am I clearing this up for you, I hope?Now, Book #76 of American Jurisprudence, 2nd edition, Section 168, generally onconstructive trusts. Now listen to this carefully. A constructive trust is an implied trust. It arises by operation of law to satisfy the demands of justice orto prevent a failure of justice. I think we've been going to the courts for thewrong reasons and going to the wrong courts. I think we should have been going to the courts of equity because that's what this is all about. A constructive trust is imposed when one has acquired the legal title to property which is what happens when you register property. You transfer the legal title which is the title authority to control the use of the property. That's what the legal title is all about and it transfers to the holder of the property in trust.
Anyway, let me start over again. A constructive trust is imposed when one has acquired the legal title to property under such circumstances that he or she may not in good conscience retain the beneficial interest thereto.Now, if the Constitution which is the trust document that controls government says that government cannot take private property for public use without just compensation then they had no legal right to the property at all. They had no legalright to require you to register your private property. Now, government propertyhas to be registered. If the local police department acquires a piece of land and builds a building to operate their police operations out of they are an agency of government, they are required to register it with government, they are required to pay taxes on it from the profits they make off of their police work. That's what the Constitution afforded government to do was to tax government operations but not to impose any kind of taxes on land, on labor or anything else on the private people in their private capacity. These corrupt lawyers in concert with corrupt preachers who led us right into this by requiring birth certificate registrations and social security registration… Anyway, government had no right and no power to require you to register any form of private property. Only government property can be required to be registered. And government property is always subsidiary corporations of government and anything those subsidiary corporations acquire, not you in your private capacity that doesn't have a government agency status with government that is legitimate. They cannot create an agency status which they've done, by the way, through the 14th Amendment on people and that's only a presumptive status. It's not a real one. But based on that presumptionthat they keep on referring to you as residents which means agents of the government, that is a breach of their public trust and a wrong doing by them. But thetaking of your property by registration, it is a bigger wrongdoing yet and the control of your private property by them and taxation of it whether it be your labor or your land or your puppy dog re-registration requirements, your automobilere-registration requirements, any of this kind of stuff constitutes a breach oftheir duty to protect your property as private property rather than to tax it and abuse it in the manner in which they've been abusing it. They've been gettingaway with this simply because we trust lawyers and preachers and doctors to know what they're doing and to be honest and they aren't. And we didn't realize that they weren't and for a long time our society has been going along with this scams. It's almost been going on for so long that it's become law and almost has real authority except for the fact that it's still a breach of the trust to do these things. The property can be recovered and returned to you that you've registered by going to the court and filing a complaint to impose a constructive trust. Constructive trusts are in equity, not in law, and are for the purpose of recovering property that is in trust that was acquired improperly by a breach of thefiduciary and confidential duty of agents of the government. Well, all agents of government have a fiduciary duty to act honesty. We've covered that in past discussions and classes with the case laws that we've come up with and talked about. And we can back that up in a brief in a complaint that we put together and that will all be showing up eventually on a free download on the computer that we'll put together on that People Looking for the Truth {yahoo group}. But before Ican get all that together I've got to get this tied down in sensible order andI've been working on that. I'm getting part of it together. There's a lot to this and it is confusing and what I have to do is put it together in an order thatit won't be quite so confusing to people. Part of the problem is that this is scattered throughout all kinds of different books. An important part comes out ofwhat I just cited to you 76 American Jurisprudence, 2nd edition, Section 168 which goes on to say. Now, let me read all of this, this one part to you:A constructive trust is imposed when one has acquired legal title to property under such circumstances that he or she may not in good conscience retain the beneficial interest thereto.Well, that's related to what I just explained to you about government cannot take private property for their use. They had no right to the beneficial interest in it. The next paragraph says:A constructive trust arises when equity so demands it. It is an equitable remedy

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