20140520-g. h .schorel-hlavka o.w.b. to mr tony abbott pm- re financial issues
TRANSCRIPT
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WITHOUT PREJUDICE
Mr Tony Abbott MP 20-5-2014
Cc: Mr Clive Palmer
Palmer United Party [email protected]
Ref: 20140520-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM- Re financial issues
Tony, 10
as a CONSTITUTIONALIST I hold it very important that we understand each other
properly and so will set out matters below.
.
Both you and Mr Joe Hockey have made an issue that the budget is in dire strait and people will
have to accept severe measurements. 15
So, there is a $7.00 co-payment to attend to a doctor but this co-payment is not going to the
Consolidated Revenue funds as to reduce the debts but rather is to be accumulated for science
research. Now, the question is if this is for “public purposes” or for private gain. As I understand
it those who discover something may then lodge a patent to protect their rights and we all are
ending up paying big monies to be able to use any medication, etc. As such, I view it cannot be 20
deemed that it is for “public purposes” but for private gain.
Let us look at another issue for the moment:
1. Herald Sun - MONEY FOR NEW DUNNY 25
heraldsun.newspaperdirect.com/epaper/viewer.aspx?...3...
o Share
MONEY FOR NEW DUNNY. 2014 BUDGET THE Lodge is set to get an extra loo — but it won't be inside. Money
has been earmarked in the Federal Budget for ... 30
2. 14/05/2014: 2014 BUDGET: MONEY FOR NEW DUNNY
dailymail.org.uk/.../14-05-2014--2014-BUDGET--MONEY-FOR-NEW-...
o Share
6 days ago - 14 05 2014: 2014 BUDGET: MONEY FOR NEW DUNNY. 35 14/05/2014: 2014 BUDGET: MONEY FOR NEW DUNNY
THE Lodge is set to get an extra loo — but it won’t be inside. Money has been earmarked in the Federal Budget for an outhouse so security and guests at functions held on the grounds won’t be tramping through the Abbott family’s Canberra... 40
Read More Source: The Herald Sun - Front Page (2014-05-13 20:36:00)
Herald Sun page 03 May14, 2014 45
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QUOTE
The actual cost of the proposed outside loo was not published in the Budget papers because of “commercial-
in-confidence consideration”
END QUOTE
5
Ok, let us consider that we have a Budget issue but somehow having an outside loo uis
nevertheless important. http://www.downtoearth.org.in/full6.asp?foldername=20081015&filename=led&sec_id=3&sid=1
QUOTE
Travesty of public purpose 10
State governments offer incredulous incentives to lure Tata
IN THE last few days Maharashtra and West Bengal witnessed two diametrically opposite developments. In
Maharashtra, for the first time in the history of this country, affected farmers voted in a referendum on the
upcoming Reliance special economic zone (SEZ). Initial results suggest that the majority voted against the 15 SEZ. In Singur, Tata’s plans kept slipping into a deeper imbroglio by the day. Several state governments
lined up to lure the company as Tata seriously considered moving out—each one trying to outdo each other in
terms of offering incentives and freebies. Soon as West Bengal made some parts of the ‘secret’ deal between
the state and the company public, Tata Motors moved the High Court obtaining a restraining order.
20 Tata’s lawyers argued that basically the agreement between them and the state government was a trade secret.
This means that the Nano project is private commercial venture. Ironically the state government had acquired
land for the project invoking the “public purpose” law. The state government and company will have to come
clean about what exactly is the Nano project. If it is a commercial venture the company must directly need
deal with the farmers. And if it is indeed a project meant to serve the public purpose, details of the 25 agreement must be immediately made public.
What is clear from the deal between the West Bengal government and Tata motors is that state government
are trying to outdo each other to attract investments. This is a race right to the bottom. The moment Tata
Motors threatened to walk away from Singur, several state governments came forward. The lure of big-ticket 30 project is such that governments are willing to forgo taxes, forcibly acquire land, give subsidized water and
electricity, give capital subsidies and put thousands of security personnel to man the project. In all this,
industries are having free ride on public money. This is cheap industrialization. Where not only states are
giving fiscal subsidies, they are subsidizing the natural resources—land, water, and energy. In a single
economic entity that India is, competition between states, by the way of subsidizing industrialization, is 35 neither good for economy nor is it good for environment. And it surely is not for ‘public purpose’.
END QUOTE
Meaning that if this is a private arrangement then it shouldn’t be part of the Budget papers and if
it is not a commercial private but a “public purpose” issue then we are entitled to know how 40
much taxpayers are forking out for the outside loo. Is it solid gold, gold plated, or just priced as
a solid gold dunny?
Anyhow, forget about the nonsense of being “commercial-in-confidence consideration”
because there is nothing commercial confidential about anything that is for “public purposes”.
And with slugging most taxpayers with additional taxes/charges then surely a “dunny” gold 45
plated or not should be the last thing to be concerned about as an outhouse!
And let us also consider the following about constant other claims as to “commercial-in-
confidence consideration”, where they are actually paid for from the public purse; 50 Hansard 17-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention) (Re Section 96 of the Constitution)
QUOTE
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Mr. OCONNOR.-It is nicely wrapped up. Any one who reflects upon the conditions which must exist
before this provision can be brought into operation will see that it assumes that the states must be reduced to a
condition of pauperism before they can take advantage of it.
Sir JOHN FORREST.-What would you do if they were?
Mr. OCONNOR.-I will come to that. Mr. Wise seems to be of opinion that there is some power 5 implied in the Constitution to give such aid. Now, from the consideration and study which I have been
able to give to the Constitution, I have no hesitation whatever in saying that there is no such power
implied. The Constitution is formed for certain definite purposes. There are definite powers of legislation and
definite powers of administration, and the clause that the Right Hon. Sir John Forrest called attention to
just now-clause 81-expressly provides that the revenues of the Commonwealth shall form one 10 consolidated fund, to be appropriated for the public services of the Commonwealth in the manner and
subject to the charges provided in this Constitution.
Mr. WISE-The order and good government of the Commonwealth would come under the term "public
services of the Commonwealth."
Mr. OCONNOR.-I do not agree with the honorable member in his interpretation of the powers of the 15 Commonwealth, especially when dealing with the expenditure of the money of the taxpayers. In such a
case there will be a great deal of care taken to keep the nose of the Federal Parliament to the grindstone in the
matter of this expenditure. I do not think any expenditure will be constitutional which travels outside
these limits. We must remember that in any legislation of the Commonwealth we are dealing with the
Constitution. Our own Parliaments do as they think fit almost within any limits. In this case the Constitution 20 will be above Parliament, and Parliament will have to conform to it. If any Act were carried giving
monetary assistance to any state it would be unconstitutional, and the object sought would not be
attained. That brings me to the question of whether it is desirable that there should be any such power either
expressed or implied. I have no hesitation in saying that it would be a disastrous thing for the future of the
[start page 1109] Commonwealth if there was any such power given. 25 END QUOTE
Hansard 17-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE 30
Mr. ISAACS.-You are referring to paragraph (4) of clause 52?
Mr. HOLDER.-Yes.
Mr. OCONNOR.-But that money could not be spent upon any object the Federal Parliament thought
fit.
END QUOTE 35
How does the FUTURE FUNDS set up and now organised by Mr Peter Costello fit into the
“expressly provides that the revenues of the Commonwealth shall form one consolidated fund”, I may well
ask?
40
And also:
The following quote is of a more extensive quotation shown below; http://supreme.justia.com/us/83/678/case.html
U.S. Supreme Court Olcott v. The Supervisors, 83 U.S. 16 Wall. 678 678 (1872)
QUOTE 45
In 1870, that is to say, subsequent to the issue of these orders, though prior to the trial of this case in
the court below, the Supreme Court of the State of Wisconsin, in the
Page 83 U. S. 680
case of Whiting v. Fond du Lac County, [Footnote 1] held this act to be void, upon the ground that the 50 building of a railroad, to be owned and worked by a corporation in the usual way, was not an object
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in which the public were interested, and therefore that the act in question was void, for the reason
that it authorized the levy of a tax for a private and not a public purpose. The court there said:
"The question is as to the power of the legislature to raise money or to authorize it to be raised, by
taxation, for the purpose of donating it to a private corporation. We held, in Curtis v. Whipple, [Footnote
2] that the legislature possessed no such power, and the conclusion in that case we think follows inevitably in 5 this, from the principles stated in the opinion.
END QUOTE
http://supreme.justia.com/us/83/678/case.html
U.S. Supreme Court Olcott v. The Supervisors, 83 U.S. 16 Wall. 678 678 (1872) 10 QUOTE
Page 83 U. S. 693
"The legislature cannot create a public debt, or levy a tax, or authorize a municipal corporation to
do so, in order to raise funds for a mere private purpose. It cannot, in the form of a tax, take the 15 money of the citizen and give it to an individual, the public interest or welfare being in no way
connected with the transaction. The objects for which the money is raised by taxation must be public,
and such as subserve the common interest and wellbeing of the community required to contribute. . .
. To justify the court in arresting the proceedings and declaring the tax void, the absence of all
possible public interest in the purposes for which the funds are raised must be clear and palpable; so 20 clear and palpable as to be perceptible by every mind AT THE FIRST BLUSH."
All these expositions of the law of the state were made by its highest court before the county orders now in
suit were issued. They certainly did assert that building a railroad, whether built by the state or by a
corporation created by the state for the purpose, was a matter of public concern, and that because it was a
public use, the right of eminent domain might be exerted or delegated for it, and taxation might be 25 authorized for its aid. It was the declared law of the state, therefore, when the bonds now in suit were
issued, that the uses of railroads, though built by private corporations, were public uses, such as warranted
the exercise of the public right of eminent domain in their aid, and also the power of taxation.
We are not, then, concluded by a decision, made in 1870, that such public uses are not of a nature to
justify the imposition of taxes. We are at liberty to inquire what are public uses, and what 30 restrictions, if any, are imposed upon the state's taxing power.
It is not claimed that the Constitution of Wisconsin contains any express denial of power in the legislature
to authorize municipal corporations to aid in the construction of railroads, or to impose taxes for that
purpose. The entire legislative power of the state is confessedly vested in the General Assembly. An
implied inhibition only is asserted. 35 Page 83 U. S. 694
It is insisted that, as the state cannot itself impose taxes for any other than a public use, so the
legislature cannot empower a municipal division of the state to levy and collect taxes for any other than
such a use,
END QUOTE 40
QUOTE
CHAPTER 17
THE PUBLIC PURPOSE SPHERE: GOVERNMENTS AND NONPROFITS 45
Microeconomics in Context (Goodwin, et al.), 1st Edition (Study Guide 2008) Chapter Summary Having looked in detail at the private sector in the previous chapter, the text now turns to the
role of governments and nonprofit organizations in this chapter. For example, the coordination
and regulation functions of government, without which markets could not function in the way 50 they do is included. The chapter explores the ways in which organizations within the public
purpose sphere address both short- and long-term aspects of people’s needs. This chapter will
be particularly important for those of you who are interested in public policy, international
economics, business, finance, health, education, the nonprofit sector, and environmental
studies. 55 Objectives After reading and reviewing this chapter, you should be able to:
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1. Define the two primary functions of public purpose organizations.
2. Describe the three basic types of public purpose organizations.
3. Discuss the historical development of public purpose organizations regarding social
welfare.
4. Discuss the historical development of public purpose organizations regarding the 5 regulation of monopolies and trade practices.
5. Discuss the historical development of public purpose organizations regarding the
regulation of financial markets.
6. Discuss the historical development of public purpose organizations regarding
environmental protection. 10 7. Define the three major theories of organizational behavior: the theory of pure public
service, the theory of “capture,” and the theory of civic responsibility.
Key Term Review regulation open access resources
Progressive Era social insurance programs 15 means-tested programs Interstate Commerce Act
World Trade Organization Securities Act of 1933
Pigovian taxes self-regulation
public service (pure theory of) “capture” (theory of pure
civic responsibility (theory of) special interest) 20 END QUOTE
http://supreme.justia.com/us/83/678/case.html
Olcott v. Supervisors, 16 Wall. 678 U.S. Supreme Court Olcott v. The Supervisors, 83 U.S. 16 Wall. 678 678
(1872) Olcott v. The Supervisors 83 U.S. (16 Wall.) 678 25 ERROR TO THE CIRCUIT COURT FOR THE EASTERN DISTRICT OF WISCONSIN
QUOTE
What was considered was the uses for which taxation generally, taxation by any government, might
be authorized, and particularly whether the construction and maintenance of a railroad, owned by a
corporation, is a matter of public concern. It was asserted (what nobody doubts), that the taxing 30 power of a state extends no farther than to raise money for a public use, as distinguished from
private, or to accomplish some end public in its nature, and it was decided that building a railroad, if
it be constructed and owned by a corporation, though built by authority of the state, is not a matter
in which the public has any interest, of such a nature as to warrant taxation in its aid.
Page 83 U. S. 690 35 For this reason it was held that the state had no power to authorize the imposition of taxes to aid in the
construction of such a railroad, and therefore that the statute giving Fond du Lac County power to
extend such aid was invalid. END QUOTE
40
Therefore this ongoing misuse and abuse by State and Federal government to raise taxes and then
provide it to private companies is not at all for “PUBLIC PURPOSES” and therefore is a
misappropriation of Consolidated Revenue funds. Also by the States using and misusing/abusing
“eminent domain” powers the very purpose of federation is undermined.
45
When considering American decisions one has to keep in mind that it originates out of a total
different legal structure and so it cannot be used as such in the Commonwealth of Australia but it
is clear that the U.S.A. nullifies any FEE SIMPLE title holing rights where the U.S. Supreme
Court held in Wayne County v. Hathcock (2004) as to PROHIBIT the transfer of privately
owned property to another private person in this case a company) for “public purposes” 50
overriding the Poletown decision, as subsequently to the Kelo v City of London decision the
private company ones having obtained the property abandoned the project all together and it now
lies as private wasteland As such this also underlines that there is a danger to use acquisition for
“public purposes” as in the end it may work counter productive as was discovered in the Kelo v
City of London case subsequent aftermath. And the Wayne County v. Hathcock (2004) clearly 55
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rectified the gross miscarriage of justice that had been inflicted upon many since the Poletown
decision, at least for those who are affected since the Wayne County v. Hathcock (2004)
decision. The State having used its position of “eminent domain” to be able to achieve
employment and to have an increase of taxes and other benefits in the end in real life ended up
loosing residents from the area, not getting any increase of employment, as the company scaled 5
down its existing production already held there, and the State therefore ended up with a reduced
income. What this underlines is that what might be perceived as being in the “public interest”
may not at all eventuate as such but might in fact become an injury to the “public interest”
. http://www.glossary.com/reference.php?q=Fee 10 QUOTE
Fee simple is an estateAt common law, an estate is the totality of the legal rights, interests, entitlements and
obligations attaching to property. In the context of wills and probate, it refers to the totality of the property
which the deceased owned or in which some interest was held. It may also refer to an estate in land.estate in
land in common lawCommon law is a type of legal system in which the law is created and/or refined by 15 courts on a case-by-case basis. In resolving a legal dispute, an "ideal" common law court looks to precedent
of other courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning
used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current
dispute is fundamentally distinct from all previous cases, it will resolve the matter itself, with reference
...common law. 20 END QUOTE .
http://www.ij.org/index.php?option=com_content&task=view&id=1360&Itemid=165
QUOTE
County of Wayne v. Hathcock 25
Michigan Supreme Court Halts Eminent Domain For "Economic Development": Court States Poletown Was
"Erroneous" (IJ amicus)
Anyone who owns a home, a small business or a piece of property became a whole lot more secure in those 30 possessions on July 30, 2004. That was when the Michigan Supreme Court released a unanimous decision
ruling unequivocally that the government may not use eminent domain to take private property because
someone else’s use of the property might be more profitable. Although many observers were hoping for a
good decision, the unanimous ruling in County of Wayne v. Hathcock crossed political lines and surpassed all
expectations. 35
The Court unanimously overruled the infamous Poletown decision and caused a seismic shift in the legal
battle between home and business owners, on the one side, and an unholy alliance of tax-hungry bureaucrats
and land-hungry developers on the other.
40 Decided in 1981 by the Michigan Supreme Court, Poletown was the first major decision in the United States
upholding the use of eminent domain for “economic development”—increasing tax revenues, jobs and the
local economy generally.
END QUOTE . 45 http://www.news.harvard.edu/gazette/2004/11.18/11-domain.html
QUOTE
Jerold Kayden, the Frank Backus Williams Professor of Urban Planning and Design at the HGSD, talks about
the 'very tricky issue' of eminent domain. (Staff photo Rose Lincoln/Harvard News Office)
Right of 'eminent domain' challenged 50 Weighing the benefits of economic development
By Ken Gewertz Harvard News Office
Susette Kelo is about to get her day in court. 55 This past September, the U.S. Supreme Court agreed to hear a case brought by Kelo and her fellow
homeowners in the Fort Trumbull neighborhood of New London, Conn., challenging the right of municipal
authorities to take their houses by eminent domain.
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The case has attracted much attention because it is the first time such a case has come before the U.S.
Supreme Court in 50 years and because it represents an opportunity to re-examine what some regard as a
growing trend by state and municipal authorities to abuse the right of eminent domain.
Jerold Kayden, the Frank Backus Williams Professor of Urban Planning and Design at the Graduate School of
Design, has been watching this case carefully for what it may presage about the future of property rights in 5 the United States. On Nov. 16, he gave a talk on the subject sponsored by the Kennedy School of
Government's Taubman Center for State and Local Government.
"Can a single-family house and land be taken through eminent domain and turned over to a private
developer to generate increased jobs and tax revenue? That is in essence the case that is now coming
before the Supreme Court," Kayden said. 10 Kayden explained that the right of eminent domain is sanctioned through implication by a phrase in the Fifth
Amendment to the U.S. Constitution. The phrase rounds out a list of protections against unfair government
interference, stating, "nor shall private property be taken for public use, without just compensation." The
nature of just compensation is always at issue in such cases, Kayden said, with property owners asking for
more and government authorities offering less. What is more significant for Kelo v. New London, however, is 15 the interpretation of the words, "public use."
The issue first came before the Supreme Court in 1954 in the case Berman v. Parker when a
department store owner in Washington, D.C., sued to prevent the government from demolishing his
store to make way for an urban renewal project. Berman contended that it was unconstitutional to take
his property under those circumstances, but the court ruled against him, saying that eminent domain 20 was justified because the project was in the interest of the community.
That case set the stage for other cases in which governments took the property of private individuals not only
for traditional public uses like highways, schools, or reservoirs, but also to replace "blighted" areas with new
construction expected to create new jobs and bring in higher tax revenues.
For example, in the late 1970s, General Motors approached Coleman Young, then mayor of Detroit, 25 with a request to build a Cadillac plant in a residential neighborhood known as Poletown. On the one
hand, the plant would bring jobs and generate tax revenues, but, on the other, a settled neighborhood
would be destroyed.
"It was a terrible choice. How do you even begin to decide a case like this? In the end, Young went
along with General Motors, and the Michigan Supreme Court sided with the government." 30 In deciding this case in 1981, the court ruled that the government's decision to take the land was acceptable.
But such cases are open to interpretation, a fact that was illustrated earlier this year when the
Michigan Supreme Court reversed its 1981 decision by its ruling on a similar case, Wayne County v.
Hathcock. The court ruled that the county could not use eminent domain to take the property of people
living near an airport to clear the way for an economic development scheme known as the Pinnacle 35 Project. The court ruled that the land could be taken if, for example, it could be shown to be blighted,
but this was not the case.
Susette Kelo and the other residents of Fort Trumbull also firmly deny that their property is blighted,
but what is at issue here is whether property can be taken simply because an alternative use of that
property would produce greater economic benefits. In the Fort Trumbull example, the city of New 40 London, Conn., wants to replace the residential area with offices and parking, among other things.
"It could be argued that a neighborhood of single-family houses is simply underperforming property,"
Kayden said in answer to a question. "It doesn't generate very much revenue compared with other
uses. Consequently, one might label it as blight."
Kayden would not predict how the U.S. Supreme Court would rule on this case, although he did speculate 45 about the many different aspects of the case that the court might weigh in making its decision. The court
might reconsider the purpose of the Constitution's "just compensation" clause, perhaps taking into account the
value of the individual's identity and history or the "demoralization costs" incurred when people are forced to
give up their homes to make way for a hotel or a block of high-priced condos. Or the court may shift the
burden of decision back on the state courts. 50 "It's a tricky issue," Kayden said.
END QUOTE .
COMMISSIONER OF TAXATION v WORD INVESTMENTS [2008] HCA 55 (3 December 2008)
QUOTE 55 1. In the Court of Appeal, Walsh JA and Asprey JA (Wallace P dissenting) agreed on the first point, but
disagreed on the second. Contrary to the Commissioner's submissions in the present appeal, Walsh JA (like
Nagle J) did not construe the phrase "charitable institution" as a single composite expression, but saw it as
having two integers – one to do with objects which were charitable, the second to do with "institutional"
characteristics. Thus he said[34]: 60
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"the religious objects of the company must be regarded as charitable objects.
But I do not think it was an 'institution'".
Walsh JA went on to deny that every company with charitable objects was a charitable institution. The
Commissioner submitted in this appeal that the "authorities and dictionary references discussed by Nagle J
and Walsh JA suggest that for an entity to be a 'charitable institution' it must possess a public character, 5 purpose or object". The authorities and dictionary references do not in fact suggest this. Walsh JA
summarised an argument of counsel which assumed that the word "institution" included "a notion of
something which has a public character or serves a public purpose", but he rejected the argument which
made that assumption[35]. If Walsh JA, despite that rejection, was intending to adopt counsel's assumption,
the Commissioner did not explain why Word's purpose of advancing religion – a charitable purpose having, 10 ex hypothesi, benefit to the public, and carried out on a substantial basis financially speaking – caused it to
lack a public character or not to serve a public purpose.
END QUOTE
http://supreme.justia.com/us/83/678/case.html 15 U.S. Supreme Court Olcott v. The Supervisors, 83 U.S. 16 Wall. 678 678 (1872)
QUOTE
In 1870, that is to say, subsequent to the issue of these orders, though prior to the trial of this case in
the court below, the Supreme Court of the State of Wisconsin, in the
Page 83 U. S. 680 20 case of Whiting v. Fond du Lac County, [Footnote 1] held this act to be void, upon the ground that the
building of a railroad, to be owned and worked by a corporation in the usual way, was not an object in
which the public were interested, and therefore that the act in question was void, for the reason that it
authorized the levy of a tax for a private and not a public purpose.
END QUOTE 25 .
http://supreme.justia.com/us/83/678/case.html
U.S. Supreme Court Olcott v. The Supervisors, 83 U.S. 16 Wall. 678 678 (1872)
QUOTE
The question considered by the court was not one of interpretation or construction. The meaning of no 30 provision of the state constitution was considered or declared. What was considered was the uses for
which taxation generally, taxation by any government, might be authorized, and particularly
whether the construction and maintenance of a railroad, owned by a corporation, is a matter of
public concern. It was asserted (what nobody doubts), that the taxing power of a state extends no
farther than to raise money for a public use, as distinguished from private, or to accomplish some 35 end public in its nature, and it was decided that building a railroad, if it be constructed and owned
by a corporation, though built by authority of the state, is not a matter in which the public has any
interest, of such a nature as to warrant taxation in its aid.
Page 83 U. S. 690
For this reason it was held that the state had no power to authorize the imposition of taxes to aid in the 40 construction of such a railroad, and therefore that the statute giving Fond du Lac County power to
extend such aid was invalid. This was a determination of no local question or question of statutory or
constitutional construction.
END QUOTE . 45 http://supreme.justia.com/us/83/678/case.html
QUOTE U.S. Supreme Court Olcott v. The Supervisors, 83 U.S. 16 Wall. 678 678 (1872)
"The legislature cannot create a public debt, or levy a tax, or authorize a municipal corporation to do so,
in order to raise funds for a mere private purpose. It cannot, in the form of a tax, take the money of the
citizen and give it to an individual, the public interest or welfare being in no way connected with the 50 transaction. The objects for which the money is raised by taxation must be public, and such as subserve
the common interest and wellbeing of the community required to contribute. . . . To justify the court in
arresting the proceedings and declaring the tax void, the absence of all possible public interest in the
purposes for which the funds are raised must be clear and palpable; so clear and palpable as to be
perceptible by every mind AT THE FIRST BLUSH." 55 END QUOTE .
TRUSTEES OF DARTMOUTH COLLEGE v. WOODWARD. February 2, 1819 17 U.S. 518, 4 L.Ed. 629,
4 Wheat. 518, (Cite as: 17 U.S. 518) Supreme Court of the United States,
QUOTE 60
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"Public corporations" are generally esteemed such as exist for public political purposes, such as towns,
cities, parishes and counties, but strictly speaking they are such only as are founded by government for
public purposes, where whole interest belongs to the government.
END QUOTE 5 THE TENSION BETWEEN PRIVATE PROPERTY AND PUBLIC PURPOSE Brad Reid Professor of Business
Law Abilene Christian University ACU Box 29335 -- Abilene, Texas 79699
(325) 674-2768 -- [email protected]
QUOTE
The Court concludes: “The State of Hawaii has never denied that the Constitution forbids even a 10 compensated taking of property when executed for no reason other than confer a private benefit on a
particular private party. A purely private taking could not withstand the scrutiny of the public use
requirement; it would serve no legitimate purpose of government and would thus, be void.
END QUOTE 15 The Low-income Public Purpose Test (LIPPT) Updated for Version 2.0 May 25, 2001 Prepared for RRM
Working Group Cost Effectiveness Committee Prepared by TecMarket Works 165 West Netherwood Road,
Suite A, 2nd Floor Oregon, WI 53575 Voice: (608) 835-8855 Fax: (608) 835-9490 [email protected] Skumatz
Economic Research, Inc.And Megdal and Associate
QUOTE 20 Chapter 1: Introduction
In December of 2000 the California Reporting Requirements Manual (RRM) Working
Group’s Cost Effectiveness Subcommittee, hired contractors to design the California
Low-income Public Purpose test. This test is to be an additional cost effectiveness test to
complement the current arsenal of program reporting tools used to report low-income 25 cost effectiveness. Unlike other tests, the LIPPT is designed to have a broad view of the
costs and benefits associated with the delivery of low-income energy efficiency programs
incorporating a more comprehensive list of program benefits than California’s current
cost effectiveness tests. In addition, the test is structured to be both user friendly and
capable of being easily modified as new non-energy benefit research is completed. This 30 test is also flexible, and allows users to “turn on and off” various cost and benefit values
to allow the user to examine the program’s cost effectiveness from different perspectives.
This report presents the overall general equations of the LIPPT and describes the
components or variables included in the equations. In developing these equations, we
have substantially complied with the request of the RRM Working Group’s Cost 35 Effectiveness Committee to use current program tracking and reporting methods, so that
the LIPPT does not present a new administrative or management burden on the four
utilities.
There are three cost benefit categories defined in this report and included in the LIPPT.
These are: 40 • Program costs
• Energy benefits (energy savings)
• Non-energy benefits
Each of these three categories are presented and described in this report, and together
make up the LIPPT. The equations for each category are more fully defined and 45 illustrated in the following sections.
END QUOTE
http://www.legis.state.la.us/lss/lss.asp?doc=81933
QUOTE 50 RS 2:608
§608. Public purpose
The acquisition of any land, or interest therein, pursuant to this Chapter, the planning, acquisition,
establishment, development, construction, improvements, maintenance, equipment, operation, regulation, and
protection of airports and air navigation facilities, including the acquisition or elimination of airport hazards, 55
and the exercise of any other powers herein granted to authorities and other public agencies, to be severally or
jointly exercised, are hereby declared to be public and governmental functions, exercised for a public
purpose, and matters of public necessity. All land and other property and privileges acquired and used by or
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on behalf of any authority or other public agency in the manner and for the purposes enumerated in this
Chapter shall and are hereby declared to be acquired and used for public and governmental purposes and as a
matter of public necessity.
Acts 1952, No. 531, §9.
5 END QUOTE
Ethics Orientation for State Officials
Misuse of Public Funds 10
Public Funds may not be Used for Personal Purposes
The starting point for any analysis concerning the misuse of public funds begins with the principle that public
funds must be expended for an authorized public purpose. An expenditure is made for a public purpose when
its purpose is to benefit the public interest rather than private individuals or private purposes.
Once a public purpose is established, the expenditure must still be authorized. A public official possesses 15 only those powers that are conferred by law, either expressly or impliedly.
The California Constitution and a variety of state statutes make it clear that public funds may not be
expended for purposes that are primarily personal. Such expenditures are neither for a public purpose nor are
they authorized.
The prohibition against using public funds for personal purposes does not mean that no personal benefit may 20 result from an expenditure of public funds.
For example, the payment of a public employee’s salary confers a personal benefit on the employee, but it is
an appropriate expenditure of public funds because it is procuring the services of the employee for public
purposes.
The misuse of public funds occurs when the personal benefit conferred by a public expenditure is not merely 25 incidental. The term “public funds” is not limited to money, but includes anything of value belonging to a
public agency such as equipment, supplies, compensated staff time, and use of telephones, computers, and
fax machines and other equipment and resources.
Examples of Misuse of Public Funds 30
1. In People v. Dillon, a city commissioner used official government discounts to purchase items for himself
and others. This was a misuse of public funds, even though those receiving the discount paid for the
items with personal funds.
2. In People v. Sperl, a county marshal furnished a deputy marshal and a county vehicle to transport a
political candidate, his staff and family. 35 3. In People v. Battin, a county supervisor used his county compensated staff to work on his political
campaign for Lieutenant Governor.
4. In People v. Harby, a city official used a city car, entrusted to him for use in connection with official
business, to take a pleasure trip from Los Angeles to Great Falls, Montana and back.
Violations of the laws prohibiting misuse of public funds may subject the violator to criminal and civil sanctions. 40 These penalties may include imprisonment for up to four years and a bar from holding office.
State Agency Participation in Ballot Measure Elections
There is another issue involving the misuse of public funds that does not concern the personal use of public funds. 45 This issue concerns the use of public funds in connection with ballot measure campaigns. Following is a list of what
we’ll cover in this section.
Stanson v. Mott
Endorsements and Informational Materials
Improperly Using Public Funds may Trigger Fines 50
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Using Public Funds and Ballot Measure Campaigns
The California Supreme Court case of Stanson v. Mott is the cornerstone case concerning the expenditure of public
funds in election campaigns.
In Stanson v. Mott, a private citizen sued the Director of the California Department of Parks and Recreation,
challenging the director’s expenditure of Department funds to support passage of a bond act appearing on a 5 statewide ballot. The Supreme Court unanimously found that the director had acted unlawfully, concluding that “in
the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a
partisan position in an election campaign.”
Stanson v. Mott
The Supreme Court wrote in Stanson: “A fundamental precept of this nation’s democratic electoral process is that 10 the government may not ‘take sides’ in election contests or bestow an unfair advantage on one of several competing
factions. A principal danger feared by our country’s founders lay in the possibility that the holders of governmental
authority would use official power improperly to perpetuate themselves, or their allies, in office....”
The Supreme Court further wrote in Stanson “...The selective use of public funds in election campaigns, of course,
raises the specter of just such an improper distortion of the democratic electoral process.” 15 Endorsements and Informational Materials: Subsequently, court cases have said that a government agency may
endorse a measure that is related to its expertise so long as it does not expend funds to promote its passage.
Similarly, a government agency may draft legislation or a ballot measure related to its expertise, but may not
promote the passage of the measure in an election campaign.
Here is Jose Lopez discussing the findings in the Stanson case in regard to the agency participation in ballot measure 20 elections.
1. “The Stanson Court also noted that if a state agency or department has authority to disseminate information
relating to its activities, it may spend funds to provide the public with a fair presentation of relevant
information.”
2. “The Court found that it would be contrary to the public interest to bar knowledgeable public agencies from 25 disclosing relevant information to the public, so long as such disclosure is full and impartial and does not
amount to improper campaign activity.”
3. “To be fair, a presentation must consider all important points and provide equal treatment to both sides of
the issue.”
Improperly Using Public Funds may Trigger Fines: Improper use of public funds also may trigger fines from the 30 Fair Political Practices Commission for failing to report campaign contributions. In 1996, Sacramento County paid a
$10,000 fine to the Commission in connection with a utility bill insert explaining the effect on the county of several
ballot measures. The Commission ruled that the insert advocated a position on the ballot measures and was not a
neutral and fair presentation of the facts.
Let's Review 35 TRUE or FALSE: Expenditures made to benefit the public are permissible.
Answer: False. The expenditure must also be authorized to be permissible.
Evelyn is an agency secretary. She has just completed a long day and she wishes to make a few telephone calls
before she leaves her office to invite potential contributors to the incumbent Governor’s campaign fundraising
dinner. Since the people she will be calling frequently have dealings with the state government on a variety of issues, 40 may she charge these calls to the state? Yes or No.
Answer: No. Evelyn may not charge the calls to the state as they are for personal political purposes rather
than for a public purpose.
Let's Review
Ramon is the director of a state department. He wishes to produce informational materials to answer questions about 45 the impact of a ballot measure. Select the situation in which it is permissible to expend funds for this purpose.
a. The materials stop short of advocating a vote for or against the measure.
b. The materials do not make false statements.
c. The materials present a balanced description of the favorable and unfavorable impacts of the measure.
Answer: c. The materials must present a balanced description of the favorable and unfavorable impacts of 50 the measure.
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Remember These Points
Expenditures must be for a public purpose
Expenditures must be authorized
Public funds may not be expended for personal use
Information must be fairly presented 5 Violations bring criminal, civil and administrative sanctions
END QUOTE
I think that by now you may get the drift that anything for which taxes/charges are made by the
Commonwealth of Australia/States/Territories n ever can be used for commercial confidential
issues. The moment monies from Consolidated Revenue Funds is drawn to pay for something it 10
must be made public what the cost is. We are sick and tired politicians filling their own pockets
by backdoor manner, being it by secret commissions, political donations, etc.
Neither should any government entity be involved in making political donations as it is then not
for public purposes and a backdoor manner to receive it back from Consolidated Revenue Funds
and as such I view a fraudulent conduct. 15
Funding of sport is not a Commonwealth matter and n either so funding for the arts and
numerous other matters. It is up to the States to fund this kind of matter if they desire to do so,
and perhaps for so far it involves citizens of their respective States and it remains to be for
“public purposes”. After all we are well aware how sports stars are getting there at cost of 20
taxpayers and when they make a lot of money they are not caused to payback the monies while
students at university must do so. What is the difference I wonder?
But, I am not just trying to have a go at you of Joe cigar smoking Hickey, as I also would suggest
that you consider cutting down on so called immunisations and leave it only for those who desire 25
to have immunisation but after they make an informed decision. That means they should be
appropriately advised of the pros and the cons of immunisation.
And not wanting you having to search for details I have below quoted details;
“How Vaccines Can Damage Your Brain: By Russell L. Blaylock, M.D ”
30
Just consider the huge saving to be made if people are not deceived in having immunisations
merely to get the corporations peddling their ware stinking rich.
It is astounding that you contemplate to get $20 billion from taxpayers through a $7.00 levy as a
co-payment and yet ignore the real health risk! Surely as a former Minister for health you ought
to understand that the Medicare cost alone will tumble significantly if those dangerous 35
immunisations are aborted and has a snowball effect. No more people falling is as result of the
immunisations. Now more people needing to attend to doctors and specialist because of
dangerous immunisations. No more the use of hospital beds because the dangerous practice is to
be stopped immediately.
And forget about forging parents to have a child immunised as again the dangers should never be 40
forced upon a parent. My eldest son was close to death after he had an immunisation and so I
know too well the risk with immunisations. Still, despite of this I had my other children
immunised as there was simply no information provided about the associated dangers. QUOTE EMAIL
How Vaccines Can Damage Your Brain: By Russell L. Blaylock, M.D 45
Jim ----- Forwarded message ----- From: Scott e <[email protected]> Date: Mon, May 19, 2014 at 1:05
AM Subject: How Vaccines Can Damage Your Brain: By Russell L. Blaylock, M.D
http://www.whale.to/b/bla
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To Adam G.Jim LaurieAdrian B. and 26 More...
Today at 5:16 PM
----- Forwarded message -----
From: Scott e <[email protected]>
Date: Mon, May 19, 2014 at 1:05 AM 5 Subject: How Vaccines Can Damage Your Brain: By Russell L. Blaylock, M.D
http://www.whale.to/b/blaylock.html
How Vaccines Can Damage Your Brain:
Vaccines, Depression and Neurodegeneration After Age 50: Another Reason to Avoid the 10 Recommended Vaccines
By Russell L. Blaylock, M.D.
VRAN Newsletter, Vaccine Risk Awareness Network, Inc.) Spring, 2008; lead article.
15 The Link Between Elevated Brain Glutamate and Inflammation
Vaccination and Brain Inflammation
Flu Vaccines and An Expanding Vaccine Schedule for the Elderly
Mercury and Aluminum
Danger of Live Virus Vaccines 20 Conclusion
It has been estimated that 14.8 million Americans suffer from major depressive disorder and of this number 6
million are elderly. If we include anxiety disorders, which commonly accompany depression, the number
jumps to 40 million adults. At a cost of $44 billon dollars a year just for care of the seniors, this impacts the 25 national budget as well. Depression later in life tends to last longer and be more severe than at younger ages.
It is also associated with a high rate of suicide.
Previously, it was thought that major depression was secondary to a deficiency in certain neurotransmitters in
the brain, particularly the monoamines, which include serotonin, norepinephrine and dopamine. While 30 alterations in these important mood-related neurotransmitters is found with major depression, growing
evidence indicates that the primary culprit is low-grade, chronic brain inflammation. In addition, we now
know that inflammatory cytokines can lower serotonin significantly and for long periods by a number of
different mechanisms.
35 Researchers have also discovered that most people with major depressive disease (MDD) have higher levels
of the neurotransmitter glutamate in their spinal fluid (CSF) and blood plasma. This is the same glutamate
found as a food additive-for example, MSG (monosodium glutamate), hydrolyzed proteins, calcium or
sodium casienate, soy protein isolate, vegetable protein concentrate or isolate, etc. Much of the free glutamate
in the brain of depressed people comes from within, that is it escapes from special cells within the brain itself 40 (microglia and astrocytes). Free glutamate, that is, existing outside the neurons, is very toxic to brain
connections and brain cells themselves -- mainly by a process called excitotoxicity.
This connection between high brain glutamate levels and major depression was discovered quite by accident,
when researchers observed that the anesthetic drug ketamine could relieve depression for a prolonged period. 45 Ketamine is a powerful blocking drug for a class of glutamate receptors (NMDA receptors).
For quite some time it was known that depression could cause a loss of neurons in the hippocampus of the
brain-the area most important for recent memory (declarative memory or working memory), the form of
memory most affected in Alzheimer’s disease. This shrinkage of the brain usually occurred with long-term 50 depression, yet it was shown, using sophisticated testing, that even without brain shrinkage, memory could be
adversely affected. Some antidepressants could not only reverse the memory loss but could reverse the
shrinkage as well.
The implication was that the elevated brain glutamate, via excitotoxicity, was destroying brain connections 55 and later killing brain cells in the hippocampus and that the antidepressants were lowering brain glutamate
levels. Subsequent studies have confirmed that drugs that block excitotoxicity also reduce depression and that
some antidepressants reduce brain glutamate levels.
The Link Between Elevated Brain Glutamate and Inflammation 60
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A tremendous amount of research has now demonstrated the link between chronic low-level brain
inflammation, elevated brain glutamate levels and major depression. We know that as we age, the level of
inflammatory immune cytokines increase (such as interleukin-1ß (IL-1), IL-6 and TNF-a). That is, the level
of inflammation in our body increases, with high levels being seen at the extremes of life -- the 80s and 90s. 5
This progressive elevation in the body’s inflammation increases our risk of a number of inflammation-linked
diseases, such as cancer, arthritis, muscle weakness, fatigue, sleep disturbances, memory loss and confusion.
People with Alzheimer’s and Parkinson’s disease have even higher levels of these inflammatory cytokines --
much higher. 10
When inflammatory chemicals are elevated in the brain it makes brain cells more vulnerable to a number of
toxins, many of which are in the environment. One study demonstrated, using a series of sophisticated
techniques, that if brain cells were exposed to low levels of a pesticide there was little toxicity seen and that if
you exposed these same brain cells to an immune stimulant alone, little damage occurred. But if you first 15 exposed the brain cells to the immune stimulant, the same low dose of pesticide could destroy a great number
of brain cells.
The importance of this observation was that the vaccine made the brain cells hypersensitive to the toxin so
that even in concentrations that normally would do not cause harm, could wiped out most of the neurons. One 20 of the strongest connections between an environmental toxin (pesticides) and a neurological disorder is with
Parkinson’s disease. The reason it is more common in the elderly is that they have the highest levels of
inflammatory cytokines. This also explains the high incidence of Alzheimer’s disease, which reaches
incidences of 50% after age 80.
25 The link depression was also by accident. Doctors using immune cytokines to treat patients with cancer or
hepatitis found that one third of the patients developed major depressive illness within days of the treatment
and that it resolved only when the treatment was terminated. Other studies, in which inflammatory cytokine
levels were measured in people with major depressive illness, also found most had high levels of these
inflammatory chemicals. 30
To their surprise, they found that many of the antidepressant medications commonly used lowered
inflammatory cytokines levels and that patients who failed to respond had the highest level of the cytokines.
So, how is this linked to excitotoxicity? Neuroscientists have known for some time that inflammatory 35 cytokines cause the brain to release higher levels of glutamate -- the more intense the inflammation, the
higher the brain glutamate level. The highest levels are found in the prefrontal lobes and limbic system, the
areas most related to mood control. MSG also increases brain inflammation.
Vaccination and Brain Inflammation 40
A great number of studies have shown that when you vaccinate an animal, the body’s inflammatory cytokines
not only increase dramatically, but so do the brain’s inflammatory chemicals. The brain has its own immune
system that is intimately connected to the body’s immune system. The main immune cell in the brain is called
a microglia. Normally, these brain cells are lying throughout the brain in a resting state (called ramified). 45 Once activated, they can move around, traveling between brain cells like amoeba (called amoeboid
microglia).
In the resting state, they release chemicals that support the growth and protection of brain cells and their
connections (dendrites and synapses). But when activated, they secrete a number of very harmful chemicals, 50 including inflammatory cytokines, chemokines, complement, free radicals, lipid peroxidation products, and
two excitotoxins -- glutamate and quinolinic acid.
In essence, these brain immune cells are out to kill invaders, since the body’s immune system sent an
emergency message that an invasion had occurred. With most infections, this phase of activation last no more 55 than a few days to two weeks, during which time the immune system successfully kills off the invaders. Once
that is accomplished, the immune system shuts down to allow things to cool off and the brain to repair what
damage was done by its own immune system.
What researchers knew was that during this period of activation, people generally feel bad and that what they 60 experience closely resembles depression -- a condition called “sickness behavior”. Most of us have
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experience this when suffering from a viral illness -- such things as restlessness, irritability, a need to get
away from people, trouble sleeping, fatigue and difficulty thinking.
Studies have shown that there are two phases to this “sickness behavior”; one in which we have the flu-like
symptoms and a later onset of depression-like symptoms that can last awhile. They have also shown that all 5 of these symptoms are due to high levels of inflammatory cytokines in the brain, which come from activated
microglia.
A number of studies have also shown that after age 50, people have exaggerated and prolonged “sickness
behavior”, much more so than younger people. This is one of the reasons why many elderly hang onto flu 10 symptoms for months after exposure.
There is also another immune phenomenon that plays a major role in vaccine-related brain injury.
Researchers discovered that when you vaccinate an animal, the brain microglia immune cells turn on partially
(called priming), that is, they are in a state of high readiness. If the immune system is activated again soon 15 after (days, weeks to months), these microglia explode into action secreting levels of their destructive
chemicals far higher than normal. This overreaction can be very destructive and make you feel very
depressed.
Stimulating the immune system with a vaccine is far different than contracting an infectious illness naturally. 20 Vaccines are made of two components -- the agent you wish to vaccinate against -- for example, the measles
virus; and an immune system booster called an immune adjuvant. These adjuvants are composed of such
things as aluminum compounds, MSG, lipid compounds and even mercury. Their job is to make the immune
system react as intensely as possible and for as long as possible.
25 Studies have shown that these adjuvants, from a single vaccine, can cause immune overactivation for as long
as two years. This means that the brain microglia remain active as well, continuously pouring out destructive
chemicals. In fact, one study found that a single injection of an immune activating substance could cause
brain immune overactivation for over a year. This is very destructive.
30 Flu Vaccines and An Expanding Vaccine Schedule for the Elderly
Public health authorities and physician societies are in an all out campaign to have every elderly person
vaccinated every year with the flu vaccine as well as a growing number of newer vaccines. When I was
practicing neurosurgery, the hospitals had an automatic written order on all older patients’ charts mandating a 35 flu vaccine, unless it was countermanded by the physician, which I always did. Now, they are giving the
shots in malls, tents and every available site they can muster. And worse still, using lies and scare tactics to
frighten the elderly onto getting the shots (such as the bold lie of 36,000 elderly dying of the flu every year).
As you age your immune system, including that special immune system in your brain, releases significantly 40 more inflammatory immune cytokines than when you were younger. This serves to prime the microglia, as
discussed. So, when you get your first flu shot your microglia overreact and does so for a very long period --
perhaps years. Many elderly report that the flu shot gave them the flu. Proponents of vaccines, retort with a
condescending laugh, that it is impossible because the flu vaccine contains killed flu viruses. In truth, what
these people are reporting is a prolonged, intense “sickness behavior” response to the vaccine. To the body, it 45 is worse than getting the flu. Remember, no one is recording the number of elderly who die after getting the
flu shot, especially if they die months later, which can happen with sickness behavior, especially if they have
a preexisting chronic illness or are infirm.
Here is the shocking truth. With the elderly already having increased inflammatory cytokine levels both 50 systemically and in their brain, stimulating these primed microglia so that a chronic overstimulation of the
brain’s immune system is triggered, will not only increase their risk of developing one of the
neurodegenerative diseases, but will also substantially increase their risk of developing major depression.
Remember, this also increases their risk of suicide and even homicide dramatically.
55 Anxiety is a major problem with depression, and vaccinations will greatly worsen the condition. In fact,
vaccination, especially multiple vaccinations, will maintain the brain in a state of inflammation that will be
self-perpetuating, because the excess release of glutamate in the brain, as well as glutamate in the diet, will
further enhance microglial activation and excitotoxicity.
60 Those who are prone to developing one of the neurodegenerative diseases, such as Alzheimer’s disease or
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Parkinson’s disease will be at a drastically increased risk as we have seen experimentally when even animals
exposed to subtoxic concentrations of environmental toxins and vaccinated develop neurologic worsening.
Most people use pesticides in their home and studies have shown that the concentrations in homes are
sufficient to trigger Parkinson’s disease in susceptible people. Vaccinations, as these studies have shown, will 5 greatly increase risk. Most doctors are completely unaware of this important research.
You must keep in mind that “health authorities” urge the elderly to get the flu vaccine each and every year.
This will keep the microglia in a primed and even activated state continuously. Recently, neurologists
announced that the incidence of neurodegenerative disease had been grossly underestimated and that 10 neurological diseases of aging were increasing at a frightening rate. They have no explanation. Over the last
three decades the number of elderly receiving yearly flu vaccines has risen from 20% before 1980 to over
60% today.
If this were not depressing enough, now the public health authorities and medical specialty societies are 15 adding a whole new set of vaccines for those above 50 years of age, including the pneumococcal and
meningiococcal vaccines. What is being completely ignored by the promoters of these vaccines is the effect
of multiple doses of immune adjuvant that accompany each of these vaccines.
Lets, say you see your doctor and he talks you into getting the flu vaccine, the pneumococcal and 20 meningiococcal vaccine all during the same office visit. That way, he can save you extra office visits. What
your doctor ignores is that he is giving you three doses of powerful immune adjuvant all in one sitting,
which means that your body and brain are assaulted by a massive dose of powerful immune activators, which
have been proven to activate the brain’s immune system to dangerous levels, even when given as a single
dose. Proof of this mechanism exists not only in animal studies, but in humans as well. 25
Mercury and Aluminum
There are other ways that vaccines can cause havoc in the brain. Most vaccines contain aluminum
compounds. A multitude of studies have shown that aluminum, especially if combined with fluoride, is a 30 powerful brain toxin and that it accumulates in the brain. With each vaccine injection, a dose of aluminum is
given. These yearly aluminum inoculations accumulate not only at the site of the injection, but travel to the
brain, where it enters neurons and glial cells (astrocytes and microglia). A number of studies have shown that
aluminum can activate microglia and do so for long periods. This means that the aluminum in your
vaccination is priming your microglia to overreact. The next vaccine acts to trigger the enhanced 35 inflammatory reaction and release of the excitotoxins, glutamate and quinolinic acid.
You must also appreciate that any infection, stroke, head injury or other toxin exposure will also magnify this
inflammatory brain reaction initially triggered by your vaccines. Studies have now indicated that the more
one’s immune system is activated the more like he or she will suffer from one of the neurodegenerative 40 diseases.
Mercury is also a powerful activator of brain microglia and can do so in extremely low concentrations-in
nanomolar amounts. Because of its numerous reactions with sulfhydral compounds in the body (which are
ubiquitous), mercury can poison a number of enzymes both systemically and in the brain. Of special concern 45 is the ability of mercury, especially ethylmercury (the kind found in vaccines called thimerosal) to inhibit the
regulation of brain glutamate levels. (It does this by inhibiting the glutamate transfer proteins that control the
removal of glutamate from outside the neuron, where it does its harm.)
In essence, mercury, in the concentrations being injected with vaccines, triggers excitotoxicity, increases 50 brain free radicals and lipid peroxidation products, inhibits critical brain enzymes, inhibits antioxidant
enzymes and impairs DNA repair ability. The flu vaccine contains enough mercury to do all of these things.
You must keep in mind that each flu vaccine adds to the mercury supplied by your last vaccine, that is, it is
progressively accumulating in your brain.
55 In addition, the aluminum in the vaccines also primes microglia and when combined with mercury is
infinitively more toxic to the brain. Now, if this is not enough, we also have to consider the contamination of
vaccines with foreign viruses and viral components. Studies have shown that this is not a rare occurrence,
with up to 60% of vaccines being contaminated in one study of several major manufactured vaccines. When
confronted with this fact, vaccine proponents just shrug their shoulders and say -- “We don’t think these 60 things are harmful.”
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Yet, the studies say otherwise. It has been found that insertion of viral fragments, not even the whole virus, is
sufficient to trigger the brain’s microglial system and subsequent excitotoxicity, leading to progressive brain
degeneration. This is accepted to be the mechanism by which the HIV virus causes dementia in a great
number of AIDS victims. Fragments of the virus (gp140 and Tat) are engulfed by the microglia and this 5 triggers chronic brain inflammation and excitotoxicity. The herpes virus and measles virus can do the same
thing.
Danger of Live Virus Vaccines 10 A number of studies have shown that live viruses used in vaccines can enter the brain and reside there for a
lifetime. One such study, in which autopsied elderly were examined for the presence of the measles virus,
found that 20% of the brains had live measles viruses and 45% of other organs were infected. These viruses
were highly mutated, meaning that they could be just as potent as other measles viruses, but could be even
more virulent. Worse, is that in most cases they cause a smoldering destruction of tissues without the obvious 15 symptoms of infection, which has been shown in a number of studies.
Live virus vaccines are made using a process to attenuate the pathogenic or disease-causing virus by passing
it through a series of cultures. The problem is that the reverse can also happen within the body. A number of
studies have shown that when we produce free radicals in our body (and we produce tons of such radicals 20 over a lifetime), it mutates the viruses residing in our tissues. This is what was found in the autopsy study I
referred to above.
Likewise, these viruses can trigger brain inflammation and degeneration, which has been shown in a number
of studies-that is, there exist a chronic degeneration of the brain over years or decades. Because it is so far 25 separated from the time of the original vaccine, physicians just attribute it to old age or heredity, anything but
the vaccines.
Virologists are also concerned that such mutated live viruses can also infect other people, leading to
outbreaks of disease totally unsuspected by health authorities. 30
Conclusion
Current recommendations by the CDC for adult vaccinations include a total of 14 separate inoculations with
infectious agents and powerful immune adjuvants. To be fair, some of these are for special medical risks and 35 conditions, such as high-risk behaviors, illegal drug use and HIV infected individuals. If we eliminate these,
women will be exposed to 10 inoculations and men 7, should they follow CDC guidelines, which doctors
follow.
According to CDC recommendations, multiple vaccinations for a single disease are separated by no more 40 than 4 weeks, which is close enough together to produce priming and subsequent hyperactivation of brain
microglia. We have seen that this can trigger a smoldering process of brain inflammation and excitotoxicity
that can not only result in depression, anxiety and high suicide rates, but can increase one’s risk of developing
one of the neurodegenerative diseases as well.
45 We have also seen that in many cases a person will be injected with several vaccines during a single office
visit and that this means their body is exposed to a very large dose of immune adjuvant. Compelling studies,
using many animal species as well as humans, have shown that this overactivates brain inflammatory
mechanism that can last for years.
50 In addition, several additives to vaccines, such as mercury and aluminum, are powerful brain toxins that are
known to accumulate in the brain over years and can trigger brain inflammatory/excitotoxic mechanisms.
Vaccine contaminants, such as bacteria, mycoplasma and viral fragments can also produce prolonged brain
inflammation and neurodegeneration.
55 Because the elderly already have high levels of inflammatory cytokines, they are at a special risk. The very
young (babies and small children) are at a high risk because their brains are undergoing the most rapid
development at the very time they receive the greatest number of vaccinations -- the first two years of life. In
fact, they receive 22 vaccines during the first year of life, one of which contains a full pediatric dose of
mercury. Like adults, they receive many inoculations (up to 9 inoculations) in one office visit. This is insane 60 and in my estimation, criminal.
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Nasal flu vaccines are even worse, because they introduce a live virus into the nasal passages, which can then
travel along the olfactory nerves, which leads to the very part of the brain first and most severely affected by
Alzheimer’s disease. A number of studies have shown that viruses and bacteria can pass along this route to
the brain. In fact, in one study scientists sprayed a bacterium into the nose of mice and observed a rapid 5 development of Alzheimer’s type plaques in the mouse’s brain.
So, what should older people do? First, studies have shown that the primary cause of immune deficiency in
the elderly is purely dietary. The carotenoids, such as beta-carotene, alpha-carotene, canthaxanthin, lutein and
lycopene significantly enhance the immunity of the elderly. Zinc, magnesium and selenium are also essential. 10 One should also avoid omega-6 oils (the vegetable oils-corn, safflower, sunflower, canola, soybean and
peanut oils), since they greatly enhance inflammation and depress immunity. The EPA component of fish oils
(omega-3 oils) is also a powerful immune suppressant. DHA is not. A healthy immune system means that you
can fight infections efficiently and rapidly.
15 Regular exercise, such as brisk walking or weight exercises three to five times a week also boost immunity,
while extreme exercise suppresses immunity. Sugar and refined carbohydrates also suppress immunity and
inflame the brain. Exercise protects the brain from aging effects and from degeneration.
Adequate sleep is also vital to both brain health and good immune function. Pubic health officials and 20 spokesmen for the major medical societies are lying to the public concerning vaccine safety. We now possess
sufficient information from a great number of studies to halt this disastrous vaccine policy. We are facing a
medial disaster in this country, which is already well on its way.
25 1. McGeer PL and McGeer EG. Local neuroinflammation and progression of Alzheimer’s disease. J
Neurovirology 202; 8: 529-538.
2. Tavares RG, et al. Quinolinic acid stimulates synaptosomal glutamate release and inhibits glutamate uptake
into astrocytes. Neurochem Int 2002; 40: 621-627.
3. Eastman CL, et al. Increased brain quinolinic acid production in mice infected with a neurotropic measles 30 virus. Exp Neurol 1994; 125; 119-124.
4. Glass JD and Wesselingh SL. Microglia in HIV-associated neurological diseases. Microsc Res Tech 2001;
54: 95-105.
5. Turowski RC and Troozzi PL. Central Nervous System toxicities of cytokine therapy: In: Plotnikoff NP, et
al, Eds. Cytokines, Stress and Immunity. Boca Raton, CRC Pres, 1998, pp 93-114. 35 6. Mrak RE, et al. Glail cytokines and Alzheimer’s disease: Review and pathogenic implications. Human
Pathol 1995; 26: 816-823.
7. Klatschmidt C, et al. Stimulation of inotropic glutamate receptors activates transcription factor NFkB in
primary neurons. Proc Nat Acad Sci USA 1995; 92: 9618-9622.
8. Gao HM, et al Distinct role for microglia in rotenone-induced degeneration of dopaminergic neurons. J 40 Neurosci 2002; 22: 782-790.
9. Dyatlov VA et al. neonatal lead exposure potentates sickness behavior by Listeria monocytogenes
infection in mice. Brain Behav Immun 2002; 16: 477-492.
10. Nakai Y, et al. Apoptosis and microglial activation in influenza encephalopathy. Acta Neuropath (Berl)
2003; 105: 233-239. 45 11. Anderson T et al. NMDA-receptor antagonist prevents measles virus-induced neurodegeneration. Eur J
Neurosci 1991; 3: 66-71.
12. Conner TJ, et al. Depression stress immunological activation: the role of cytokines in depressive
disorders. Life Sciences 1998; 62: 583-606.
13. Renault PF, et al. Psychiatric complications of long-term ineterferon-alpha therapy. Arch Internal 50 Medicine 1987; 147: 1577-1580.
14. Adams F et al. Neuropsychiatric manifestations of human leukocyte interferon therapy in patients with
cancer. JAMA 1984; 252: 938-941.
15. Broderick PA, et al. Interleukin-1a alters hippocampal and norepinephrine release during open field
behavior in Sprague-Dawley animals: differences from the Fawn-Hooded animal model of depression. Prog 55 Neuropsychopharmacol Biology 2002; 26: 1355-1372.
16. Katayama Y, et al. Detection of measles virus nucleoprotein mRNA in autopsied brain tissues. J General
Virology 1995; 76: 3201-3204.
17. Nicolson GL et al. High frequency of systemic mycoplasma infections in Gulf War Veterans and civilians
with amyotrophic lateral sclerosis. J Clin Sci 2002; 9: 525-529. 60 18. Blaylock RL. Interaction of cytokines, excitotoxins, and reactive nitrogen and oxygen species in autism
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spectrum disorders. JANA 2003; 6: 21-35.
19. Blaylock RL. Central role of excitotoxicity in autism. JANA 2003; 6: 7-19.
20. Blaylock RL. Food additive excitotoxins and degenerative brain disorders. Medical Sentinel 1999; 4: 212-
215.
21. Blaylock RL. Chronic microglial activation and excitotoxicity secondary to excessive immune 5 stimulation: Possible factors in Gulf War Syndrome and Autism. J Amer Phys Surg 2004; 9: 46-51.
22. Pilc A, et al. Mood disorders: regulation by metabotropic glutamate receptors. Biochem Pharmacol 2007;
(Epub ahead of print)
23. Palucha A, Pilc A. The involvement of glutamate in the pathophysiology of depression. 2005; 18: 262-
268. 10 24. Paul IA, Skolnick P. Glutamate and depression: clinical and preclinical studies. Ann NY Acad Sci 2003;
1003: 250-272.
25. Pittenger C, et al. The NMDA receptor as a therapeutic target in major depressive disorder. CNS Neurol
Disorders Drug Targets 2007; 6: 101-115.
26. Magaki S et al. Increased production of inflammatory cytokines in mild cognitive impairment. Exp 15 Gerontol 2007; 42: 233-240.
27. Gao H-M et al. Synergistic dopaminergic neurotoxicity if the pesticide rotenone and inflammogen
lipopolysacchride: relevance to the etiology of Parkinson’s disease. J Neurosciences 2003; 23: 1228-1236.
28. Holmes C et al. Systemic infection, interleukin 1ß, and cognitive decline. J Neurol Neurosurgery
Psychiatry 2003; 74: 788-789. 20 29. Godbout JP et al. Exaggerated neuroinflammation and sickness behavior in aged mice after activation of
the peripheral innate immune system. The FASEB J 2005; 19: 1329-1331.
30. Perry VH et al. The impact of infection on the progression of neurodegenerative disease. Nature Rev
Neuroscience 2003;4: 103-112.
31. Feiring B et al. Persisting responses indicating long-term protection after booster dose with 25 meningococcal group B outer membrane vesicle vaccine. Clin Vaccine Immunology 2006; 13: 790-796.
32. Vaccine Excepients and Media Summery Center for Disease Control and Prevention. (also the source for
recommended vaccines for adults and children).
END QUOTE EMAIL
30
And while it might be nice for the Federal Government to wanting to provide funding to the
States for roadworks, in reality it is none of the Commonwealth Business as it is an internal State
matter.
I do have however concerns that the states handed down a budget (at least Victoria) prior to the 35
Commonwealth and now find to be left so to say high and dry by cut in funding’s. This contrary
to your promises during the election.
.
People are sick and tired of politician s claiming they didn’t know what the state of the budget
was during the election, when they were notably using it as an election issue. There was no 40
consensus by the electors for you to breach your promises, as while they desire you to reduce the
debt they expected you to do so without braking any promises. And, as I indicated above as an
example the reducing of dangerous immunisations would make a huge difference to the bottom
line of the budget. The fuel tax increases also are not designed to reduce the debt burden, and so
another promise you could have kept as not to increase taxes or new taxes to be made. 45
And if the budget line was so important then why did Joe Hockley without any Appropriation
Bill having been passed for it and so without any Parliament approving this transfer $8 billion
dollars to the Reserve Bank of Australia, which I understand is a private corporation? Hansard 17-2-1898 Constitution Convention Debates QUOTE 50
Mr. OCONNOR.-I will come to that. Mr. Wise seems to be of opinion that there is some power
implied in the Constitution to give such aid. Now, from the consideration and study which I have been
able to give to the Constitution, I have no hesitation whatever in saying that there is no such power
implied. The Constitution is formed for certain definite purposes. There are definite powers of legislation and
definite powers of administration, and the clause that the Right Hon. Sir John Forrest called attention to 55 just now-clause 81-expressly provides that the revenues of the Commonwealth shall form one
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consolidated fund, to be appropriated for the public services of the Commonwealth in the manner and
subject to the charges provided in this Constitution.
Again: “expressly provides that the revenues of the Commonwealth shall form one consolidated fund”, and
as such not some Future Funds or some $20 billion for science research funds, etc, in accounts
that are not part of Consolidated Revenue Funds.. 5
There is a lot more to it all but it should be clear different ways to reduce the deficit without
breaking any election promises.
A man who cannot be trusted on his worth is a low life. 10
I look forwards to your detailed reply!
Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit) 15
MAY JUSTICE ALWAYS PREVAIL®
(Our name is our motto!)