Roy G. Callahan, USN, Ret.

1529 NW 143rd StreetGainesville, Florida 32606Tel: (352) 332-9144Fax: (352) 332-9144call6603@bellsouth.net

Thursday, February 19, 2015

Senator Marco Rubio317 Hart Senate Office BuildingWashington, D.C. 20510

Ted Yoho511 Cannon House Office BuildingWashington, D.C. 20515

Gentlemen:

Article 1, Section 8, Clause 17, defines property rights and federal limits thereto. It defines the parameters under which the federal government may obtain property from its creator, the states:

To exercise exclusive Legislation in all Cases whatsoever, over such District, (not exceeding ten miles square) as may, by Cession of particular States and the Acceptance of Congress, become the Seat of Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the States in which the Same shall be, for the Erection of forts, magazines, Arsenals, dock-yards, and other needful buildings.

At indicated a constitution mandates the land inside the each state belong to the state exclusively. The only exception permitted is the federal entity having authority to exercise authority over all Places purchased by the Consent of the Legislature of the State.

One of the cornerstones of American freedom is the individuals right to own property. Absent property rights people are slaves. The Bundy fiasco revealed millions of Americans living west of the Mississippi live on illegally created split estates. Forty-nine States practicing British Common law derived their rights from that law. The exception is Louisiana, which derived its laws from the French and Napoleonic Code.

Split estates arise when the original owner divests, through agreement or a legal instrument, the subsurface portion of his property called the Mineral Estate. There is no record proving western state legislatures gave up their mineral rights when they attained statehood thus rendering federal claims to the contrary fraudulent. In fact the record shows the nexus of this fraud/criminality occurred when a Marx loving progressive named Woodrow Wilson signed into law the Stock Raising Homestead Act passed by Congress in 1916. This law allowed a settler to claim 640 acres of non-irrigable land that had been designated by the Secretary of the Interior as "stock raising" land. At a time when mineral exploration was beginning to escalate, the federal government decided to keep the mineral rights to the land claimed under that 1916 unconstitutional law violating the spirit and intent of the constitutional passage cited above.

The language in the SRHA for this mineral reservation reads: Excepting and reserving, however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat., 862). The term other minerals includes but is not limited to leasable minerals (oil, gas, geothermal, phosphate, sodium, and potassium), locatable minerals (gold, silver, copper, gypsum, and bentonite), and mineral materials (including sand, gravel, scoria, pumice, and stone).

In 1982, a Criminal Supreme Court who knew, or should have known the SRHA mineral reservation was illegal, further ratified Congress and Wilsons fraud /criminality to include substances that:

are mineral in character, are inorganic, can be taken from the soil, can be used for commercial purposes, were not intended to be included in the surface estate, have a separate value, are not necessarily metalliferous, and May not necessarily have a definite chemical composition.

Laws enacted extra-constitutionally are illegal on face at the time of enactment. The constitution is specific on this issue making this Stock Raising Homestead Act authored by

a criminal congress signed into law by a criminal president and reaffirmed by a criminal supreme court

Illegal since the only way to enact laws like this legally is to amend the constitution permitting enactment.

The tragedy of this fraud and criminal activity is many folks buying land never think to ask if mineral rights comes with it, 99.9% of the time it does not. They purchase property believing it is theirs. Even scarier and more criminal is the fact most real estate agents know nothing and have no clue regarding how to go about finding out who does own the property. Most transactions are so muddled and intertwined with businesses and agencies it is extremely difficult to proof ownership.

Settled law cannot stand and remain settled if it is unconstitutional. Your oaths impose and obligation and duty to fix problems lawless congresses before yours created. Both of you took an oath to support and defend the Constitution. If your oath means anything, it is time to honoring it. This record and many others proves the courts are corrupt and the ballot box no longer works. This leaves the cartridge box given to us by the founders through the second Amendment as the only option to end the lawlessness visited upon ordinary Americans. If you want to prevent future Bundy crises, I suggest you act accordingly.

Looking forward to your reply, I remain,

Yours in the Bill of Rights,

Roy G. Callahan Cuban Missile Crisis/Vietnam VeteranRetired Investigator, Public Defenders Office, 8th Judicial Circuit

Fax copy to Florida house members and all Republican Senators.Bundy family et al. Page 1 of 1