Supplemental PleadingCase No. 1:15-CV-00002-SLG . 1

IN THE UNITED STATES DISTRCT COURTFOR THE DISTRICT OF ALASKA

Gordon Warren EpperlyP.O. Box 34358Juneau, Alaska 99803

Tel: (907) 789-5659e-mail: enter7740@14th-amendment.com

Gordon Warren Epperly,Sui Juris Petitioner,

vs.,

State of Alaska,Respondent,

vs.,

The United States of America,[UNITED STATES],

Respondent.

)))))))))))))

Motion for Supplemental Pleading

Petition For A Redress Of Grievance

Oral Arguments of U.S. Supreme Courtand

Contracts of Federal Land Patents

COMES NOW THE PETITIONER, GORDON WARREN EPPERLY, hereby moves the Court to

allow this “Supplemental Pleading” to be entered into the record of the Court.

District Court Case No. 1:15-CV-00002-SLG

Supplemental PleadingCase No. 1:15-CV-00002-SLG . 2

Oral Arguments of the U.S. Supreme Court

1. On page fifteen (15) of the Petitioners’ “Petition for Redress of Grievance,”

the Petitioner, Gordon Warren Epperly cited the U.S. Supreme Court case

of “Gonzales (Ashcroft) vs. Raich. 545 U.S. 1” in support of his “Petition.” As this

U.S. Supreme Court case address’ several issues of the “Petition” of the Petitioner,

the “Oral Arguments” of that case is relevant to the “Petition” and would be of interest to

the Judicial Officer of the above named Court. The “Oral Arguments”

of “Gonzales (Ashcroft) vs. Raich” (supra.) may be accessed on the Internet at:

“http://tinyurl.com/o85n26a” and it is being supplied with a PDF File copy of the case on

a “Computer Diskette” for the convenience of the Respondents and of the Court.

This “Oral Argument” of “Gonzales (Ashcroft) vs. Raich” was not available to the Petitioner

at the time of his filing of the original “Petition for Redress of Grievance.”

Contracts of Federal Land Patents

2. There is another “Controversy” that needs to be addressed and that is

the conflict of the “Powers” of the “U.S. Congress” to regulate the commercial movement

of “Marijuana” under the “Controlled Substance Law” of “The United States of America” /1

and the “Powers” of the “U.S. Congress” to dispose the “Lands” of the “United States” into

private “Homestead” ownership of the “People.” The “Controlled Substance Law” is in

direct conflict with the “Contract” provisions of the “Homestead Land Patent” declarations

of the expressed “Rights,” “Privileges,” and “Immunities” of the “Petitioner” and

his “Spouse” to the unrestricted use, excluding the reservations, of their “Patented Land”

which implies, but not limited to, cultivation, distribution, sale, and use of “Marijuana.”

1/ see The Controlled Substances Act, 84 Stat. 1242, 21 U.S.C. §801 et seq., Full text of the “Federal ControlSubstance Law” may be found on the Internet at: “http://tinyurl.com/3mau7kd”.

Supplemental PleadingCase No. 1:15-CV-00002-SLG . 3

3. During the days that “Alaska” was a “Territory,” the “U.S. Congress”

disposed much of the land of the “Territory” into private “Homestead” ownership. /2

These “Homesteads” are protected with “Federal Land Patents” which carries expressed

“Rights” of the “Claimant,” “Heirs,” and “Assignees” which “Rights” that are “Perpetual”

and without end:

“NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration ofthe premises, DOES HEREBY GRANT unto the said claimant[Mathilda Katherine Streed] and to the heirs [Esther Katherine Epperly] of the saidclaimant the tract above described [Lot 5 of the Mendenhall Peninsula SmallTract Unit No. 2, of the land embraced in U.S. Survey No. 3260, situate at thejunction of Glacier Highway and Engineers’ Cutoff about 11 miles northwestof Juneau, Alaska.] TO HAVE AND TO HOLD the same, together with allthe rights, privileges, immunities, and appurtenances, of whatsoever nature,thereunto belonging, unto the said claimant and to the heirs and assigns ofthe said claimant forever; subject to . . . .”

United States Patent Number 1188129 dated November, 14, 1958.“Land Patent” is attached as “Exhibit A1”

2/ e.g. “Act of Congress” of June 1, 1938 (52 Stat. 609), as amended by the “Act of Congress” of July 14, 1945(59 Stat. 467) and the acts supplemental thereto.

3/ The power to “Tax” is the power to destroy. The States are without authority to tax any power of the U.S. Congresswhich includes the power to dispose the lands of the United States (e.g. McCulloch v. Maryland,17 U.S. (4 Wheat.) 315 (1819)). At no time has the “U.S. Congress” authorized the State of Alaska to assess“ad valium taxes” upon “Homesteads” that are protected with “Federal Land Patents.”

4/ see Public Law 85-508, 72 Stat. 339, July 7, 1958. Full Text of the “Alaska Statehood Act” may be found on Internetat: “http://tinyurl.com/ptesbgj”.

4. The “U.S. Congress” has surrendered all of its authority over those

“Patented Lands” with the exception of the “Reservations” as expressed within

those “Land Patents.” The Respondent, “State of Alaska” is without authority to “regulate”

or “tax” /3 the “Rights” of the claimant, assigns, or heirs of those “Federal Homestead

Land Patents” as proclaimed within the “Alaska Statehood Act” /4 of July 7, 1958:

Supplemental PleadingCase No. 1:15-CV-00002-SLG . 4

“… Provided, That nothing herein contained shall affect any valid existingclaim, location, or entry under the laws of the United States, whether forhomestead, mineral, right-of-way, or other purpose whatsoever, or shallaffect the rights of any such owner, claimant, locator, or entryman tothe full use and enjoyment of the land so occupied.”[Emphases added].

See Sections 6(a) & 6(b) ofPublic Law 85-508, 72 Stat. 339, July 7, 1958

and restated within the Constitution for the State of Alaska:

“All provisions of the act admitting Alaska to the Union which reserve rightsor powers of the United States, as well as those prescribing the termsor conditions of the grants of lands or other property, are consentedto fully by the State and its people.” [Emphasis added].

Alaska State Constitution, Article XII, Section 13

4. There are no restrictions existing within the “Alaska Statehood Acts” or

within the “Homestead Land Patents” that restricts the use of the “Land” of the “Petitioner”

and “Spouse” to the cultivation, distribution, sale, or use of “Marijuana.”

As the “Federal Control Substance Law” was enacted several years after

the U.S. Congress proclaimed the “Rights,” “Immunities,” “Privileges” of the claimants,

heirs, and assigns within the “Homestead Land Patents” and within

3. The “Contract” provisions of the “Federal Land Patents” and of

the “Alaska Statehood Act” grants expressed “Rights” to the unlimited use of the “Land”

with exceptions of limitations of the “Land Patent” to the claimant, assigns, and heirs

within the “Alaska Statehood Act” and those “Rights” are proclaimed to be “perpetual” by

the U.S. Congress. These “Federal Land Patented Homesteads” are islands of

sovereignty existing within the boundaries of the State of Alaska.

Supplemental PleadingCase No. 1:15-CV-00002-SLG . 5

the “Alaska Statehood Act;” the “Law” of the “Federal Control Substances Acts” of

the “U.S. Congress” does not, and could not, apply to those “Federal Homesteads.”

PRAYER FOR RELIEF

WHEREFORE, the Petitioner request the following additional relief:

_____________________________________Gordon Warren Epperly - Petitioner

Certificate of Mailing

COMES NOW Petitioner, Gordon Warren Epperly, hereby certifies under penalties of perjury

that a true and correct copy of the above “Motion for Supplemental Pleadings with

Computer Diskette of Oral Arguments of the U.S. Supreme Court” have been Certified Mailed to:

1. Under the authority of 28 U.S.C. § 2201(a), a declaratory judgement stating

the “Rights” of the Petitioner to the unrestricted use of “Federal Patented

Homestead Land” for the cultivation, distribution, sale, and use of “Marijuana.”

Supplemental PleadingCase No. 1:15-CV-00002-SLG . 6

Certified Mail No.7013 1090 0000 6865 3234

State of AlaskaOffice of Attorney General

P.O. Box 110300Juneau, Alaska 99811-0300

Certified Mail No.7013 1090 0000 6865 3227

Civil Process ClerkOffice of U.S. Attorney222 West 7th Avenue

Anchorage, Alaska 99513

Certified Mail No.7013 1090 0000 6865 3203

U.S. Justice Department950 Pennsylvania Ave, NW

Washington, D.C. 20530-0001

by depositing said “Motion for Supplemental Pleadings with Computer Diskette

of Oral Arguments of the U.S. Supreme Court” with the U.S. Postal Service, Mendenhall Station,

at Juneau, Alaska.

Dated this Fourteenth day of the month of May of the yearof our Lord Jesus the Christ, Two-Thousand and Fifteen .

Seal

_________________________________Gordon Warren Epperly - Affiant

SUMMARY OF CHAIN OF INHERITANCE

“Land Patent” issued to “Mathilda Katherine Streed,” the mother of “James Donald Madsen” and

grandmother of “Esther Katherine Epperly.”

The “Land Patent” passed on to “James Donald Madsen” upon the death of “Mathilda Katherine Streed.”

This right of passage is secured by a “Statutory Warranty Deed” as recorded in Book 181, Page 191 of

the Alaska Recording District 101 at Juneau, Alaska.

The “Land Patent” passed on to “Gertrude Edna Madsen” as sole “heir” being the wife

of “James Donald Madsen” upon the death of “James Donald Madsen.”

The “Land Patent” passed on to “Esther Katherine Epperly (Madsen)” upon the death of her mother,

“Gertrude Edna Madsen” on June 19, 2013. With the inheritance of the “Land Patent” as the next of kin,

“Esther Katherine Epperly” has become the “Allodial” land owner of the above described “Land Patent.”

The Obituary of “Gertrude Edna Madsen” was published in the “Juneau Empire” at Juneau Alaska

on June 25, 2013. This right of passage of “Land Patent” is secured by intent of a “Statutory Warranty Deed”

dated May 20th 1968 and is recorded in Book 208, Page 287 of the Alaska Recording District 101 and by intent

of a “Quitclaim Deed” as recorded in the Alaska Recording District 101 as No. 2008-007636-0

on August 5th, 2008.

SUMMARY OF CHAIN OF TITLE

Name Name Book Page Date

USA Land Patent #1188129 to Mathilda KatherineStreed

BLMDocument

No. 010443

BLMSerial No.

AKJ 010443Nov. 14, 1958

Mathilda Katherine Streed to James D. Madsen andEsther K. Epperly 181 191 May 20, 1968

James D. Madsen andEsther K. Epperly to

Esther K. Epperly,Niels P. Epperly, and

Bobbi J. Epperly208 287 Feb. 07, 1983

Esther K. Epperly,Niels P. Epperly, and

Bobbi J. Epperlyto Esther K. Epperly and

Niels P. Epperly 529 012 Oct. 07, 1999

Esther K. Epperly to Esther K. Epperly andNiels P. Epperly

Recording Dist:1012002-000631-0 Jan 18, 2002

Esther K. Epperly andNiels P. Epperly to Esther K. Epperly Recording Dist. 101

2002-000604-0 Jan. 24, 2002

Niels P. EpperlyEsther K. Epperly to Esther K. Epperly and

Gordon W. EpperlyRecording Dist. 101

2004-004938-0 June 14, 2004

Esther K. Epperly andGordon W. Epperly to Esther K. Epperly and

Niels P. EpperlyRecording Dist. 101

2004-005078-0 June 16, 2004

Esther K. Epperly andNiels P. Epperly to Esther K. Epperly Recording Dist: 101

2008-007636-0 July 25, 2008

Gordon W. Epperly (spouse) to Esther K. Epperly Recording Dist: 1012009-000122-0 Jan. 09, 2009

Note: The above listing of recorded “Deeds” is flawed as shown with the insertedblue lettered words and with stricken words. The errors do not change the legal status ofEsther Katherine Epperly as being the sole owner of the land under the “Land Patent.”The name of “Esther K. Epperly” appears on every “Deed” in the above listing.

/ / / / /

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enter69@usa-the-republic.com

Typewritten text

Exhibit "A" - Page 3 of 7

enter69@usa-the-republic.com

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Exhibit "A" - Page 4 of 7

enter69@usa-the-republic.com

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Exhibit "A" - Page 5 of 7

Notice OfCongressional Amendments orAlterations to “Land Patents”

Congressional Removal of Land Patent Highway Right-of-WayEasement Reservation

Lot 5 of the Mendenhall Peninsula Small Tract Unit No. 2, of the landembraced in U.S. Survey No. 3260, situated at the junctionof Glacier Highway and Engineers’ cutoff about 11 miles northwestof Juneau, Alaska.

48 USC § 321A TO 325 - REPEALED.Section 321d, act June 30, 1932, ch. 320, § 5, as added July 24, 1947, ch. 313,61 Stat. 418, required a reservation of right-of-way for roads, roadways, highways,tramways, trails, bridges, and appurtenant structures in patents and deeds.

Effective Date of Repeal

Repeal of sections 321a to 325 effective July 1, 1959, see section 21(d) of Pub. L. 86–70set out as an Effective Date of 1959 Amendment note under section 103 of Title 23,Highways.

48 USC § 302 TO 308 – TRANSFERRED.Codification

Section 305, act Mar. 12, 1914, ch. 37, § 1,38 Stat. 505, which required patents toreserve rights of way to the United States, was transferred to section 975d of Title 43.Public Lands.

43 USC § 975C TO 975G - REPEALED.

Codification

Section 975d, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 307, required Alaskan patents tocontain reserve for right of way. Section was comprised of part of the last paragraphof section 1 of act Mar. 12, 1914. Section was formerly classified to section 305of Title 48

Additional Rights and Privileges added to“Land Patents”

Public Law 85-508 (Alaska Statehood Act)

Public Law 85-508 grants additional rights and privileges to those rights andprivileges stated within the United States Land Patents for Alaska.

At Section 4

“As a compact with the United States said State and its people do agree anddeclare that they forever disclaim all right and title to any lands or otherproperty not granted or confirmed to the State or its political subdivisions byor under the authority of this Act,” (Emphasis added)

Note: “Lands” that have previously been transferred into private ownershipby “Land Patents” are no longer within the jurisdiction of the United States(with the exception of the reservations stated within the Land Patents).The United States government is without authority to transfer ownership ofsuch lands to other individuals or to a new State being admitted intothe Union.

and at Section 6:

“Provided, That nothing herein contained shall effect any valid existing claim,location, or entry under the laws of the United States, whether for homestead,mineral, right-of-way, or other purpose whatsoever, or shall affect the rightsof any such owner, claimant, locator, or entryman to the full use andenjoyment of the land so occupied:” (Emphasis added)