Paul M. Carrick v. Tamyra Ann Rice, et al.

The Stated purpose of the Legislature in the Homestead Act of 1862 is “To secure Homesteads for actual settlers on the Public Domain.” It is a condition of California’s Statehood to freely allow settlers on the Public Domain but California is al­ lowing settlers to be charged for securing their Homestead. But California State subsidiary Santa Cruz County charges them a fee for their Home­ stead (see APPENDICES D and E). The problem of States charging citizens for doing business with the federal government is not new Relying on U.S. Constitution Article 1 Section 8 “To make all Laws which shall be necessary and proper.” The Supreme Court ruled in 1819 against Maryland’s taxing a user of a U.S. Bank, (McCul­ loch v. Maryland, 17 U.S. 316). With the similarity between U.S. Constitution Article 4 Section 3 clause 2, Congress “shall have Power to dispose of and make all needful Rules and Regulations re­ specting the Territory or other Property belonging to the United States” and Article 1 Section 8, the Plaintiff seeks redress for fines and destruction of his Homestead built in compliance with Home­ stead Certificate 4889 when he refused pay local building regulators the way McCulloch refused to pay taxes to the State of Maryland.

Certificate 4889 appears as fulfillment of only the first requirement of United States Constitution Article 4 Section 3 Clause 2 to dispose of Territory belonging to the United States. The other require­ ments include “to make all needful Rules and Reg­ ulations respecting the Territory.” As one of the