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CHAPTER.1
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1994-04-25
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March 21, 1993
Dear Shareware Reader,
You have received a new type of shareware product, that new
product is law-on-disk. This disk contains several hundred
points and authorities (case cites) that you can use in your
legal paperwork.
I have taken great care in collecting the enclosed cites from
various legal documents and databases. The cites that you will
see are current, and useful.
However, as an example (and statement), I have provided some
rather old ones, for you education in what law once was - and
to stress the importance of yearly updates.
Please do not use any on the following in ANY motion, brief or
oral argument. They are for information and curiousity only...
"Criminal Act 14, provides, "No black, or mulatto person, or
Indian shall be allowed to give evidence in favor of, or against a
white man." People v. Hall (1854), 4 C. 399.
"Civil Practice Act 394, provides, "No Indian or Negro shall
be allowed to testify in any action in which a white person is a
party." People v. Hall (1854), 4 C. 399.
"The words, "Indian," "Negro," "Black" and "White," are
generic terms, designating race. Therefore, Chinese and all other
people not white, are included in the prohibition from being
witnesses against whites." People v. Hall (1854), 4 C. 399.
"People v. Hall (4 C. 399), excluding Chinese witnesses in
suits to which white persons are parties, is affirmed." Speer v.
See Yup Co. (1859), 13 C. 73.
"The indicium of color is not an infallible test of the
competency of a witness, under the act excluding blackes,
mulattoes, and Indians, from testifying for or against white
persons." People v. Elyea (1859), 14 C. 144.
"It may be a sufficient test in many cases, but only when it
is so decided as to leave no doubt of the race to which the witness
belongs." People v. Elyea (1859), 14 C. 144.
"In a criminal action against a white person, a black or
mulatto person--though the injured party--cannot, under the
statute, be a witness against the defendant." People v. Howard
(1860), 17 C. 63.
"The words "in favor of or against any white person," in the
act prohibiting persons of one-half or more Indian blood, or
Mongolian, or Chinese, from giving evidence, refer to the defendant
alone in a criminal action. (Per Sanderson, C. J.)" People v. Awa
(1865), 27 C. 638.
"A defendant in a criminal case who is a Chinaman is entitled
to produce Chinese witnesses in his behalf." People v. Awa (1865),
27 C. 638.
"The fourteenth amendment to the Constitution of the United
States does ot conflict with the power of the legislature in the
exercise of its discretion to exclude Chinamen from the right to
testify in the state courts." People v. Brady (1870), 40 C. 198,
6 Am. Rep. 604, overruling People v. Washington (1869), 36 C. 658.
"Crimes Act 14, as amended in 1863, provided that no
"Indian, Mongolian or Chinese shall be permitted to give evidence
in the courts of the stae in favor of or against a white man," is
not in conflict with constitutional amendment 14, which provides
that persons born or naturalized in the United States are citizens,
etc., that no state shall make any law abrogating the privileges or
immunities of citizens, nor deprive any person of life, liberty or
property without due process of law, nor deny to any within its
jurisdiction the equal protection of the laws; since the
restrictions by such amendment imposed on states relate to
substantial personal rights of liberty, property, etc., and do not
extend to mere rules of evidence." People v. Brady (1870), 40 C.
198, 6 Am. Rep. 604, overruling People v. Washington (1869), 36 C.
658.
"The evidence of a Chinaman cannot be admitted to prove a
white man guilty of manslaughter." People v. Harrington (1872), 1
C.U. 768.
As you have probably figured by now, those laws are totally
unfair. I personally detest them, but they are the best way
that I could show you what happens, in law, as the years go
by. The above is a perfect example of what happens when you do
not have current laws. Could you see yourself going into court
to win a case with those laws in your argument?
You MUST be up to date. That is why registeration of legal shareware
is so important. With registration, you shall be kept to date with
notices on new releases, you will receive hundreds more case cites,
statutes, codes, laws, and much, much more!
All that for just a $29.95 one-time registration fee.
To register this disk, and to receive volume II of this disk, send a
$29.95 check or money order, payable to "ALH." Send it to:
David Starr
9016 Wilshire Blvd, #231
Beverly Hills, California
(no zipcode required)
Upon receipt, you be rushed out your copy of Volume II. When
you send the registration fee in, please say that you are
registering disk #1761, the Points and Authorities disk, and also
mention if you want in on 3.5 or 5.25 inch disk. If you do not
specify, you will get it on 5.25 inch ones.
Very Truly Yours,
David W. Starr