fair v hodges, complaint for tro 71-572, dec-11-1971.pdf
TRANSCRIPT
7/27/2019 Fair v Hodges, Complaint for TRO 71-572, Dec-11-1971.pdf
http://slidepdf.com/reader/full/fair-v-hodges-complaint-for-tro-71-572-dec-11-1971pdf 1/4
I i THE U.S. DISTRICT COURT1 MID. FIA. 1 TAMPA DIV. 71-572 «CIV=.T
JIM FAIR., Plaintiff ,
VSo.
w T. HODGES AND
u0 S. GOVERBMENT,
' ._Bj iShdi fO Defendants.
COMPJ.A.INT, FOR INJUNCTION (THO)
Comes new plait iff Jim Fair, pro se, and fi les this his complaint seeking
a Temporary Restraining Order, and as grounds shows:
1. Jurisdiction l ies here as the United States Government is named defendant. J i ~ / a S ~ ; · for denial to plaintiff and others of his ~ O f the right to petition for re
dress of grievances, and of the right to due process and equal protection of the
law, as per U. 11K Constitution; further, i t l ies here as defendant W.T. Hodges
is a U. S. District Coutt judge subject to being sworn in Dec. 28, 1971, without
time being allowed to contest same;
2. Plaintiff is a U.S. citizen-elector-taxpayer, and resident of Tampa, Fla. ,
who works ~ o l e l y within the system to give Americans hope within that system, and
· th · t · · i h"pC ie brlngs 18 ac lon to glve b m and others ~ b y insuring h s and others Con
stitut10nal Rights are protedted;
3. Protection thereoop failed in that on Dec. 8th U. S. Presidnt Nixon n o m i n a t ~ed tor U. S. Ddstrict Court Judge, here, defendant Hodges who was confirmed by the
U. S. Senate on Dec. 11th; s u c ~ a s t e stopped plaintiff and others form petitioning
U. S. Senators as to said Hodges shortcomings, as Plaintiff did not receive news
of said nomination unti l Dec. 9th and mail alone takes several days f»om Tampa
to Wn., D. C.;
4. Such rubber-stamp confirmation in hours establishes or continues a dan
gerous precedent meriting review by this Court to allow citizens to have time in"which to voice reactions, and order should issue setting as minimal interval be
tween nomination and C O n f i r m a t 1 o ~ f 90 days;
5. Said three months time to safeguard ·our judicial system from i l l -sui ted,
l1te-tim$.PPointees of a patronage-type is well founded, for thai; life.-time can
ofmean 30 to 40 years of"" r:z::t.-g reflecting o f th e money f i r s t , mankind last
philosophy Of'aid Nixon and Senator Gurney ~ O f Macfarlane-Ferguson law firm
c o r p o r ~ t e intrests long served by i ts member Hodges, defendant herein;
6. To eosafe-guard ou r judic ia l system from an app&intee with a falstf-ha1o,
to at least have the pUblic on guard against Macfarlane-Ferguson s 1 ~ t i n g byproxy i" U. S. Judgeshipl the plaint i ff phoned one U. S. Seaator long distance l
7/27/2019 Fair v Hodges, Complaint for TRO 71-572, Dec-11-1971.pdf
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and was to write numerous Senators about said Hodges on th e weekeni of Dec. 11th,
only to learn on Dec. 12th that said Hodges was in;
7. Such irreverence of rights by rush-rush rejects Rppue-licaniSkm, and
denies the Constitutionally guaranteed r i th t to a RepUblican Form of G o ~ e r n -mentj such hurry-up t o ~ < t A ~ . '.. pick patronage plums for appointees leaves the
courts suspect as being not for people so much as for powers, as being in fact
a pyramid for power solidly to frustrate change within th e system;
8. Such poli t ical patronage appointment to perpetuate Reprblican hope
lessness for peoplets needs, as opposed to property's profits, merits puri .
fication, and necessity therefor is well shown by the apparent unethical practices
.5of defendant Hodges or of his clients or law associate;F, for:
Ao Said Hodges, agent-attoBrney for Hillsborough County, Fla. , Tax Assessor
Walden, ha4 bis 545 feet of Lake Front property assessed by said Walden for
$11,580 when at market value, $100 to $150 front foot it was worth $55,000 to
$82,000, as confinied by real estaee men familiar with Lake Keyston area;
B. Said Hodges, as attorney with Macfarlane-Ferguson firm, represented no t only
the people (through their tax assessor) but huge corporations also advantageously
J. ~ underassesse)fby said t ~ assessor, for ~ c m i e n t s are (With assessments approci •
mate ):
um (1) mass-media monopolist, The TribuneCo., assessed a t of value fixed
by law;
(2) Anheuser-Busch, Inc. , a t 45%;
(3) Maas Bros., Inc. , a t 45%;
General Telephone Co.; Ferman Motor Co; First Natt·l Bank (Tampa); Pen.
State BAnk; Capital Nattl Bank; Tampa Ship Repair; and numerous others, including
oil , insurance, canning, and ranching interests,all generally powerful by said
firm..
c. Said Hodges now is to take theBench vacated by Judge Lieb who long
~ p ueenjoyed under-assessments fZgorss as to imply taci t inf'J.JIiRoce of said Walden·s
attorney or his firm in SaiW court. .
D. Further, said Hodges served as ~ e r s o n a l counsel for said Walden under
suspicions, t unethical circumatances, particularly in a suit on e l e c t i o n ~ law
brought by one~ r t o n
Tucker, whose intersts were adversely affected, tax-wise
and otherwise;
7/27/2019 Fair v Hodges, Complaint for TRO 71-572, Dec-11-1971.pdf
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E. Further, said Hodges served as attorney for said Walde:p., am was fully in
formefbt discrimination against plaint if t F ~ . for political oppression, byJ . ·ctef
groS1over assessment of land in which Fair . . interest;
9. Thus said Hodges so ~ o n g has a l i ~ h i m s e l f with vested in teres ts .
bankS, insurance, as have Gurney, Chiles and many Senators - that his confir
mation may w ~ l be automatic, as of like conscience as ruling cliques, but
plaintiff maintains his right to petition s a J . ~ denators, and to inform them of
D es-violation (o r implication) or of unethicalipra ces;
A. For said Hodges had a duty (to public through TaB Assessor, to corpor
ation clients property interests tlmough law firm) "to represent the interst
of the clent with undivided f ideli ty"-a spl i t p e r s o n a l i t ~ l
B. And he had. a duty "never to reject for any consideration personal to
(himsel:e, like u n d e r a s s e s s ~ e n t of his lake front estate) th e cause of the de
fenseless or oppresseJ (the vast majority of taxpayers exploited to the
profit or advantage of a few/)
C.And he had a duty, paid for by taxpayers, to advise his client-tax
assessor to assess a ll properties equitably at l O ~ of value .. and not "to
disobey any valid law or coutt order thereon - which client Walden did and is
now doing tor the BIG;
D. And, by his ttattitude of mind" for BIG he justifies Uthe impression
K . .that any person (li)t& Macfarlane-Ferguson and clients) can improperly influence
him or unduly enjoy his favor, n and he can "be swayed by partisan demands" of
. · ub.{ ~ a I } or .vested interests , of BIG money whethe R e ~ l r n " b 1P" - -* Democrat, for.",.
has he not been bkrii "the active promoter tt of such interests1
. .
10. Conclusively, said Hodges in his,
relations wih said Tax Assessor
(and controllers of a courthouse gang) has supported a "decepton or betrayal
of the public" so deep rooted in his nattitude of mind" that tlcorrupt1on of
I ..
a (tax assessor) exersising a public officE rubs off on him and shadows him
that i t indicated he is not an honest man not a patriotic and loyal citizen,}
and not desweving of a reputataon for ft ideli ty to private duty and to pUblic
duty.
11. Further, so conspiratorially have such conflicts of inteBests maim ..
tained to the advantage of a few insiders or powers, and to the hardship of
pla in t i f f and others, tha t great and irreparable harm. has resulted, and such harm t8
7/27/2019 Fair v Hodges, Complaint for TRO 71-572, Dec-11-1971.pdf
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" ' 1 ~ \ ; l ~ ( } d l l ~ e d / a t . , the"Na tiona I:A ..chives~ t , ~ ~ / ; ; : ' ; : ,
_ i f ~ ~ ~ b ~ ' ; ; ; ; , :
can tlow into th e puritYft this Court tai l ing protection by this court ot
plaintiff ' s and others rights as above.
12. Such rights apply also to other nominees for Federat Judgeships,
for defendant Hodges is one of a class.
'WlIEBEFORE, plaintif f prays:
(a)Accept jurisdiction as a class action,
(bO Enjoin swearing in as U. S. District Judge of defendant W. T. Hosges,
Itemporarily
u n t ~ c o n f i r m a n t i o ntime is re-opene d, or prospectively in future
nominations,
( (c) Set time of 90 • days between nomination and confirmation, or
(d) Grant su1(p other reletf as merited.
Respectfully
Jim Fai r
Plaintiff, in pro. per., 124 S. Franklin
Tampa, Fla 33602~ UDx· .-- --( Y I ' l " " ' P 9 F9UOitl-}