To Our “The Philosophy
& Rewards Of Survival” Section
Can A Corrupt Federal Judge Be
Restitution To A Wronged Plaintiff ?
Federal Judge H. Franklin Waters
Servant Of A Corrupt System
Kurt Saxon ~ PLAINTIFF
In the Middle Ages, if a peasant had been so bold as to sue a
outcome was obvious. Today, our Constitution guarantees the right of
any citizen to get a fair hearing in a trial, regardless of the status of the
defendant. Yet, the medieval system can still be imposed on a plaintiff if that
plaintiff is without means, and especially if the plaintiff is in disrepute and
can be seen as a political offender.
H. Franklin Waters, United States District Judge, Arkansas,
accepted a case wherein Plaintiff was suing Lawrence Harper, vice president of
The Democrat-Lithograph Printing Company (DP&L) and Bill Blann, owner of
Delta Press. The causes of action were breach of contract; fraud; breach of
fiduciary duty and copyright infringement.
Judge Waters is a good servant of “the system.” He
undoubtedly had personal knowledge of Plaintiff as a notorious public figure in
Arkansas. So he automatically denied all Plaintiff’s evidence against the
defendants and arbitrarily gave the decision to the largest printing firm in the
state, and Bill Blann, a common crook and swindler.
Judge Waters would not have minded acting as attorney for the
corrupt DP&L, with their $20,000,000 in assets, prestige, and political
influence. But he may have had misgivings about favoring Blann. Even so, Blann
had to be cleared if DP&L was to be exonerated.
Defending the system against such people as Plaintiff was his
perceived duty. Every judge with a totalitarian mind set sees the political
offender as a far greater threat to the system he serves than the simply
crooked. So although Blann is an obvious crook, he must be favored over the
political offender, who must not be allowed to prevail.
What led up to the trial was financial reverses suffered by
Plaintiff which made him vulnerable to a hostile takeover by Blann.
Plaintiff was out of his best selling book, The Poor Man’s
James Bond and lacked funds for printing. Blann offered to pay $15,000 if
Plaintiff would repay the loan in 90 days, along with $3,000 interest.
Failure to pay the full amount would result in Plaintiff’s
signing over the commercial rights to The PMJB.
As security against Plaintiff’s failure to sign over the
rights, 3,000 PMJB’s were held by DP&L to be turned over to Blann if
Plaintiff did not sign. The trial showed that DP&L had actually turned over
the 3,000 books to Blann even before the due date.
When making the agreement, Plaintiff was sure that his
biggest dealers, who had routinely paid up to $10,000 yearly for his books would
pay off the debt. Plaintiff duly offered the books at $6.50 each, $2.00 off the
wholesale price if up to 1,000 where bought at one time.
Although the books were certain to sell, the dealers showed
no interest. It was later learned that Blann had approached all the dealers he
anticipated would make such a purchase and urged them to boycott Plaintiff,
causing him to default. His offer was of perpetually lower prices regardless of
the amount of books purchased.
That they complied is shown by Blann’s invoices to his
dealers, reflecting the uneven pricing for PMJBs between small dealers and the
larger ones, as shown below:
Guardian, Doug Blann (Blann’s own brother), Jim’s Military
Relics, Tino International, CRB Research, DWARF, AARC0, Anvil, Enoksen and The
Larder; $9.80 each.
Paladin Press, Federal Sporting, Butokukai, Loompanics; $7.00
to $7.50 each. Conant’s Landing; under $6.00.
While the larger dealers were waiting for the rights to PMJB
to revert to Blann, they bought what books they needed to fill current orders
but did not take advantage of Plaintiffs offer, effectively boycotting him.
Judge Waters ruled that the unhelpful amount of books purchased showed there was
Although Plaintiff might have gotten credit from DP&L,
Blann assured him that DP&L did not give credit. The agreement was for a
loan. However, the trial showed the printing was done on credit. Blann did not
have to come up with any money and so did not risk anything. Blann had told
Plaintiff he had borrowed the money to pay for the printing.
Had Plaintiff known the work was to be done on credit, the
agreement would have been entirely different.
When he defaulted, having suspicions but no proof, Plaintiff
signed over the rights to PMJB. He then requested the return of the books held
as security; books with a retail value of $47,460. Blann would not give them up.
Note: PMJB had earned hundreds of thousands since 1972 and
was still a consistent best-seller. It was worth several times the amount of the
loan and the books were legally Plaintiff’s. But Judge Waters ruled that since
the agreement didn’t specify the return of the books, they belonged to Blann.
One doesn’t need to go to law books for this. Anyone sitting
behind a desk at a bank would affirm that once a debt is paid, any security
against payment is automatically returned to the debtor.
Following Blann’s fraudulent acquisition of the rights to
PMJB 1, Plaintiff revised and re-copyrighted PMJB 1, renaming it “The New
Improved” PMJB. This was his only defense against Blann’s acts and was
indeed an attempt to make the stolen property worthless. Judge Waters, true to
form, accused the Plaintiff of acting with “unclean hands” and ruled
the new copyright invalid (Exhibit B-26).
Meanwhile, Plaintiff had struck up a pleasant association
with Harper by phone after having printed and paid for several thousand
brochures. To Plaintiff’s amazement and delight, Harper offered him credit for
the printing of 5,000 each of six books, including The New Improved PMJB. That
was a total credit of $98,000 for 30,000 books!
The books were printed and during a phone conversation with
Harper, Plaintiff said he was not going to sell Blann any more books. Without
hesitation, Harper then said, “Billy says all your books are in his catlog
and if you won’t sell him any more he won’t pay me the $80,000 he owes me for
This shows that Blann had anticipated Plaintiff’s refusal to
do further business with him and so he had threatened Harper.
Plaintiff, out of gratitude to Harper for the credit, told
him he could transfer 1,000 books of any selection to Blann and Blann was to
send Harper $7,500 to be applied to Plaintiff’s account with DP&L. The 1,000
books would help with Blann’s present customer orders, after which, Blann’s
later catlogs would not feature Plaintiff’s books.
In the following weeks, Plaintiff noticed many full page ads
in weapons-oriented publications featuring his books. The ads were by other
dealers than Blann and the books advertised had not been ordered from Plaintiff.
The books were also in the catlogs of other dealers who had not bought them from
Plaintiff. All the full-page ads in national magazines and large circulation
catlogs had to represent a guaranteed source of many thousands of books.
Plaintiff then told Harper that Blann was marketing thousands
of books through other dealers. Having utmost faith in Harper’s integrity,
Plaintiff naively asked him if someone else at DP&L could be transferring
the stored books to Blann. Harper said that was impossible and suggested Blann
might be getting the books printed somewhere else.
Plaintiff had promised Harper large and prompt payments to
pay off the debt. But with Blann and his dealers saturating the market with
Plaintiff’s books, Plaintiff was increasingly unable to live up to his promise.
In short, with most of Plaintiff’s former dealers buying
Plaintiff’s books from Blann because of Blann’s undercutting Plaintiff’s prices,
nearly everyone interested in the material was getting it through Blann and
Plaintiff was being forced out of business.
Meanwhile, Harper was becoming impatient and was demanding
payment. Finally after Plaintiff’s many complaints about Blann, Harper said that
if he believed Blann was stealing his books, Plaintiff ought to sue Blann.
Plaintiff could not believe; did not want to believe, that
his benefactor had betrayed his trust. Even after he had gone to an attorney,
Plaintiff resisted an outright accusation of Harper. Nonetheless, Plaintiff
could see no way for Blann to act without Harper’s compliance. Plaintiff had to
confront Harper with the accusation in order to get at the truth.
The Little Rock attorney, Steven Carver, contacted Harper and
verified that Harper had, indeed, been secretly selling Plaintiff’s books to
Blann from the outset. In compliance with Harper, Carver drew up an agreement
that if Plaintiff should drop the suit Harper and DP&L would sell no more of
Plaintiff’s books to Blann. Plaintiff refused to sign.
Plaintiff had lost too much by Harper’s crookedness. Besides,
he knew that neither Harper nor DP&L could be trusted, as subsequent events
have proven. Had Harper admitted his guilt early on and cut Blann off from
access to Plaintiff’s books, Plaintiff would simply have sold the books, paid
off Harper and taken his business elsewhere. But Plaintiff had been hurt too
much, both financially and emotionally, by Harper’s callous betrayal. Especially
since he realized that Harper’s generous credit was not on his behalf, but on
Exhibit A proves that Harper printed 30,000 books for
Plaintiff. Exhibits A-6, 7 and 8 show that out of those 30,000 books, Plaintiff
was shipped only 11,836. Blann got 18,164. Less the authorized 1,000, that left
17,164 with a retail value of $291,788. It doesn’t matter what Blann got for
them, since he wasn’t supposed to have them. Had Blann not been sold the books
by Harper, Plaintiff could have sold them to those who bought them from Blann
and thus satisfied his obligation to Harper.
Blann wanted those books to sell. Owing Harper $80,000 at the
outset and threatening not to pay, was enough leverage to maneuver Harper into
the position of a willing tool.
So Harper printed 30,000 books on credit, further trapping
himself into such an indebtedness to his company that he had to proceed,
regardless of the consequences.
So the case came to court on October 2, 1990. Neither Harper
nor Blann had any defense, but needed none. Plaintiff was on trial and was
judged and found guilty before it began.
There was no jury. Plaintiff’s attorney, a California
corporate lawyer, had reasoned that a judge would give a larger award than would
a jury. The idea that his client was considered by the court as unworthy of
justice never occurred to him. In effect, Judge Waters acted as attorney for the
In his Memorandum Opinion Judge Waters starts off with,
“This is an action for copyright infringement.” In actuality, the
copyright issue was incidental. The main issues were breach of contract, fraud,
conspiracy, and breach of fiduciary duty.
But Judge Waters placed the emphasis on copyrights in order
to exonerate DP&L. The idea being, if the copyrights were invalid, DP&L
and Harper did no wrong in selling the books to Blann. But this is not so. Had
the merchandise been baseball caps or bookends, unprotected, it would still have
been breach of contract, fraud, and conspiracy and breach of fiduciary duty.
Corrupt Federal Judge