Elwynn v. Landsraad

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King Noah
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Elwynn v. Landsraad

Post by King Noah »

In the Imperial Judex

An Application for a ruling on the Resolution to veto Imperial Decree No.940 and a Permanent Injunction against the implementation of the aforesaid Resolution.


Particulars of Claim
(Paragraph letters refer to Rule 3.02 in the Procedures of the Imperial Judex)

(a) Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn

(b) The Prætor of the Landsraad, Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja

(c) Before the Landsraad is a Resolution to veto Imperial Decree No.940, it will pass somewhere between the submission of this application and Sunday. This Resolution seeks to declare Imperial Decree 940 to be of no effect retroactively from its signature by the Steward and also calls upon the Steward to make the necessary arrangements for the implementation of the Resolution.

Imperial Decree 940 granted the Elwynnese Union the Principality of Mishalan subject to two conditions. The King of Elwynn subsequently issued the Royal Decree of 13 Fasmas 1650 by means of which he met the conditions of Imperial Decree 940. In the self-same Royal Decree was the Principality of Mishalan granted to, and incorporated in, the Royal Precinct of the Elwynnese Union which is known as the Kingdom of Amokolia as a Circuit.

As the Imperial Judex has jurisdiction over this matter under Ch.IV.B.1, Ch.IV.B.2, Ch.IV.B.3 and Ch.IV.B.4, I submit that the Resolution to veto Imperial Decree No.940. is contrary to the Charter for the following reasons:

(i) Violation of the Internal Administration and Organization Clause (CH.VI.B.1.a).

Imperial States have exclusive jurisdiction over the matters listed in CH.VI.B.1. One of those reserved matters is the internal administration and organization of an Imperial State (CH.VI.B.1.a). Where Imperial States have exclusive jurisdiction it is provided by the Charter, through CH.VI.B.2, that State Law supersedes Imperial Law.

When the King of Elwynn fulfilled the conditions of Imperial Decree 940 by means of the Royal Decree of 13 Fasmas 1650, Mishalan passed into the exclusive jurisdiction of the Imperial State which is known as the Elwynnese Union. By means of the self-same Royal Decree the King of Elwynn created Mishalan a Circuit of Elwynn it went beyond the control of the Imperial Government and the Landsraad because any subsequent measure, decree, law, resolution, order or action by them concerning Mishalan is superseded by Elwynnese law.

By calling upon the Steward to make the necessary arrangements for the implementation of the Resolution to veto Imperial Decree No.940, which would require taking the Circuit of Mishalan out of the Elwynnese Union, the Landsraad is violating the Charter because due to provisions of CH.VI.B, only the King of Elwynn, in whom the Legislative Power of the Elwynnese Union is vested by the Constitution of the Elwynnese Union, can release Mishalan from the Elwynnese Union. Were the Steward to implement the Resolution to veto Imperial Decree No.940, he would likewise also be in violation of the Charter for the aforegoing reasons.

(ii) Violation of the Education Clause (CH.VI.B.1.e)

Imperial States have exclusive jurisdiction over the matters listed in CH.VI.B.1. One of those reserved matters is education (CH.VI.B.1.e). Where Imperial States have exclusive jurisdiction it is provided by the Charter, through CH.VI.B.2, that State Law supersedes Imperial Law.

When the King of Elwynn fulfilled the conditions of Imperial Decree 940 by means of the Royal Decree of 13 Fasmas 1650, the Soviet infrastructure of Mishalan passed into the exclusive jurisdiction of the Imperial State which is known as the Elwynnese Union. Putting the Soviet infrastructure of Mishalan in a museum in the People’s Academy of Elwynn was one of the conditions of Imperial Decree 940.

By calling upon the Steward to make the necessary arrangements for the implementation of the Resolution to veto Imperial Decree No.940, which would require taking the Soviet infrastructure of Mishalan out of the People’s Academy of Elwynn, the Landsraad is violating the Charter because due to the provisions of CH.VI.B only the Board of Governance of the People’s Academy of Elwynn, which administers the aforesaid educational establishment, can release the Soviet infrastructure of Mishalan because the People’s Academy of Elwynn is under Elwynnese law guaranteed independence in its own affairs. Were the Steward to implement the Resolution to veto Imperial Decree No.940, he would likewise also be in violation of the Charter for the aforegoing reasons.

The claimant therefore petitions the Imperial Judex to:

1. Declare the order of the Landsraad to the Steward to make arrangements to implement Resolution to veto Imperial Decree No.940 to be null and void on the grounds of unconstitutionality;

2. Issue a Permanent Injunction against the officials and institutions of the Imperial Government implementing the Resolution to veto Imperial Decree No.940.

(d) Legislative Power of the King of Elwynn: CEU.V.1
Exclusive jurisdiction of the Imperial States to legislate upon matters of internal administration and organization: CH.VI.B.1.a
Exclusive jurisdiction of Imperial States to legislate upon matters of education: CH.VI.B.1.e
Supremacy of State Law over Imperial Law in legislative matters reserved to the Imperial States: CH.VI.B.2
Independence of the People’s Academy of Elwynn: Instrument of Government: Alôqoqar Etâqon Adurellion

(e)/(f) Imperial Decree 940

Royal Decree of 13 Fasmas 1650: Meeting the Conditions of Imperial Decree 940

Resolution to veto Imperial Decree No.940

Charter of the Imperial Republic of Shireroth

Constitution of the Elwynnese Union

Instrument of Government: Alôqoqar Etâqon Adurellion

With Respect and Esteem,

Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn
Prince of Natopia
Jarl and Grand Elector of Jorvik

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Re: Elwynn v. Landsraad

Post by Fjorleif »

Lord Arbiter,

Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja, the Prætor of the Landsraad, hereby notifies the Imperial Judex that she has noted the application in the post above by the King of the Elwynnese Union and awaits your instructions concerning the proceedings.
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
Princess of Elwynn
Princess of Anun
Countess of Northshire, of Arietta, and of the Lady Esther Isles

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Vilhelm Benkern
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Re: Elwynn v. Landsraad

Post by Vilhelm Benkern »

IN THE IMPERIAL JUDEX
6580 ASC.

In the case of

THE KING OF ELWYNN

v.

THE PRÆTOR OF THE LANDSRAAD


This case is accepted. As Arbiter I shall hear the case alone. This case is an application for a declaration of incompatibility and a permanent injunction prohibiting implementation of the allegedly incompatible act.

Because of the high level of public interest in this case, I will allow a significant period of time to allow friends of the court to prepare any briefs they wish to submit.
Case Management Order

The schedule of this case shall be as follows.
  • 120 Hours (Tuesday-Sunday): Preparation of evidence by both sides. Applications related to case managment, amicus curiae briefs and joint-application should be requested during this period.
  • 24 hours (Monday): Presentation of full evidence and argument by the applicant, in a single post.
  • 24 hours (Tuesday): Rebuttal by respondent and presentation of full evidence and argument by the respondent, in a single post.
  • 24 hours (Wednesday): Rebuttal by applicant, in a single post.
  • 24 hours (Thursday): Arbiter may ask questions of the applicant, respondent or both; then retires and delivers judgment.
So ordered.
During the first period of 120 hours, applications to extend time or change the schedule otherwise should be made. Changes to the schedule may occur during the course of the case depending on any objections to evidence or other difficulties.

BENKERN
Arbiter
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

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Re: Elwynn v. Landsraad

Post by King Noah »

Presentation of Full Evidence and Argument


Lord Arbiter,

May it please the Imperial Judex to receive the Presentation of Full Evidence and Argument by the King of Elwynn.

Introduction


On Friday the 11th August 2017 the Landsraad passed Resolution to veto Imperial Decree No.940. This Resolution declares Imperial Decree 940 to be of no effect retroactively from its signature by the Steward. It also calls upon the Steward to make the necessary arrangements for the implementation of the Resolution.

Imperial Decree 940 granted the Elwynnese Union the Principality of Mishalan subject to two conditions. The King of Elwynn subsequently issued the Royal Decree of 13 Fasmas 1650 by means of which he met the conditions of Imperial Decree 940 causing Mishalan and its Soviet infrastructure to pass into Elwynn's exclusive jurisdiction.

In the self-same Royal Decree was the Principality of Mishalan granted to, and incorporated in, the Royal Precinct of the Elwynnese Union which is known as the Kingdom of Amokolia as a Circuit (Circuits are a type of Elwynnese subdivision), which brought it under the protection of the Internal Administration and Organization Clause of the Charter (CH.VI.B.1.a). Likewise was the Soviet infrastructure of Mishalan brought under the protection of the Education Clause (CH.VI.B.1.e) of the Charter when it was put in a museum in the People's Academy of Elwynn, which is the premier institution of higher education of the Elwynnese Union.
Section B: The Competence of the Imperial States

1. The Imperial States have exclusive jurisdiction to legislate on matters regarding
a) Internal organisation and administration,
b) Culture,
c) Local criminal law,
d) Infrastructure,
e) Education,
f) Enforcement of state law,
g) Civil defence, and
h) Local defence.

2. Imperial law in these areas is superseded by state law.
CHAPTER IV
King



1. The legislative, executive and judicial powers of the Union are entrusted to the King of Elwynn who exercises them with the advice of the Councillors of Eliria.
The Internal Administration and Organization Clause (CH.VI.B.1.a) and the Education Clause (CH.VI.B.1.e) are both to be found in that part of the Charter which lists the matters where Imperial States have exclusive jurisdiction to legislate upon. The Charter also provides that, through CH.VI.B.2, which is also known as the State Law Supremacy Clause, that where Imperial States have exclusive jurisdiction to legislate State Law supersedes Imperial Law.

In consequence thereof is any action by the Kaiser/Steward and Landsraad subsequent to the issuance of the Royal Decree of 13 Fasmas 1650 to alter the status of Mishalan as well as the location of the Soviet infrastructure of Mishalan contrary to the provisions of Elwynnese Law, which may only be changed by the King of Elwynn in whom the Legislative Power of the Elwynn of the Elwynnese Union is vested by the Constitution of the Elwynnese Union (CEU.V.1), in violation of the Charter.

Violations of the Charter


The Landsraad and the Steward, who has already commenced with implementing the Resolution to veto Imperial Decree No.940 by means of Imperial Decree 957, have violated the Charter several times. In this part of my Presentation of Full Evidence and Argument I will list those Charter violations.
Calls upon the Steward to make the necessary arrangements for the implementation of this Resolution.
This provision of the Resolution to veto Imperial Decree No.940 is in violation of the Internal Administration and Organization Clause (CH.VI.B.1.a) of the Charter.

Imperial States have exclusive jurisdiction over the matters listed in CH.VI.B.1. One of those reserved matters is the internal administration and organization of an Imperial State (CH.VI.B.1.a). Where Imperial States have exclusive jurisdiction it is provided by the Charter, through CH.VI.B.2, that State Law supersedes Imperial Law.

When the King of Elwynn fulfilled the conditions of Imperial Decree 940 by means of the Royal Decree of 13 Fasmas 1650, Mishalan passed into the exclusive jurisdiction of the Imperial State which is known as the Elwynnese Union. By means of the self-same Royal Decree the King of Elwynn created Mishalan a Circuit of Elwynn which caused it to go beyond the control of the Executive Branch of the Imperial Government as well as the Landsraad because any subsequent measure, decree, law, resolution, order or action by them concerning Mishalan is superseded by Elwynnese Law.

By calling upon the Steward to make the necessary arrangements for the implementation of the Resolution to veto Imperial Decree No.940, which would require taking the Circuit of Mishalan out of the Elwynnese Union, the Landsraad is violating the Charter because due to provisions of CH.VI.B, only the King of Elwynn, in whom the Legislative Power of the Elwynnese Union is vested by the Constitution of the Elwynnese Union, can release Mishalan from the Elwynnese Union.

Likewise is the aforesaid provision of the Resolution to veto Imperial Decree No.940 in violation of the Education Clause (CH.VI.B.1.e)

Imperial States have exclusive jurisdiction over the matters listed in CH.VI.B.1. One of those reserved matters is education (CH.VI.B.1.e). Where Imperial States have exclusive jurisdiction it is provided by the Charter, through CH.VI.B.2, that State Law supersedes Imperial Law.

When the King of Elwynn fulfilled the conditions of Imperial Decree 940 by means of the Royal Decree of 13 Fasmas 1650, the Soviet infrastructure of Mishalan passed into the exclusive jurisdiction of the Imperial State which is known as the Elwynnese Union. Putting the Soviet infrastructure of Mishalan in a museum in the People's Academy of Elwynn was one of the conditions of Imperial Decree 940.

By calling upon the Steward to make the necessary arrangements for the implementation of the Resolution to veto Imperial Decree No.940, which would require taking the Soviet infrastructure of Mishalan out of the People's Academy of Elwynn, the Landsraad is violating the Charter because due to the provisions of CH.VI.B only the Board of Governance of the People's Academy of Elwynn, which administers the aforesaid educational establishment, can release the Soviet infrastructure of Mishalan because the People's Academy of Elwynn is under Elwynnese law guaranteed independence in its own affairs.
2. Mishalan is reincorporated as an Imperial Dominion. Owing to the special circumstances, the communist government of Mishalan is vacated and placed under the Provisional Government of Mishalan (PGM).

3. The PGM, supported by the Imperial Forces and loyalist volunteers, shall pacify the dominion and return the dominion to the full force of the Imperial Law. It shall convoke a constitutional convention, elected by the people of Mishalan.
5. Once the constitutional convention has drafted an agreement for a constitution of Mishalan, the Executive Power of the Imperial Government shall ratify it by imperial decree if satisfied that the proposed constitution takes into account the special considerations that brought Mishalan to the awful state that it has found itself in and thereby made necessary rectifications of its previous constitutional order.
The above provisions of Imperial Decree 957 are in violation of the Internal Administration and Organization Clause (CH.VI.B.1.a) of the Charter.

Imperial States have exclusive jurisdiction over the matters listed in CH.VI.B.1. One of those reserved matters is the internal administration and organization of an Imperial State (CH.VI.B.1.a). Where Imperial States have exclusive jurisdiction it is provided by the Charter, through CH.VI.B.2, that State Law supersedes Imperial Law.

Under Elwynnese Law enacted upon, and subsequent to, Mishalan passing into Elwynn's exclusive jurisdiction, to wit: the Royal Decree of 13 Fasmas 1650 and the Mishalan–Morskeep Act 1650, Mishalan has been organized as a Circuit of the Elwynnese Union and is being administered as the same. By declaring Mishalan to be an Imperial Dominion, vacating the so-called "communist government", and providing for a so-called "Provisional Government of Mishalan", the Steward is violating the Charter because due to provisions of CH.VI.B, only the King of Elwynn, in whom the Legislative Power of the Elwynnese Union is vested by the Constitution of the Elwynnese Union, can change Mishalan's status and the manner in which it is administered.
4. The PGM shall be headed by Aleksandra Volkova, newly freed from Dragonsfold under our warrant and seal.
This provision of Imperial Decree 957 is in violation of the Local Criminal Law Clause (CH.VI.B.1.c) of the Charter.

Local criminal law is a matter reserved to the Imperial States, and therefore the State Law Supremacy Clause (CH.VI.B.2) applies.

Individuals detained under Elwynns Straflov, the Penal Code of the Elwynnese Union, can only be set free by the King of Elwynn, or a competent Elwynnese Court of Law that is provided by the Organization of the Union Act, or the Imperial Judex. Any release from Elwynnese prison on the orders of the Executive Branch of the Imperial Government or the Landsraad is therefore in violation of the Charter.

Injunctive Relief


Given the the fact that the Imperial Government has already commenced with the implementation of the Resolution to veto Imperial Decree No.940, I hereby petition the Imperial Judex to provide, upon the conclusion of the proceedings, the following injunctive relief:

1. Declare the order of the Landsraad to the Steward to make arrangements to implement the Resolution to veto Imperial Decree No.940 to be null and void on the grounds of unconstitutionality;

2. Declare anything done by the Steward to make arrangements to implement the Resolution to veto Imperial Decree No.940 to be null and void on the grounds of unconstitutionality;

3. Declare anything done by or under the authority of the Imperial Government to implement the Resolution to veto Imperial Decree No.940 to be illegal on the grounds of unconstitutionality and order anything done so to be reversed;

4. Issue a Permanent Injunction against the officials and institutions of the Imperial Government implementing the Resolution to veto Imperial Decree No.940.

With Respect and Esteem,


Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn
Prince of Natopia
Jarl and Grand Elector of Jorvik

Malliki Nakita Nur Pinito
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Re: Elwynn v. Landsraad

Post by Malliki Nakita Nur Pinito »

Lord Arbiter

Now comes Our Lord the Radiant Sun, through His acting Steward, Viscount Myn, as a friend of the court, with the following brief observations.

1. The Kaiser is not a party to this case, thus no decision of this Court must bind the Kaiser in his duties. The Charter vests in the Kaiser all executive power of Shireroth. It is therefore the Kaiser's duty to execute all lawfully made decisions.

2. The Kaiser's government has begun executing the decision of the Landsraad, as is its duty under the resolution adopted by the Landsraad.

3. The injunctions sought by the petitioner touches on what the Kaiser's government does and does not, and ought not be raised in this case, as the Kaiser is not a respondent to it. It would be wrong for the Kaiser to be bound by a decision on a case he is not a party to.

4. The Kaiser's government therefore sees that the case can only touch on one question only: does the Landsraad have the power to veto a decree following the execution of the decree? All other matters ought to be held irrelevant unless the Judex rules that the question must, in all cases, be answered in the negative.
Malliki Nakita Nur Pinito, Viscount Myn
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Re: Elwynn v. Landsraad

Post by Fjorleif »

Lord Arbiter,

Res ipsa loquitur. It is in black and white in the Charter.
Section B: The Competence of the Imperial States

1. The Imperial States have exclusive jurisdiction to legislate on matters regarding
a) Internal organisation and administration,
b) Culture,
c) Local criminal law,
d) Infrastructure,
e) Education,
f) Enforcement of state law,
g) Civil defence, and
h) Local defence.

2. Imperial law in these areas is superseded by state law.
CH.VI.B.1 grants the Imperial States exclusive jurisdiction to legislate on the matters that are listed therein. CH.VI.B.2 stipulates that Imperial law in those areas is superseded by state law.

It is therefore not within the purview of the legislative and executive branches of the Imperial Government to interfere with the matters which are reserved to the Imperial States. Any such interference whether by law, decree, resolution, motion, edict, ordinance or otherwise, is in violation of the Charter.

Specifically for the matter in hand, from the very instance that the Elwynnese Union enacted legislation on the matters that had passed into its exclusive jurisdiction, Mishalan and its Soviet infratructure, that legislation supersedes by virtue of CH.VI.B.2 any action by the legislative and executive branches of the Imperial Government.

Any action contrary to Elwynnese law is an infringement of its exclusive jurisdiction and therefore in violation of the Charter.

As the Resolution to veto Imperial Decree No.940 is designated to infringe upon Elwynnese law it is, as a consequence, unconstitutional.

I rest my case.

Thank you for your time.

Submitted with Esteem,


Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
Prætor of the Landsraad
Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
High Priestess of the Mackerel Temple
Princess of Elwynn
Princess of Anun
Countess of Northshire, of Arietta, and of the Lady Esther Isles

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Re: Elwynn v. Landsraad

Post by Vilhelm Benkern »

I thank the King of Elwynn and the Praetor for their clear submissions.

I also thank the friend of the court on behalf of the Kaiser for his most helpful brief.

Could I ask the applicant to respond to the question posed by that brief, i.e., does the Landsraad have the power to veto a decree after its execution? In turn, I shall ask the respondent to give zir view, but properly we must first hear from the King.
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

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Re: Elwynn v. Landsraad

Post by Ryker »

Lord Arbiter,

Pardon the interruption but I should inform you that both Thorstein Noah Hallbjörnsson and Fjǫrleif Hallbjörnsdóttir are no longer affiliated in any way with any Shirerirthian institution as of roughly nine hours ago.
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Re: Elwynn v. Landsraad

Post by Vilhelm Benkern »

Thank you for this information, your highness. I am investigating this matter.
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

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Vilhelm Benkern
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Re: Elwynn v. Landsraad

Post by Vilhelm Benkern »

IN THE IMPERIAL JUDEX
6604 ASC.

In the case of

THE KING OF ELWYNN

v.

THE PRÆTOR OF THE LANDSRAAD

In light of the fact that both the Applicant and Respondent have, for the time being, been rendered incapable of holding Shirerithian citizenship, this case is adjourned sine die. It may be renewed in accordance with the Judex Leges.

So ordered.

BENKERN
Arbiter
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

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Re: Elwynn v. Landsraad

Post by Marcus Myksos »

Fight the fascist mods :madviking:

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Re: Elwynn v. Landsraad

Post by Ryker »

Should we expect to be collectively murdered on the toilet in a few years?
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Re: Elwynn v. Landsraad

Post by Continuator »

I rather suspect that you, at least, will be found in the bathtub - somewhat postmortem - when the time comes.

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Re: Elwynn v. Landsraad

Post by Mira Octavius-Aryani »

I fully intend to disappear into the forest, never to return.

Count Palatine of Kezan
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