Friday, December 21, 2018

Lomachenko vs Pedraza, Dec 2018 - WOW!

Vasyl Lomachenko vs Jose Pedraza

Vasyl Lomachenko is THE most exciting boxer of this century, so far, and maybe the best of all time. In four of his last six fights, his opponents have simply given up and failed to answer the bell part way through the fight.  His only loss in 14 professional fights, the referee and judges were obviously prejudiced in favor of Orlando Salido who fouled incessantly throughout the bout.

In his December 2018 contest against Pedraza (top link above), Lomachenko scored two knockdowns late in the fight, then won a decision to become the unified WBA and WBO lightweight champion of the world.

See these highlights of past fights.
--
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Wednesday, December 05, 2018

Letter to my Florida Representative Chris Latvala - fix the criminal contempt law

Dear Florida Legislator:

I write to ask you to sponsor legislation to change the way Florida's courts deal with criminal contempt.  The courts assert that criminal contempt is not a crime, and that under the common law the contemnor has no right to trial by jury for a criminal contempt trial.  However, Article I of the Florida Constitution clearly articulates the right of criminal defendants to trial by jury.  And the rules for trying criminal contempt appear in Rules 3.830 and 3.840 (appended below) of the Florida Rules of CRIMINAL Procedure.  Convicted contemnors must serve jail time and pay a fine, so clearly Criminal Contempt is a crime.

Additionally, the judge charging someone with criminal contempt may try the case himself, even though he is a party to it as the accuser, clearly prejudicial, and a violation of Article I Section 16 requirement of trial by impartial jury.  Furthermore, the convicted contemnor who appeals the conviction must sit in jail during pendency of the appeal, so that he has completed his sentence when the court hears the appeal.  The Florida Constitution Article I Section 17 forbids this cruel punishment.

The Florida Constitution supersedes the Common Law that the courts rely upon in their crooked determination that the criminal contemnor has no right to a jury trial.

As to trials, the speedy trial right is meaningless if lengthy incarceration destroys the defendant's life, causes him to lose his job, home, vehicle, family, etc.  The speedy trial must be reduced to a more practical period.  The Legislature should not hand over its responsibility in this matter to the Supreme Court of Florida.

I recommend the following improvements to Florida Statutes chapter 38, 908.15, and Rules of Criminal Procedure:

1.  Criminal Contempt, whether Direct or Indirect, is a MISDEMEANOR CRIME triable under the Florida Rules of Criminal Procedure and Florida Statutes.
2.  The Florida Constitution Declaration of Rights supersedes and takes precedence over any and all common law related to contempt proceedings.
3.  The trial courts must try Criminal Contempt as a crime and, at defendant request, provide a jury of the defendant's peers, the jurors of which determine both the law and the facts of the case.
4.  The judge who charged the defendant with Criminal Contempt shall not try the case, but another judge selected by lottery in the trial courts shall try the case.
5.  The court in which the judge serves who charged the defendant with Criminal Contempt shall not try the case.  The County Court shall try a Circuit Court criminal contempt defendant, and the Circuit Court shall charge a County Court, District Court, or Supreme Court criminal contempt defendant.  Only Circuit and County Courts local to the defendant shall try criminal contempt cases, irrespective of whether the charge originated in the Florida Supreme Court or District Court of Appeals or any other court.
6.  In the event the criminal contempt defendant accuses the trial judge of prejudice in a motion to disqualify, and therein expresses fear that he cannot get a fair trial, the trial judge shall disqualify himself as prescribed in the rules of judicial administration and Florida Statutes chapter 38.  In the event the trial judge refuses to disqualify himself, claiming the motion to disqualify is not legally sufficient, the defendant may file an interlocutory appeal or petition for writ of prohibition, and shall remain free from incarceration pending the outcome of the appeal or petition.
7.  Convicted criminal contemnors shall remain at liberty pending their appeal and shall not be incarcerated unless and until all appeals have been exhausted and the conviction affirmed in the final appellate proceedings.
8.  Speedy Trial shall constitute 30 days for a misdemeanor and 90 days for a felony.  In no case shall a defendant remain incarcerated beyond those time limits, regardless of the reason, unless the trier has found the defendant guilty.
9.  The Florida Constitution should empower grand juries to investigate all felonies, and not leave that up to the State Attorneys.  It should empower petite juries to judge both the law and the facts of the case.  And the court should be required to notify jurors of their powers.
10.  The courts shall have no power to denominate litigants as "vexatious" or deny them the right to appear pro se and file motions and pleadings without the assistance of an attorney.

I hope you will convene fellow area legislators to discuss the foregoing changes.  I'll happily bring a law expert with me to your meeting to lay out the fundaments so they can see how the Courts use contempt charges highhandedly to thwart the exercise of constitutional rights.


I have appended below an excerpt from the Florida Rules of Criminal Procedure dealing with criminal contempt for your reference.  Please read the absurd justifications for denying a contemnor a fair trial by an impartial jury.

918.015 Right to speedy trial.—
(1) In all criminal prosecutions the state and the defendant shall each have the right to a speedy trial.
(2) The Supreme Court shall, by rule of said court, provide procedures through which the right to a speedy trial as guaranteed by subsection (1) and by s. 16, Art. I of the State Constitution, shall be realized.
History.—s. 195, ch. 19554, 1939; CGL 1940 Supp. 8663(202); s. 6, ch. 71-1(B).
Note.—Former s. 916.01.

XVI. CRIMINAL CONTEMPT
RULE 3.830. DIRECT CRIMINAL CONTEMPT
A criminal contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based. Prior to the adjudication of guilt the judge shall inform the defendant of the accusation against the defendant and inquire as to whether the defendant has any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the judge and entered of record. Sentence shall be pronounced in open court.

Committee Notes
May 10, 2018             Florida Rules of Criminal Procedure                       284 The Florida Bar
1968 Adoption. This proposal is consistent with present Florida practice in authorizing summary proceedings in direct criminal contempt cases. See Ballengee v. State, 144 So. 2d 68 (Fla. 2d DCA 1962); Baumgartner v. Joughin, 105 Fla. 334, 141 So. 185 (1932); also see State v. Lehman, 100 Fla. 481, 129 So. 818 (1930), holding that the defendant is not entitled to notice of the accusation or a motion for attachment. Fairness dictates that the defendant be allowed to present excusing or mitigating evidence even in direct criminal contempt cases.
Much of the terminology of the proposal is patterned after Federal Rule of Criminal Procedure 42(a) with variations for purposes of clarity. What may be considered a significant change from the terminology of the federal rule is that the proposal provides for a "judgment" of contempt, whereas the term "order" of contempt is used in the federal rule. Both terms have been used in Florida appellate cases. The term "judgment" is preferred here since it is consistent with the procedure of adjudicating guilt and is more easily reconciled with a "conviction" of contempt, common terminology on the trial and appellate levels in Florida. It also is consistent with appeals in contempt cases. See, e.g., State ex rel. Shotkin v. Buchanan, 149 So. 2d 574, 98 A.L.R.2d 683 (Fla. 3d DCA 1963), for the use of the term "judgment".
1972 Amendment. Same as prior rule.

RULE 3.840. INDIRECT CRIMINAL CONTEMPT
A criminal contempt, except as provided in rule 3.830 concerning direct contempts, shall be prosecuted in the following manner:
(a) Order to Show Cause. The judge, on the judge's own motion or on affidavit of any person having knowledge of the facts, may issue and sign an order directed to the defendant, stating the essential facts constituting the criminal contempt charged and requiring the defendant to appear before the court to show cause why the defendant should not be held in contempt of court. The order shall specify the time and place of the hearing, with a reasonable time allowed for preparation of the defense after service of the order on the defendant.
(b) Motions; Answer. The defendant, personally or by counsel, may move to dismiss the order to show cause, move for a statement of particulars, or answer the order by way of explanation or defense. All motions and the answer shall be in writing unless specified otherwise by the judge. A defendant's omission to file motions or answer shall not be deemed as an admission of guilt of the contempt charged.
May 10, 2018             Florida Rules of Criminal Procedure                       285 The Florida Bar
(c) Order of Arrest; Bail. The judge may issue an order of arrest of the defendant if the judge has reason to believe the defendant will not appear in response to the order to show cause. The defendant shall be admitted to bail in the manner provided by law in criminal cases.
(d) Arraignment; Hearing. The defendant may be arraigned at the time of the hearing, or prior thereto at the defendant's request. A hearing to determine the guilt or innocence of the defendant shall follow a plea of not guilty. The judge may conduct a hearing without assistance of counsel or may be assisted by the prosecuting attorney or by an attorney appointed for that purpose. The defendant is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and testify in his or her own defense. All issues of law and fact shall be heard and determined by the judge.
(e) Disqualification of Judge. If the contempt charged involves disrespect to or criticism of a judge, the judge shall disqualify himself or herself from presiding at the hearing. Another judge shall be designated by the chief justice of the supreme court.
(f) Verdict; Judgment. At the conclusion of the hearing the judge shall sign and enter of record a judgment of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the defendant has been found and adjudicated guilty.
(g) Sentence; Indirect Contempt. Prior to the pronouncement of sentence, the judge shall inform the defendant of the accusation and judgment against the defendant and inquire as to whether the defendant has any cause to show why sentence should not be pronounced. The defendant shall be afforded the opportunity to present evidence of mitigating circumstances. The sentence shall be pronounced in open court and in the presence of the defendant.

Committee Notes
1968 Adoption.
May 10, 2018             Florida Rules of Criminal Procedure                       286 The Florida Bar
(a)(1) Order to Show Cause. The courts have used various and, at times, misleading terminology with reference to this phase of the procedure, viz. "citation," "rule nisi," "rule," "rule to show cause," "information," "indicted," and "order to show cause." Although all apparently have been used with the same connotation the terminology chosen probably is more readily understandable than the others. This term is used in Federal Rule of Criminal Procedure 42(b) dealing with indirect criminal contempts.
In proceedings for indirect contempt, due process of law requires that the accused be given notice of the charge and a reasonable opportunity to meet it by way of defense or explanation. State ex rel. Giblin v. Sullivan, 157 Fla. 496, 26 So. 2d 509 (1946); State ex rel. Geary v. Kelly, 137 So .2d 262, 263 (Fla. 3d DCA 1962).
The petition (affidavit is used here) must be filed by someone having actual knowledge of the facts and must be under oath. Phillips v. State, 147 So. 2d 163 (Fla. 3d DCA 1962); see also Croft v. Culbreath, 150 Fla. 60, 6 So. 2d 638 (1942); Ex parte Biggers, 85 Fla. 322, 95 So. 763 (1923).
(2) Motions; Answer. The appellate courts of Florida, while apparently refraining from making motions and answers indispensable parts of the procedure, seem to regard them with favor in appropriate situations. Regarding motions to quash and motion for bill of particulars, see Geary v. State, 139 So. 2d 891 (Fla. 3d DCA 1962); regarding the answer, see State ex rel. Huie v. Lewis, 80 So. 2d 685 (Fla. 1955).
Elsewhere in these rules is a recommended proposal that a motion to dismiss replace the present motion to quash; hence, the motion to dismiss is recommended here.
The proposal contains no requirement that the motions or answer be under oath. Until section 38.22, Florida Statutes, was amended in 1945 there prevailed in Florida the common law rule that denial under oath is conclusive and requires discharge of the defendant in indirect contempt cases; the discharge was considered as justified because the defendant could be convicted of perjury if the defendant had sworn falsely in the answer or in a motion denying the charge. The amendment of section 38.22, Florida Statutes, however, has been construed to no longer justify the discharge of the defendant merely because the defendant denies the charge under oath. See Ex parte Earman, 85 Fla. 297, 95 So. 755 (1923), re the common law; see Dodd v. State, 110 So. 2d 22 (Fla. 3d DCA 1959) re the construction of section 38.22, Florida Statutes, as amended. There appears, therefore, no necessity of requiring that a pleading directed to the order to show cause be under oath, except as a matter of policy of holding potential perjury prosecutions over the heads of defendants. It is recommended, therefore, that no oath be required at this stage of the proceeding.
May 10, 2018             Florida Rules of Criminal Procedure                       287 The Florida Bar
Due process of law in the prosecution for indirect contempt requires that the defendant have the right to assistance by counsel. Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185 (1932), adhered to, 107 Fla. 858, 143 So. 436 (1932).
(3) Order of Arrest; Bail. Arrest and bail, although apparently used only rarely, were permissible at common law and, accordingly, are unobjectionable under present Florida law. At times each should serve a useful purpose in contempt proceedings and should be included in the rule. As to the common law, see Ex parte Biggers, supra.
(4) Arraignment; Hearing. Provision is made for a pre-hearing arraignment in case the defendant wishes to plead guilty to the charge prior to the date set for the hearing. The defendant has a constitutional right to a hearing under the due process clauses of the state and federal constitutions. State ex rel. Pipia v. Buchanan, 168 So. 2d 783 (Fla. 3d DCA 1964). This right includes the right to assistance of counsel and the right to call witnesses. Baumgartner v. Joughin, supra. The defendant cannot be compelled to testify against himself. Demetree v. State, ex rel. Marsh, 89 So. 2d 498 (Fla. 1956).
Section 38.22, Florida Statutes, as amended in 1945, provides that all issues of law or fact shall be heard and determined by the judge. Apparently under this statute the defendant is not only precluded from considering a jury trial as a right but also the judge has no discretion to allow the defendant a jury trial. See State ex rel. Huie v. Lewis, supra, and Dodd v. State, supra, in which the court seems to assume this, such assumption seemingly being warranted by the terminology of the statute.
There is no reason to believe that the statute is unconstitutional as being in violation of section 11 of the Declaration of Rights of the Florida Constitution which provides, in part, that the accused in all criminal prosecutions shall have the right to a public trial by an impartial jury. Criminal contempt is not a crime; consequently, no criminal prosecution is involved. Neering v. State, 155 So. 2d 874 (Fla. 1963); State ex rel. Saunders v. Boyer, 166 So. 2d 694 (Fla. 2d DCA 1964); Ballengee v. State, 144 So. 2d 68 (Fla. 2d DCA 1962).
Section 3 of the Declaration of Rights, providing that the right of trial by jury shall be secured to all and remain inviolate forever, also apparently is not violated. This provision has been construed many times as guaranteeing a jury trial in proceedings at common law, as practiced at the time of the adoption of the constitution (see, e.g., Hawkins v. Rellim Inv. Co., 92 Fla. 784, 110 So. 350 (1926)), i.e., it is applicable only to cases in which the right existed before the adoption of the constitution (see, e.g., State ex rel. Sellers v. Parker, 87 Fla. 181, 100 So. 260 (1924)). Section 3 was never intended to extend the right of a trial by jury beyond this point. Boyd v. Dade County, 123 So. 2d 323 (Fla. 1960).
May 10, 2018             Florida Rules of Criminal Procedure                       288 The Florida Bar
There is some authority that trial by jury in indirect criminal contempt existed in the early common law, but this practice was eliminated by the Star Chamber with the result that for centuries the common law courts have punished indirect contempts without a jury trial. See 36 Mississippi Law Journal 106. The practice in Florida to date apparently has been consistent with this position. No case has been found in this state in which a person was tried by a jury for criminal contempt. See Justice Terrell's comment adverse to such jury trials in State ex rel. Huie v. Lewis, supra.
The United States Supreme Court has assumed the same position with reference to the dictates of the common law. Quoting from Eilenbecker v. District Court, 134 U.S. 31, 36, 10 S.Ct. 424, 33 L.Ed. 801 (1890), the Court stated, "If it has ever been understood that proceedings according to the common law for contempt of court have been subject to the right of trial by jury, we have been unable to find any instance of it." United States v. Barnett, 376 U.S. 681, 696, 84 S.Ct. 984, 12 L.Ed.2d 23 (1964). In answer to the contention that contempt proceedings without a jury were limited to trivial offenses, the Court stated, "[W]e find no basis for a determination that, at the time the Constitution was adopted, contempt was generally regarded as not extending to cases of serious misconduct." 376 U.S. at 701. There is little doubt, therefore, that a defendant in a criminal contempt case in Florida has no constitutional right to a trial by jury.
Proponents for such trials seemingly must depend on authorization by the legislature or Supreme Court of Florida to attain their objective. By enacting section 38.22, Florida Statutes, which impliedly prohibits trial by jury the legislature exhibited a legislative intent to remain consistent with the common law rule. A possible alternative is for the Supreme Court of Florida to promulgate a rule providing for such trials and assume the position that under its constitutional right to govern practice and procedure in the courts of Florida such rule would supersede section 38.22, Florida Statutes. It is believed that the supreme court has such authority. Accordingly, alternate proposals are offered for the court's consideration; the first provides for a jury trial unless waived by the defendant and the alternate is consistent with present practice.
(5) Disqualification of Judge. Provision for the disqualification of the judge is made in federal rule 42(b). The proposal is patterned after this rule.
Favorable comments concerning disqualification of judges in appropriate cases may be found in opinions of the Supreme Court of Florida. See Pennekamp v. State, 156 Fla. 227, 22 So. 2d 875 (1945), and concurring opinion in State ex rel Huie v. Lewis, supra.
(6) Verdict; Judgment. "Judgment" is deemed preferable to the term "order," since the proper procedure involves an adjudication of guilty. The use of "judgment" is consistent with present Florida practice. E.g., Dinnen v. State, 168 So. 2d 703 (Fla. 2d DCA 1964); State ex rel. Byrd v. Anderson, 168 So .2d 554 (Fla. 1st DCA 1964).
May 10, 2018             Florida Rules of Criminal Procedure                       289 The Florida Bar
The recital in the judgment of facts constituting the contempt serves to preserve for postconviction purposes a composite record of the offense by the person best qualified to make such recital: the judge. See Ryals v. United States, 69 F.2d 946 (5th Cir. 1934), in which such procedure is referred to as "good practice."
(7) Sentence; Indirect Contempt. The substance of this subdivision is found in present sections 921.05(2), 921.07 and 921.13, Florida Statutes. While these sections are concerned with sentences in criminal cases, the First District Court of Appeal in 1964 held that unless a defendant convicted of criminal contempt is paid the same deference the defendant is not being accorded due process of law as provided in section 12 of the Declaration of Rights of the Florida Constitution and the Fourteenth Amendment of the Constitution of the United States. Neering v. State, 164 So. 2d 29 (Fla. 1st DCA 1964).
Statement concerning the effect the adoption of this proposed rule will have on contempt statutes:
This rule is not concerned with the source of the power of courts to punish for contempt. It is concerned with desirable procedure to be employed in the implementation of such power. Consequently, its adoption will in no way affect the Florida statutes purporting to be legislative grants of authority to the courts to punish for contempt, viz., sections 38.22 (dealing with "all" courts), 932.03 (dealing with courts having original jurisdiction in criminal cases), and 39.13 (dealing with juvenile courts). This is true regardless of whether the source of power is considered to lie exclusively with the courts as an inherent power or is subject, at least in part, to legislative grant.
The adoption of the rule also will leave unaffected the numerous Florida statutes concerned with various situations considered by the legislature to be punishable as contempt (e.g., section 38.23, Florida Statutes), since these statutes deal with substantive rather than procedural law.
Section 38.22, Florida Statutes, as discussed in the preceding notes, is concerned with procedure in that it requires the court to hear and determine all questions of law or fact. Insofar, therefore, as criminal contempts are concerned the adoption of the alternate proposal providing for a jury trial will mean that the rule supersedes this aspect of the statute and the statute should be amended accordingly.
1972 Amendment. Same as prior rule.




--
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Tuesday, December 04, 2018

Birthright citizenship requires one to become "subject to the jurisdiction of the United States"

14th Amendment first sentence:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. "

Aliens, including those with residence permits, are NOT subject to the jurisdiction of the United States.  They are subject to the jurisdiction of their homeland governments, and live in the US under terms of treaties.

This is why the man born in Philadelphia to Jamaica citizen parents is NOT a US Citizen unless he has gone through the naturalization process to remove his allegiance and nexus to Jamaica and replace it with allegiance and nexus to the United States.

https://www.miamiherald.com/news/local/community/florida-keys/article222557500.html

The story fails to say whether Brown's parents were Jamaica citizens.  If Brown's parents were Jamaica citizens at the time of his birth in Philadelphia, then Brown is also a Jamaica citizen.

The President has the duty to enforce the US Constitution and laws pursuant thereto, regardless of the politically motivated edicts of the US Supreme Court and whining of leftists in Congress.  He could start deporting people like Brown in the above cited article who claim, but do not have, US Citizenship.

--
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Do home loan creditors owe borrowers a loan modification? Or should borrowers ATTACK?

https://www.msn.com/en-us/money/companies/wells-fargo-computer-glitch-blamed-as-hundreds-lose-their-homes/ar-BBQtjz7

"Wells Fargo says a computer glitch is partly to blame for an error affecting an estimated 500 customers who lost their homes. The giant bank filed papers with the Securities and Exchange Commission last month, revealing it incorrectly denied 870 loan modification requests. About 60 percent of those homeowners went into foreclosure."

Since when does a lender owe a loan modification to a borrower?  Since NEVER*.

The borrower and lender agreed on the original loan, the borrower signed the note and the security instrument (deed of trust or mortgage), the borrower owes the creditor the money through the monthly payment schedule, and if the borrower breaches the agreement, the creditor has the right to foreclose and force a sale of the mortgaged property to discharge the debt.

The courts have the obligation to enforce the terms of that agreement, and in the case of a deed of trust, the borrower has confessed judgment against himself for failure to make timely payments, so the creditor doesn't even have to sue in order to enforce the agreement.

Government has no authority to force a modification of the terms of a valid, conscionable contract (albeit some courts have highhandedly abrogated valid agreements in the past).

*The creditor owes no obligation to the borrower to modify the terms of the loan, unless the creditor promised the borrower a loan mod if the borrower completed the trial payment program under the Home Affordable Mortgage Program (HAMP).  HAMP expired on 31 Dec 2016.  In any case, the loan mod constitutes a terribly bad deal for mortgagors because the interest rate goes up in a few years, and the borrower owes a huge balloon payment at the end of the loan term which most borrowers cannot afford.

The best way to avoid foreclosure is to save up and PAY CASH FOR THE HOUSE or lease it with an option to buy.

Mortgage Attack - the only sensible strategy for borrowers

From my observations, one or more entities injured the borrower in the loan transaction, so I recommend finding the injuries and going on the ATTACK (see http://mortgageattack.com).  Think about it.  The appraiser lies about the value of the property, the mortgage broker lies about the terms of the loan and charges excessive interest, the servicer forces insurance on the borrower who already has adequate insurance, the creditor lies about the loan mod, the creditor lies about the cost of the loan.  I estimate that upwards of 90% of the home loan/HELOC borrowers have suffered such injuries in the past 15 years.  By finding the injuries and attacking the injurious entities, the borrower can end up with damages and fees paid, and the house free and clear.  Mortgage Attack makes sense for all home loan borrowers.


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Sunday, October 21, 2018

Why I wholeheartedly promote EUGENICS

I'll never quit wholeheartedly promoting eugenics, the science of improving a human population by controlled breeding to increase the occurrence of desireable heritable characteristics, for three good reasons:
  1. First of all, it makes sense to improve intelligence and biologic function through prudent mate selection.
  2. Second, Jews, from the time of Abraham's family, made it work well in producing the smartest race in the world - Hasidim have average IQ of 115.
  3. Third, it is part of God's master plan for our area of his creation.  See below.

THE URANTIA BOOK

The Urantia Book's non-human authors present the book as the fifth epochal revealing of truth by God to the people of our world. While it is just a book published in 1955 by The Urantia Foundation, it is also a masterpiece of American language literature and philosophically consistent from cover to cover.

Excerpt from the Foreword:

 IN THE MINDS of the mortals of Urantia--that being the name of your world--there exists great confusion respecting the meaning of such terms as God, divinity, and deity. Human beings are still more confused and uncertain about the relationships of the divine personalities designated by these numerous appellations. Because of this conceptual poverty associated with so much ideational confusion, I have been directed to formulate this introductory statement in explanation of the meanings which should be attached to certain word symbols as they may be hereinafter used in those papers which the Orvonton corps of truth revealers have been authorized to translate into the English language of Urantia.
          It is exceedingly difficult to present enlarged concepts and advanced truth, in our endeavor to expand cosmic consciousness and enhance spiritual perception, when we are restricted to the use of a circumscribed language of the realm. But our mandate admonishes us to make every effort to convey our meanings by using the word symbols of the English tongue. We have been instructed to introduce new terms only when the concept to be portrayed finds no terminology in English which can be employed to convey such a new concept partially or even with more or less distortion of meaning.
          In the hope of facilitating comprehension and of preventing confusion on the part of every mortal who may peruse these papers, we deem it wise to present in this initial statement an outline of the meanings to be attached to numerous English words which are to be employed in designation of Deity and certain associated concepts of the things, meanings, and values of universal reality.
          But in order to formulate this Foreword of definitions and limitations of terminology, it is necessary to anticipate the usage of these terms in the subsequent presentations. This Foreword is not, therefore, a finished statement within itself; it is only a definitive guide designed to assist those who shall read the accompanying papers dealing with Deity and the universe of universes which have been formulated by an Orvonton commission sent to Urantia for this purpose.
          Your world, Urantia, is one of many similar inhabited planets which comprise the local universe of Nebadon. This universe, together with similar creations, makes up the superuniverse of Orvonton, from whose capital, Uversa, our commission hails. Orvonton is one of the seven evolutionary superuniverses of time and space which circle the never-beginning, never-ending creation of divine perfection--the central universe of Havona. At the heart of this eternal and central universe is the stationary Isle of Paradise, the geographic center of infinity and the dwelling place of the eternal God.
          The seven evolving superuniverses in association with the central and divine universe, we commonly refer to as the grand universe; these are the now organized and inhabited creations. They are all a part of the master universe, which also embraces the uninhabited but mobilizing universes of outer space.


FREE FAST-SEARCH PERSONAL VERSION


Get your Windows Help (compiled html) FREE version of The Urantia Book here (4.2MB). Download and doubleclick.  Windows help will load it and let you browse, read, and do lightning fast searches. 


About Eugenics in The Urantia Book


Regarding the subject of eugenics, I refer you to Paper 51 (full text below). See its context in this Table of Contents for Part II of The Urantia Book:

PART II - THE LOCAL UNIVERSE

Also, see my final comments at the end of Paper 51.  Here's the full text (I provided the highlighting).



*********** Beginning of Urantia Book Excerpt **********



Page 580

PAPER 51 - THE PLANETARY ADAMS

During the dispensation of a Planetary Prince, primitive man reaches the limit of natural evolutionary development, and this biologic attainment signals the System Sovereign to dispatch to such a world the second order of sonship, the biologic uplifters. These Sons, for there are two of them--the Material Son and Daughter--are usually known on a planet as Adam and Eve. The original Material Son of Satania is Adam, and those who go to the system worlds as biologic uplifters always carry the name of this first and original Son of their unique order.

These Sons are the material gift of the Creator Son to the inhabited worlds. Together with the Planetary Prince, they remain on their planet of assignment throughout the evolutionary course of such a sphere. Such an adventure on a world having a Planetary Prince is not much of a hazard, but on an apostate planet, a realm without a spiritual ruler and deprived of interplanetary communication, such a mission is fraught with grave danger.

Although you cannot hope to know all about the work of these Sons on all the worlds of Satania and other systems, other papers depict more fully the life and experiences of the interesting pair, Adam and Eve, who came from the corps of the biologic uplifters of Jerusem to upstep the Urantia races. While there was a miscarriage of the ideal plans for improving your native races, still, Adam's mission was not in vain; Urantia has profited immeasurably from the gift of Adam and Eve, and among their fellows and in the councils on high their work is not reckoned as a total loss.


1. ORIGIN AND NATURE OF THE MATERIAL SONS OF GOD

The material or sex Sons and Daughters are the offspring of the Creator Son; the Universe Mother Spirit does not participate in the production of these beings who are destined to function as physical uplifters on the evolutionary worlds.

The material order of sonship is not uniform throughout the local universe. The Creator Son produces only one pair of these beings in each local system; these original pairs are diverse in nature, being attuned to the life pattern of their respective systems. This is a necessary provision since otherwise the reproductive potential of the Adams would be nonfunctional with that of the evolving mortal beings of the worlds of any one particular system. The Adam and Eve who came to Urantia were descended from the original Satania pair of Material Sons.

Material Sons vary in height from eight to ten feet, and their bodies glow with the brilliance of radiant light of a violet hue. While material blood circulates


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through their material bodies, they are also surcharged with divine energy and saturated with celestial light. These Material Sons (the Adams) and Material Daughters (the Eves) are equal to each other, differing only in reproductive nature and in certain chemical endowments. They are equal but differential, male and female--hence complemental--and are designed to serve on almost all assignments in pairs.

The Material Sons enjoy a dual nutrition; they are really dual in nature and constitution, partaking of materialized energy much as do the physical beings of the realm, while their immortal existence is fully maintained by the direct and automatic intake of certain sustaining cosmic energies. Should they fail on some mission of assignment or even consciously and deliberately rebel, this order of Sons becomes isolated, cut off from connection with the universe source of light and life. Thereupon they become practically material beings, destined to take the course of material life on the world of their assignment and compelled to look to the universe magistrates for adjudication. Material death will eventually terminate the planetary career of such an unfortunate and unwise Material Son or Daughter.

An original or directly created Adam and Eve are immortal by inherent endowment just as are all other orders of local universe sonship, but a diminution of immortality potential characterizes their sons and daughters. This original couple cannot transmit unconditioned immortality to their procreated sons and daughters. Their progeny are dependent for continuing life on unbroken intellectual synchrony with the mind-gravity circuit of the Spirit. Since the inception of the system of Satania, thirteen Planetary Adams have been lost in rebellion and default and 681,204 in the subordinate positions of trust. Most of these defections occurred at the time of the Lucifer rebellion.

While living as permanent citizens on the system capitals, even when functioning on descending missions to the evolutionary planets, the Material Sons do not possess Thought Adjusters, but it is through these very services that they acquire experiential capacity for Adjuster indwellment and the Paradise ascension career. These unique and wonderfully useful beings are the connecting links between the spiritual and physical worlds. They are concentrated on the system headquarters, where they reproduce and carry on as material citizens of the realm, and whence they are dispatched to the evolutionary worlds.

Unlike the other created Sons of planetary service, the material order of sonship is not, by nature, invisible to material creatures like the inhabitants of Urantia. These Sons of God can be seen, understood, and can, in turn, actually mingle with the creatures of time, could even procreate with them, though this role of biologic upliftment usually falls to the progeny of the Planetary Adams.

On Jerusem the loyal children of any Adam and Eve are immortal, but the offspring of a Material Son and Daughter procreated subsequent to their arrival on an evolutionary planet are not thus immune to natural death. There occurs a change in the life-transmitting mechanism when these Sons are rematerialized for reproductive function on an evolutionary world. The Life Carriers designedly deprive the Planetary Adams and Eves of the power of begetting undying sons and daughters. If they do not default, an Adam and Eve on a planetary mission can live on indefinitely, but within certain limits their children experience decreasing longevity with each succeeding generation.

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2. TRANSIT OF THE PLANETARY ADAMS

Upon receipt of the news that another inhabited world has attained the height of physical evolution, the System Sovereign convenes the corps of Material Sons and Daughters on the system capital; and following the discussion of the needs of such an evolutionary world, two of the volunteering group--an Adam and an Eve of the senior corps of Material Sons--are selected to undertake the adventure, to submit to the deep sleep preparatory to being enseraphimed and transported from their home of associated service to the new realm of new opportunities and new dangers.

Adams and Eves are semimaterial creatures and, as such, are not transportable by seraphim. They must undergo dematerialization on the system capital before they can be enseraphimed for transport to the world of assignment. The transport seraphim are able to effect such changes in the Material Sons and in other semimaterial beings as enable them to be enseraphimed and thus to be transported through space from one world or system to another. About three days of standard time are consumed in this transport preparation, and it requires the co-operation of a Life Carrier to restore such a dematerialized creature to normal existence upon arrival at the end of the seraphic-transport journey.

While there is this dematerializing technique for preparing the Adams for transit from Jerusem to the evolutionary worlds, there is no equivalent method for taking them away from such worlds unless the entire planet is to be emptied, in which event emergency installation of the dematerialization technique is made for the entire salvable population. If some physical catastrophe should doom the planetary residence of an evolving race, the Melchizedeks and the Life Carriers would install the technique of dematerialization for all survivors, and by seraphic transport these beings would be carried away to the new world prepared for their continuing existence. The evolution of a human race, once initiated on a world of space, must proceed quite independently of the physical survival of that planet, but during the evolutionary ages it is not otherwise intended that a Planetary Adam or Eve shall leave their chosen world.

Upon arrival at their planetary destination the Material Son and Daughter are rematerialized under the direction of the Life Carriers. This entire process takes ten to twenty-eight days of Urantia time. The unconsciousness of the seraphic slumber continues throughout this entire period of reconstruction. When the reassembly of the physical organism is completed, these Material Sons and Daughters stand in their new homes and on their new worlds to all intents and purposes just as they were before submitting to the dematerializing process on Jerusem.

3. THE ADAMIC MISSIONS

On the inhabited worlds the Material Sons and Daughters construct their own garden homes, soon being assisted by their own children. Usually the site of the garden has been selected by the Planetary Prince, and his corporeal staff do much of the preliminary work of preparation with the help of many of the higher types of native races.

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These Gardens of Eden are so named in honor of Edentia, the constellation capital, and because they are patterned after the botanic grandeur of the headquarters world of the Most High Fathers. Such garden homes are usually located in a secluded section and in a near-tropic zone. They are wonderful creations on an average world. You can judge nothing of these beautiful centers of culture by the fragmentary account of the aborted development of such an undertaking on Urantia.

A Planetary Adam and Eve are, in potential, the full gift of physical grace to the mortal races. The chief business of such an imported pair is to multiply and to uplift the children of time. But there is no immediate interbreeding between the people of the garden and those of the world; for many generations Adam and Eve remain biologically segregated from the evolutionary mortals while they build up a strong race of their order. This is the origin of the violet race on the inhabited worlds.

The plans for race upstepping are prepared by the Planetary Prince and his staff and are executed by Adam and Eve. And this was where your Material Son and his companion were placed at great disadvantage when they arrived on Urantia. Caligastia offered crafty and effective opposition to the Adamic mission; and notwithstanding that the Melchizedek receivers of Urantia had duly warned both Adam and Eve concerning the planetary dangers inherent in the presence of the rebellious Planetary Prince, this archrebel, by a wily stratagem, outmaneuvered the Edenic pair and entrapped them into a violation of the covenant of their trusteeship as the visible rulers of your world. The traitorous Planetary Prince did succeed in compromising your Adam and Eve, but he failed in his effort to involve them in the Lucifer rebellion.

The fifth order of angels, the planetary helpers, are attached to the Adamic mission, always accompanying the Planetary Adams on their world adventures. The corps of initial assignment is usually about one hundred thousand. When the work of the Urantia Adam and Eve was prematurely launched, when they departed from the ordained plan, it was one of the seraphic Voices of the Garden who remonstrated with them concerning their reprehensible conduct. And your narrative of this occurrence well illustrates the manner in which your planetary traditions have tended to ascribe everything supernatural to the Lord God. Because of this, Urantians have often become confused concerning the nature of the Universal Father since the words and acts of all his associates and subordinates have been so generally attributed to him. In the case of Adam and Eve, the angel of the Garden was none other than the chief of the planetary helpers then on duty. This seraphim, Solonia, proclaimed the miscarriage of the divine plan and requisitioned the return of the Melchizedek receivers to Urantia.

The secondary midway creatures are indigenous to the Adamic missions. As with the corporeal staff of the Planetary Prince, the descendants of the Material Sons and Daughters are of two orders: their physical children and the secondary order of midway creatures. These material but ordinarily invisible planetary ministers contribute much to the advancement of civilization and even to the subjection of insubordinate minorities who may seek to subvert social development and spiritual progress.

The secondary midwayers should not be confused with the primary order, who date from the near times of the arrival of the Planetary Prince. On Urantia a majority of these earlier midway creatures went into rebellion with Caligastia

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and have, since Pentecost, been interned. Many of the Adamic group who did not remain loyal to the planetary administration are likewise interned.

On the day of Pentecost the loyal primary and the secondary midwayers effected a voluntary union and have functioned as one unit in world affairs ever since. They serve under the leadership of loyal midwayers alternately chosen from the two groups.

Your world has been visited by four orders of sonship: Caligastia, the Planetary Prince; Adam and Eve of the Material Sons of God; Machiventa Melchizedek, the "sage of Salem" in the days of Abraham; and Christ Michael, who came as the Paradise bestowal Son. How much more effective and beautiful it would have been had Michael, the supreme ruler of the universe of Nebadon, been welcomed to your world by a loyal and efficient Planetary Prince and a devoted and successful Material Son, both of whom could have done so much to enhance the lifework and mission of the bestowal Son! But not all worlds have been so unfortunate as Urantia, neither has the mission of the Planetary Adams always been so difficult or so hazardous. When they are successful, they contribute to the development of a great people, continuing as the visible heads of planetary affairs even far into the age when such a world is settled in light and life.


4. THE SIX EVOLUTIONARY RACES

The race of dominance during the early ages of the inhabited worlds is the red man, who ordinarily is the first to attain human levels of development. But while the red man is the senior race of the planets, the succeeding colored peoples begin to make their appearances very early in the age of mortal emergence.

The earlier races are somewhat superior to the later; the red man stands far above the indigo--black--race. The Life Carriers impart the full bestowal of the living energies to the initial or red race, and each succeeding evolutionary manifestation of a distinct group of mortals represents variation at the expense of the original endowment. Even mortal stature tends to decrease from the red man down to the indigo race, although on Urantia unexpected strains of giantism appeared among the green and orange peoples.

On those worlds having all six evolutionary races the superior peoples are the first, third, and fifth races--the red, the yellow, and the blue. The evolutionary races thus alternate in capacity for intellectual growth and spiritual development, the second, fourth, and sixth being somewhat less endowed. These secondary races are the peoples that are missing on certain worlds; they are the ones that have been exterminated on many others. It is a misfortune on Urantia that you so largely lost your superior blue men, except as they persist in your amalgamated "white race." The loss of your orange and green stocks is not of such serious concern.

The evolution of six--or of three--colored races, while seeming to deteriorate the original endowment of the red man, provides certain very desirable variations in mortal types and affords an otherwise unattainable expression of diverse human potentials. These modifications are beneficial to the progress of mankind as a whole provided they are subsequently upstepped by the imported Adamic or violet race. On Urantia this usual plan of amalgamation was not extensively carried out, and this failure to execute the plan of race evolution makes it impossible for you to understand very much about the status of these peoples


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on an average inhabited planet by observing the remnants of these early races on your world.

In the early days of racial development there is a slight tendency for the red, the yellow, and the blue men to interbreed; there is a similar tendency for the orange, green, and indigo races to intermingle.

The more backward humans are usually employed as laborers by the more progressive races. This accounts for the origin of slavery on the planets during the early ages. The orange men are usually subdued by the red and reduced to the status of servants--sometimes exterminated. The yellow and red men often fraternize, but not always. The yellow race usually enslaves the green, while the blue man subdues the indigo. These races of primitive men think no more of utilizing the services of their backward fellows in compulsory labor than Urantians would of buying and selling horses and cattle.

On most normal worlds involuntary servitude does not survive the dispensation of the Planetary Prince, although mental defectives and social delinquents are often still compelled to perform involuntary labor. But on all normal spheres this sort of primitive slavery is abolished soon after the arrival of the imported violet or Adamic race.

These six evolutionary races are destined to be blended and exalted by amalgamation with the progeny of the Adamic uplifters. But before these peoples are blended, the inferior and unfit are largely eliminated. The Planetary Prince and the Material Son, with other suitable planetary authorities, pass upon the fitness of the reproducing strains. The difficulty of executing such a radical program on Urantia consists in the absence of competent judges to pass upon the biologic fitness or unfitness of the individuals of your world races. Notwithstanding this obstacle, it seems that you ought to be able to agree upon the biologic disfellowshiping of your more markedly unfit, defective, degenerate, and antisocial stocks.


5. RACIAL AMALGAMATION--BESTOWAL OF THE ADAMIC BLOOD

When a Planetary Adam and Eve arrive on an inhabited world, they have been fully instructed by their superiors as to the best way to effect the improvement of the existing races of intelligent beings. The plan of procedure is not uniform; much is left to the judgment of the ministering pair, and mistakes are not infrequent, especially on disordered, insurrectionary worlds, such as Urantia.

Usually the violet peoples do not begin to amalgamate with the planetary natives until their own group numbers over one million. But in the meantime the staff of the Planetary Prince proclaims that the children of the Gods have come down, as it were, to be one with the races of men; and the people eagerly look forward to the day when announcement will be made that those who have qualified as belonging to the superior racial strains may proceed to the Garden of Eden and be there chosen by the sons and daughters of Adam as the evolutionary fathers and mothers of the new and blended order of mankind.

On normal worlds the Planetary Adam and Eve never mate with the evolutionary races. This work of biologic betterment is a function of the Adamic progeny. But these Adamites do not go out among the races; the prince's staff bring to the Garden of Eden the superior men and women for voluntary mating

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with the Adamic offspring. And on most worlds it is considered the highest honor to be selected as a candidate for mating with the sons and daughters of the garden.

For the first time the racial wars and other tribal struggles are diminished, while the world races increasingly strive to qualify for recognition and admission to the garden. You can at best have but a very meager idea of how this competitive struggle comes to occupy the center of all activities on a normal planet. This whole scheme of race improvement was early wrecked on Urantia.

The violet race is a monogamous people, and every evolutionary man or woman uniting with the Adamic sons and daughters pledges not to take other mates and to instruct his or her children in single-matedness. The children of each of these unions are educated and trained in the schools of the Planetary Prince and then are permitted to go forth to the race of their evolutionary parent, there to marry among the selected groups of superior mortals.

When this strain of the Material Sons is added to the evolving races of the worlds, a new and greater era of evolutionary progress is initiated. Following this procreative outpouring of imported ability and superevolutionary traits there ensues a succession of rapid strides in civilization and racial development; in one hundred thousand years more progress is made than in a million years of former struggle. In your world, even in the face of the miscarriage of the ordained plans, great progress has been made since the gift to your peoples of Adam's life plasm.

But while the pure-line children of a planetary Garden of Eden can bestow themselves upon the superior members of the evolutionary races and thereby upstep the biologic level of mankind, it would not prove beneficial for the higher strains of Urantia mortals to mate with the lower races; such an unwise procedure would jeopardize all civilization on your world. Having failed to achieve race harmonization by the Adamic technique, you must now work out your planetary problem of race improvement by other and largely human methods of adaptation and control.


6. THE EDENIC REGIME

On most of the inhabited worlds the Gardens of Eden remain as superb cultural centers and continue to function as the social patterns of planetary conduct and usage age after age. Even in early times when the violet peoples are relatively segregated, their schools receive suitable candidates from among the world races, while the industrial developments of the garden open up new channels of commercial intercourse. Thus do the Adams and Eves and their progeny contribute to the sudden expansion of culture and to the rapid improvement of the evolutionary races of their worlds. And all of these relationships are augmented and sealed by the amalgamation of the evolutionary races and the sons of Adam, resulting in the immediate upstepping of biologic status, the quickening of intellectual potential, and the enhancement of spiritual receptivity.

On normal worlds the garden headquarters of the violet race becomes the second center of world culture and, jointly with the headquarters city of the Planetary Prince, sets the pace for the development of civilization. For centuries the city headquarters schools of the Planetary Prince and the garden schools of Adam and Eve are contemporary. They are usually not very far apart, and they work together in harmonious co-operation.

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Think what it would mean on your world if somewhere in the Levant there were a world center of civilization, a great planetary university of culture, which had functioned uninterruptedly for 37,000 years. And again, pause to consider how the moral authority of even such an ancient center would be reinforced were there situated not far-distant still another and older headquarters of celestial ministry whose traditions would exert a cumulative force of 500,000 years of integrated evolutionary influence. It is custom which eventually spreads the ideals of Eden to a whole world.

The schools of the Planetary Prince are primarily concerned with philosophy, religion, morals, and the higher intellectual and artistic achievements. The garden schools of Adam and Eve are usually devoted to practical arts, fundamental intellectual training, social culture, economic development, trade relations, physical efficiency, and civil government. Eventually these world centers amalgamate, but this actual affiliation sometimes does not occur until the times of the first Magisterial Son.

The continuing existence of the Planetary Adam and Eve, together with the pure-line nucleus of the violet race, imparts that stability of growth to Edenic culture by virtue of which it comes to act upon the civilization of a world with the compelling force of tradition. In these immortal Material Sons and Daughters we encounter the last and the indispensable link connecting God with man, bridging the almost infinite gulf between the eternal Creator and the lowest finite personalities of time. Here is a being of high origin who is physical, material, even a sex creature like Urantia mortals, one who can see and comprehend the invisible Planetary Prince and interpret him to the mortal creatures of the realm, for the Material Sons and Daughters are able to see all of the lower orders of spirit beings; they visualize the Planetary Prince and his entire staff, visible and invisible.

With the passing of centuries, through the amalgamation of their progeny with the races of men, this same Material Son and Daughter become accepted as the common ancestors of mankind, the common parents of the now blended descendants of the evolutionary races. It is intended that mortals who start out from an inhabited world have the experience of recognizing seven fathers:

1. The biologic father--the father in the flesh.

2. The father of the realm--the Planetary Adam.

3. The father of the spheres--the System Sovereign.

4. The Most High Father--the Constellation Father.

5. The universe Father--the Creator Son and supreme ruler of the local creations.

6. The super-Fathers--the Ancients of Days who govern the superuniverse.

7. The spirit or Havona Father--the Universal Father, who dwells on Paradise and bestows his spirit to live and work in the minds of the lowly creatures who inhabit the universe of universes.


7. UNITED ADMINISTRATION

From time to time the Avonal Sons of Paradise come to the inhabited worlds for judicial actions, but the first Avonal to arrive on a magisterial mission inaugurates


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the fourth dispensation of an evolutionary world of time and space. On some planets where this Magisterial Son is universally accepted, he remains for one age; and thus the planet prospers under the joint rulership of three Sons: the Planetary Prince, the Material Son, and the Magisterial Son, the latter two being visible to all the inhabitants of the realm.

Before the first Magisterial Son concludes his mission on a normal evolutionary world, there has been effected the union of the educational and administrative work of the Planetary Prince and the Material Son. This amalgamation of the dual supervision of a planet brings into existence a new and effective order of world administration. Upon the retirement of the Magisterial Son the Planetary Adam assumes the outward direction of the sphere. The Material Son and Daughter thus act jointly as planetary administrators until the settling of the world in the era of light and life; whereupon the Planetary Prince is elevated to the position of Planetary Sovereign. During this age of advanced evolution, Adam and Eve become what might be called joint prime ministers of the glorified realm.

As soon as the new and consolidated capital of the evolving world has become well established, and just as fast as competent subordinate administrators can be properly trained, subcapitals are founded on remote land bodies and among the different peoples. Before the arrival of another dispensational Son, from fifty to one hundred of these subcenters will have been organized.

The Planetary Prince and his staff still foster the spiritual and philosophic domains of activity. Adam and Eve pay particular attention to the physical, scientific, and economic status of the realm. Both groups equally devote their energies to the promotion of the arts, social relations, and intellectual achievements.

By the time of the inauguration of the fifth dispensation of world affairs, a magnificent administration of planetary activities has been achieved. Mortal existence on such a well-managed sphere is indeed stimulating and profitable. And if Urantians could only observe life on such a planet, they would immediately appreciate the value of those things which their world has lost through embracing evil and participating in rebellion.

[Presented by a Secondary Lanonandek Son of the Reserve Corps.]


*********** End of Urantia Book Excerpt **********



Now, the Urantia Book goes further on the subject of eugenics in its Part III, dealing with the history of our world.  There it explains what happened in Adam and Eve's adventure here 38,000 years ago, and the effect of our biological enrichment from their genes.  Take note of Papers 73-78. 


Stop and ponder the possibilities if Adam and Eve had fully succeeded in their biological upliftment of the races of our world.  They would have started with a gene pool of 500,000 of their descendants in the Violet race.  They would have selectively intermarried them with the best genetic examples of humans from the various human races of our world.  And those pairs and their offspring would have become the leaders of those racial groups.  They would have popularized eugenics practices for all of the foreseeable future.  And that would have resulted in a totally different kind of people for our world today, possibly just one amalgamated race with no racial strife or divisiveness.

Just ponder...


THE URANTIA BOOK PART III
FYI, Part IV deals with the Life and Teachings of Jesus, and it is truly inspirational.  I highly commend it to your reading.  For a foretaste, click on Paper 100 above, then scroll to and read topic 7 - The Acme of Religious Living.  I think you'll like it.


Bob Hurt
727 669 5511
Clearwater, FL