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      <H1 align=3Dcenter>Driver Licensing vs. Right to Travel</H1>
      <P align=3Dcenter><B>Author Unknown</B>=20
      <P>The following argument has been used in at least three states=20
      (Pennsylvania, Ohio, and West Virginia) as a legal brief to =
support a=20
      demand for dismissal of charges of "<B>driving without a =
license</B>." It=20
      is the argument that was the reason for the charges to be dropped, =
or for=20
      a "<B>win</B>" in court against the argument that free people can =
have=20
      their right to travel regulated by their servants.=20
      <P>The <U>forgotten</U> legal maxim is that free people have a =
right to=20
      travel on the roads which are provided by their servants for that =
purpose,=20
      using ordinary transportation of the day. Licensing cannot be =
required of=20
      free people, because taking on the restrictions of a license =
requires the=20
      surrender of a right. The driver's license can be required of =
people who=20
      use the highways for trade, commerce, or hire; that is, if they =
earn their=20
      living on the road, and if they use extraordinary machines on the =
roads.=20
      If you are not using the highways for profit, you cannot be =
required to=20
      have a driver's license. <BR><BR><BR><BR>
      <H2 align=3Dcenter>BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL FOR =
LACK OF=20
      JURISDICTION</H2>
      <P>NOW, comes the Accused, appearing specially and not generally =
or=20
      voluntarily, but under threat of arrest if he failed to do so, =
with this=20
      "BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL FOR LACK OF =
JURISDICTION,"=20
      stating as follows:=20
      <H2 align=3Dcenter>ARGUMENT</H2>
      <P>If ever a judge understood the public's right to use the public =
roads,=20
      it was Justice Tolman of the Supreme Court of the State of =
Washington.=20
      Justice Tolman stated:=20
      <BLOCKQUOTE>"Complete freedom of the highways is so old and well=20
        established a blessing that we have forgotten the days of the =
Robber=20
        Barons and toll roads, and yet, under an act like this, =
arbitrarily=20
        administered, the highways may be completely monopolized, if, =
through=20
        lack of interest, the people submit, then they may look to see =
the most=20
        sacred of their liberties taken from them one by one, by more or =
less=20
        rapid encroachment."</BLOCKQUOTE>
      <P align=3Dright><U>Robertson vs. Department of Public Works</U>, =
180 Wash=20
      133, 147.=20
      <P>The words of Justice Tolman ring most prophetically in the ears =
of=20
      Citizens throughout the country today as the use of the public =
roads has=20
      been monopolized by the very entity which has been empowered to =
stand=20
      guard over our freedoms, i.e., that of state government.=20
      <H2 align=3Dcenter>RIGHTS</H2>
      <P>The "<EM>most sacred of liberties</EM>" of which Justice Tolman =
spoke=20
      was personal liberty. The definition of personal liberty is:=20
      <BLOCKQUOTE>"Personal liberty, or the Right to enjoyment of life =
and=20
        liberty, is one of the fundamental or natural Rights, which has =
been=20
        protected by its inclusion as a guarantee in the various =
constitutions,=20
        which is not derived from, or dependent on, the U.S. =
Constitution, which=20
        may not be submitted to a vote and may not depend on the outcome =
of an=20
        election. It is one of the most sacred and valuable Rights, as =
sacred as=20
        the Right to private property ... and is regarded as=20
      inalienable."</BLOCKQUOTE>
      <P align=3Dright><U>16 C.J.S., Constitutional Law</U>, Sect.202, =
p.987=20
      <P>This concept is further amplified by the definition of personal =

      liberty:=20
      <BLOCKQUOTE>"Personal liberty largely consists of the Right of=20
        locomotion -- to go where and when one pleases -- only so far =
restrained=20
        as the Rights of others may make it necessary for the welfare of =
all=20
        other citizens. The Right of the Citizen to travel upon the =
public=20
        highways and to transport his property thereon, by horse drawn =
carriage,=20
        wagon, or automobile, is not a mere privilege which may be =
permitted or=20
        prohibited at will, but the common Right which he has under his =
Right to=20
        life, liberty, and the pursuit of happiness. Under this =
Constitutional=20
        guarantee one may, therefore, under normal conditions, travel at =
his=20
        inclination along the public highways or in public places, and =
while=20
        conducting himself in an orderly and decent manner, neither =
interfering=20
        with nor disturbing another's Rights, he will be protected, not =
only in=20
        his person, but in his safe conduct."</BLOCKQUOTE>
      <P align=3Dright><U>II Am.Jur. (1st) Constitutional Law</U>, =
Sect.329,=20
      p.1135=20
      <P>and further ...=20
      <BLOCKQUOTE>"Personal liberty -- consists of the power of =
locomotion, of=20
        changing situations, of removing one's person to whatever place =
one's=20
        inclination may direct, without imprisonment or restraint unless =
by due=20
        process of law."</BLOCKQUOTE>
      <P align=3Dright><U>Bovier's Law Dictionary, 1914 ed.</U>, =
<U>Black's Law=20
      Dictionary, 5th ed.</U>; <BR><U>Blackstone's Commentary</U> 134;=20
      <BR><U>Hare, Constitution</U>, Pg. 777=20
      <P>Justice Tolman was concerned about the State prohibiting the =
Citizen=20
      from the "<EM>most sacred of his liberties</EM>," the Right of =
movement,=20
      the Right of moving one's self from place to place without threat =
of=20
      imprisonment, the Right to use the public roads in the ordinary =
course of=20
      life.=20
      <P>When the State allows the formation of a corporation it may =
control its=20
      creation by establishing guidelines (statutes) for its operation=20
      (charters). Corporations who use the roads in the course of =
business do=20
      not use the roads in the ordinary course of life. There is a =
difference=20
      between a corporation and an individual. The United States Supreme =
Court=20
      has stated:=20
      <BLOCKQUOTE>"...We are of the opinion that there is a clear =
distinction=20
        in this particular between an individual and a corporation, and =
that the=20
        latter has no right to refuse to submit its books and papers for =

        examination on the suit of the State. The individual may stand =
upon his=20
        Constitutional Rights as a Citizen. He is entitled to carry on =
his=20
        private business in his own way. His power to contract is =
unlimited. He=20
        owes no duty to the State or to his neighbors to divulge his =
business,=20
        or to open his doors to investigation, so far as it may tend to=20
        incriminate him. He owes no such duty to the State, since he =
receives=20
        nothing therefrom, beyond the protection of his life, liberty, =
and=20
        property. His Rights are such as the law of the land long =
antecedent to=20
        the organization of the state, and can only be taken from him by =
due=20
        process of law, and in accordance with the Constitution. Among =
his=20
        Rights are the refusal to incriminate himself, and the immunity =
of=20
        himself and his property from arrest or seizure except under =
warrant of=20
        law. He owes nothing to the public so long as he does not =
trespass upon=20
        their rights."</BLOCKQUOTE>
      <BLOCKQUOTE>"Upon the other hand, the corporation is a creature of =
the=20
        state. It is presumed to be incorporated for the benefit of the =
public.=20
        It receives certain special privileges and franchises, and holds =
them=20
        subject to the laws of the state and the limitations of its =
charter. Its=20
        rights to act as a corporation are only preserved to it so long =
as it=20
        obeys the laws of its creation. There is a reserved right in the =

        legislature to investigate its contracts and find out whether it =
has=20
        exceeded its powers. It would be a strange anomaly to hold that =
the=20
        State, having chartered a corporation to make use of certain =
franchises,=20
        could not in exercise of its sovereignty inquire how those =
franchises=20
        had been employed, and whether they had been abused, and demand =
the=20
        production of corporate books and papers for that purpose." =
</BLOCKQUOTE>
      <P align=3Dright><U>Hale vs. Hinkel</U>, 201 US 43, 74-75=20
      <P>Corporations engaged in mercantile equity fall under the =
purview of the=20
      State's admiralty jurisdiction, and the public at large must be =
protected=20
      from their activities, as they (the corporations) are engaged in =
business=20
      for profit.=20
      <BLOCKQUOTE>"...Based upon the fundamental ground that the =
sovereign=20
        state has the plenary control of the streets and highways in the =

        exercise of its police power (see police power, infra.), may =
absolutely=20
        prohibit the use of the streets as a place for the prosecution =
of a=20
        private business for gain. They all recognize the fundamental=20
        distinction between the ordinary Right of the Citizen to use the =
streets=20
        in the usual way and the use of the streets as a place of =
business or a=20
        main instrumentality of business for private gain. The former is =
a=20
        common Right, the latter is an extraordinary use. As to the =
former, the=20
        legislative power is confined to regulation, as to the latter, =
it is=20
        plenary and extends even to absolute prohibition. Since the use =
of the=20
        streets by a common carrier in the prosecution of its business =
as such=20
        is not a right but a mere license of privilege."</BLOCKQUOTE>
      <P align=3Dright><U>Hadfield vs. Lundin</U>, 98 Wash 516=20
      <P>It will be necessary to review early cases and legal authority =
in order=20
      to reach a lawfully correct theory dealing with this Right or =
"privilege."=20
      We will attempt to reach a sound conclusion as to what is a "Right =
to use=20
      the road" and what is a "privilege to use the road". Once reaching =
this=20
      determination, we shall then apply those positions to modern case=20
      decision.=20
      <BLOCKQUOTE>"Where rights secured by the Constitution are =
involved,=20
        there can be no rule making or legislation which would abrogate=20
      them."</BLOCKQUOTE>
      <P align=3Dright><U>Miranda vs. Arizona</U>, 384 US 436, 491=20
      <P>and ...=20
      <BLOCKQUOTE>"The claim and exercise of a constitutional Right =
cannot be=20
        converted into a crime."</BLOCKQUOTE>
      <P align=3Dright><U>Miller vs. U.S.</U>, 230 F. 486, 489=20
      <P>and ...=20
      <BLOCKQUOTE>"There can be no sanction or penalty imposed upon one=20
        because of this exercise of constitutional Rights."</BLOCKQUOTE>
      <P align=3Dright><U>Snerer vs. Cullen</U>, 481 F. 946=20
      <P>Streets and highways are established and maintained for the =
purpose of=20
      travel and transportation by the public. Such travel may be for =
business=20
      or pleasure.=20
      <BLOCKQUOTE>"The use of the highways for the purpose of travel and =

        transportation is not a mere privilege, but a common and =
fundamental=20
        Right of which the public and the individual cannot be =
rightfully=20
        deprived."</BLOCKQUOTE>
      <P align=3Dright><U>Chicago Motor Coach vs. Chicago</U>, 169 NE =
22?1;=20
      <BR><U>Ligare vs. Chicago</U>, 28 NE 934; <BR><U>Boon vs. =
Clark</U>, 214=20
      SSW 607; <BR><U>25 Am.Jur. (1st)</U> Highways Sect.163=20
      <P>and ...=20
      <BLOCKQUOTE>"The Right of the Citizen to travel upon the public =
highways=20
        and to transport his property thereon, either by horse drawn =
carriage or=20
        by automobile, is not a mere privilege which a city can prohibit =
or=20
        permit at will, but a common Right which he has under the right =
to life,=20
        liberty, and the pursuit of happiness."</BLOCKQUOTE>
      <P align=3Dright><U>Thompson vs. Smith</U>, 154 SE 579=20
      <P>So we can see that a Citizen has a Right to travel upon the =
public=20
      highways by automobile and the Citizen cannot be rightfully =
deprived of=20
      his Liberty. So where does the misconception that the use of the =
public=20
      road is always and only a privilege come from?=20
      <BLOCKQUOTE>"... For while a Citizen has the Right to travel upon =
the=20
        public highways and to transport his property thereon, that =
Right does=20
        not extend to the use of the highways, either in whole or in =
part, as a=20
        place for private gain. For the latter purpose, no person has a =
vested=20
        right to use the highways of the state, but is a privilege or a =
license=20
        which the legislature may grant or withhold at its=20
      discretion."</BLOCKQUOTE>
      <P align=3Dright><U>State vs. Johnson</U>, 243 P. 1073; =
<BR><U>Cummins vs.=20
      Homes</U>, 155 P. 171; <BR><U>Packard vs. Banton</U>, 44 S.Ct. =
256;=20
      <BR><U>Hadfield vs. Lundin</U>, 98 Wash 516=20
      <P>Here the court held that a Citizen has the Right to travel upon =
the=20
      public highways, but that he did not have the right to conduct =
business=20
      upon the highways. On this point of law all authorities are =
unanimous.=20
      <BLOCKQUOTE>"Heretofore the court has held, and we think =
correctly, that=20
        while a Citizen has the Right to travel upon the public highways =
and to=20
        transport his property thereon, that Right does not extend to =
the use of=20
        the highways, either in whole or in part, as a place of business =
for=20
        private gain."</BLOCKQUOTE>
      <P align=3Dright><U>Willis vs. Buck</U>, 263 P. l 982; =
<BR><U>Barney vs.=20
      Board of Railroad Commissioners</U>, 17 P.2d 82=20
      <P>and ...=20
      <BLOCKQUOTE>"The right of the citizen to travel upon the highway =
and to=20
        transport his property thereon, in the ordinary course of life =
and=20
        business, differs radically and obviously from that of one who =
makes the=20
        highway his place of business for private gain in the running of =
a=20
        stagecoach or omnibus."</BLOCKQUOTE>
      <P align=3Dright><U>State vs. City of Spokane</U>, 186 P. 864=20
      <P>What is this Right of the Citizen which differs so "radically =
and=20
      obviously" from one who uses the highway as a place of business? =
Who=20
      better to enlighten us than Justice Tolman of the Supreme Court of =

      Washington State? In <U>State vs. City of Spokane</U>, supra, the =
Court=20
      also noted a very "radical and obvious" difference, but went on to =
explain=20
      just what the difference is:=20
      <BLOCKQUOTE>"The former is the usual and ordinary right of the =
Citizen,=20
        a common right to all, while the latter is special, unusual, and =

        extraordinary."</BLOCKQUOTE>
      <P>and ...=20
      <BLOCKQUOTE>"This distinction, elementary and fundamental in =
character,=20
        is recognized by all the authorities."</BLOCKQUOTE>
      <P align=3Dright><U>State vs. City of Spokane</U>, supra.=20
      <P>This position does not hang precariously upon only a few cases, =
but has=20
      been proclaimed by an impressive array of cases ranging from the =
state=20
      courts to the federal courts.=20
      <BLOCKQUOTE>"the right of the Citizen to travel upon the highway =
and to=20
        transport his property thereon in the ordinary course of life =
and=20
        business, differs radically and obviously from that of one who =
makes the=20
        highway his place of business and uses it for private gain in =
the=20
        running of a stagecoach or omnibus. The former is the usual and =
ordinary=20
        right of the Citizen, a right common to all, while the latter is =

        special, unusual, and extraordinary."</BLOCKQUOTE>
      <P align=3Dright><U>Ex Parte Dickey, (Dickey vs. Davis)</U>, 85 SE =
781=20
      <P>and ...=20
      <BLOCKQUOTE>"The right of the Citizen to travel upon the public =
highways=20
        and to transport his property thereon, in the ordinary course of =
life=20
        and business, is a common right which he has under the right to =
enjoy=20
        life and liberty, to acquire and possess property, and to pursue =

        happiness and safety. It includes the right, in so doing, to use =
the=20
        ordinary and usual conveyances of the day, and under the =
existing modes=20
        of travel, includes the right to drive a horse drawn carriage or =
wagon=20
        thereon or to operate an automobile thereon, for the usual and =
ordinary=20
        purpose of life and business."</BLOCKQUOTE>
      <P align=3Dright><U>Thompson vs. Smith</U>, supra.; <BR><U>Teche =
Lines vs.=20
      Danforth, Miss.</U>, 12 S.2d 784=20
      <P>There is no dissent among various authorities as to this =
position. (See=20
      <U>Am. Jur. [1st] Const. Law, 329</U> and corresponding <U>Am. =
Jur.=20
      [2nd]</U>.)=20
      <BLOCKQUOTE>"Personal liberty -- or the right to enjoyment of life =
and=20
        liberty -- is one of the fundamental or natural rights, which =
has been=20
        protected by its inclusion as a guarantee in the various =
constitutions,=20
        which is not derived from nor dependent on the U.S. =
Constitution. ... It=20
        is one of the most sacred and valuable rights [remember the =
words of=20
        Justice Tolman, supra.] as sacred as the right to private =
property ...=20
        and is regarded as inalienable."</BLOCKQUOTE>
      <P align=3Dright><U>16 C.J.S. Const. Law</U>, Sect.202, Pg. 987=20
      <P>As we can see, the distinction between a "Right" to use the =
public=20
      roads and a "privilege" to use the public roads is drawn upon the =
line of=20
      "using the road as a place of business" and the various state =
courts have=20
      held so. But what have the U.S. Courts held on this point?=20
      <BLOCKQUOTE>"First, it is well established law that the highways =
of the=20
        state are public property, and their primary and preferred use =
is for=20
        private purposes, and that their use for purposes of gain is =
special and=20
        extraordinary which, generally at least, the legislature may =
prohibit or=20
        condition as it sees fit."</BLOCKQUOTE>
      <P align=3Dright><U>Stephenson vs. Rinford</U>, 287 US 251; =
<BR><U>Pachard=20
      vs Banton</U>, 264 US 140, and cases cited; <BR><U>Frost and F. =
Trucking=20
      Co. vs. Railroad Commission</U>, 271 US 592; <BR><U>Railroad =
commission=20
      vs. Inter-City Forwarding Co.</U>, 57 SW.2d 290; <BR><U>Parlett=20
      Cooperative vs. Tidewater Lines</U>, 164 A. 313=20
      <P>So what is a privilege to use the roads? By now it should be =
apparent=20
      even to the "learned" that an attempt to use the road as a place =
of=20
      business is a privilege. The distinction must be drawn between ... =

      <OL type=3D1>
        <LI>Travelling upon and transporting one's property upon the =
public=20
        roads, which is our Right; and ...=20
        <LI>Using the public roads as a place of business or a main=20
        instrumentality of business, which is a privilege. </LI></OL>
      <BLOCKQUOTE>"[The roads] ... are constructed and maintained at =
public=20
        expense, and no person therefore, can insist that he has, or may =

        acquire, a vested right to their use in carrying on a commercial =

        business."</BLOCKQUOTE>
      <P align=3Dright><U>Ex Parte Sterling</U>, 53 SW.2d 294; =
<BR><U>Barney vs.=20
      Railroad Commissioners</U>, 17 P.2d 82; <BR><U>Stephenson vs. =
Binford</U>,=20
      supra.=20
      <BLOCKQUOTE>"When the public highways are made the place of =
business the=20
        state has a right to regulate their use in the interest of =
safety and=20
        convenience of the public as well as the preservation of the=20
      highways."</BLOCKQUOTE>
      <P align=3Dright><U>Thompson vs. Smith</U>, supra.=20
      <BLOCKQUOTE>"[The state's] right to regulate such use is based =
upon the=20
        nature of the business and the use of the highways in connection =

        therewith."</BLOCKQUOTE>
      <P align=3Dright><U>Ibid.</U>=20
      <BLOCKQUOTE>"We know of no inherent right in one to use the =
highways for=20
        commercial purposes. The highways are primarily for the use of =
the=20
        public, and in the interest of the public, the state may =
prohibit or=20
        regulate ... the use of the highways for gain."</BLOCKQUOTE>
      <P align=3Dright><U>Robertson vs. Dept. of Public Works</U>, =
supra.=20
      <P>There should be considerable authority on a subject as =
important a this=20
      deprivation of the liberty of the individual "<EM>using the roads =
in the=20
      ordinary course of life and business</EM>." However, it should be =
noted=20
      that extensive research has not turned up one case or authority=20
      acknowledging the state's power to convert the individual's right =
to=20
      travel upon the public roads into a "<EM>privilege</EM>."=20
      <P>Therefore, it is concluded that the Citizen does have a=20
      "<EM>Right</EM>" to travel and transport his property upon the =
public=20
      highways and roads and the exercise of this Right is not a=20
      "<EM>privilege</EM>."=20
      <H2 align=3Dcenter>DEFINITIONS</H2>
      <P>In order to understand the correct application of the statute =
in=20
      question, we must first define the terms used in connection with =
this=20
      point of law. As will be shown, many terms used today do not, in =
their=20
      legal context, mean what we assume they mean, thus resulting in =
the=20
      misapplication of statutes in the instant case.=20
      <H3>AUTOMOBILE AND MOTOR VEHICLE</H3>
      <P>There is a clear distinction between an automobile and a motor =
vehicle.=20
      An automobile has been defined as:=20
      <BLOCKQUOTE>"The word `automobile' connotes a pleasure vehicle =
designed=20
        for the transportation of persons on highways."</BLOCKQUOTE>
      <P align=3Dright><U>American Mutual Liability Ins. Co., vs. =
Chaput</U>, 60=20
      A.2d 118, 120; 95 NH 200=20
      <P>While the distinction is made clear between the two as the =
courts have=20
      stated:=20
      <BLOCKQUOTE>"A motor vehicle or automobile for hire is a motor =
vehicle,=20
        other than an automobile stage, used for the transportation of =
persons=20
        for which remuneration is received."</BLOCKQUOTE>
      <P align=3Dright><U>International Motor Transit Co. vs. =
Seattle</U>, 251 P.=20
      120=20
      <BLOCKQUOTE>The term `motor vehicle' is different and broader than =
the=20
        word `automobile.'"</BLOCKQUOTE>
      <P align=3Dright><U>City of Dayton vs. DeBrosse</U>, 23 NE.2d 647, =
650; 62=20
      Ohio App. 232=20
      <P>The distinction is made very clear in <U>Title 18 USC 31</U>:=20
      <BLOCKQUOTE>"Motor vehicle" means every description or other =
contrivance=20
        propelled or drawn by mechanical power and used for commercial =
purposes=20
        on the highways in the transportation of passengers, or =
passengers and=20
        property.</BLOCKQUOTE>
      <BLOCKQUOTE>"<EM>Used for commercial purposes</EM>" means the =
carriage=20
        of persons or property for any fare, fee, rate, charge or other=20
        considerations, or directly or indirectly in connection with any =

        business, or other undertaking intended for profit.</BLOCKQUOTE>
      <P>Clearly, an automobile is private property in use for private =
purposes,=20
      while a motor vehicle is a machine which may be used upon the =
highways for=20
      trade, commerce, or hire.=20
      <H3>TRAVEL</H3>The term "<EM>travel</EM>" is a significant term =
and is=20
      defined as:=20
      <BLOCKQUOTE>"The term `travel' and `traveler' are usually =
construed in=20
        their broad and general sense ... so as to include all those who =

        rightfully use the highways viatically (when being reimbursed =
for=20
        expenses) and who have occasion to pass over them for the =
purpose of=20
        business, convenience, or pleasure."</BLOCKQUOTE>
      <P align=3Dright><U>25 Am.Jur. (1st) Highways</U>, Sect.427, Pg. =
717=20
      <BLOCKQUOTE>"<B>Traveler</B> -- One who passes from place to =
place,=20
        whether for pleasure, instruction, business, or =
health."</BLOCKQUOTE>
      <P align=3Dright><U>Locket vs. State</U>, 47 Ala. 45; =
<BR><U>Bovier's Law=20
      Dictionary</U>, 1914 ed., Pg. 3309=20
      <BLOCKQUOTE>"<B>Travel</B> -- To journey or to pass through or =
over; as=20
        a country district, road, etc. To go from one place to another, =
whether=20
        on foot, or horseback, or in any conveyance as a train, an =
automobile,=20
        carriage, ship, or aircraft; Make a journey."</BLOCKQUOTE>
      <P align=3Dright><U>Century Dictionary</U>, Pg. 2034=20
      <P>Therefore, the term "<EM>travel</EM>" or "<EM>traveler</EM>" =
refers to=20
      one who uses a conveyance to go from one place to another, and =
included=20
      all those who use the highways as a matter of Right.=20
      <P>Notice that in all these definitions, the phrase "<EM>for =
hire</EM>"=20
      never occurs. This term "<EM>travel</EM>" or "<EM>traveler</EM>" =
implies,=20
      by definition, one who uses the road as a means to move from one =
place to=20
      another.=20
      <P>Therefore, one who uses the road in the ordinary course of life =
and=20
      business for the purpose of travel and transportation is a =
traveler.=20
      <H3>DRIVER</H3>
      <P>The term "<EM>driver</EM>" in contradistinction to =
"<EM>traveler</EM>,"=20
      is defined as:=20
      <BLOCKQUOTE>"<B>Driver</B> -- One employed in conducting a coach,=20
        carriage, wagon, or other vehicle ..."</BLOCKQUOTE>
      <P align=3Dright><U>Bovier's Law Dictionary</U>, 1914 ed., Pg. 940 =

      <P>Notice that this definition includes one who is =
"<EM>employed</EM>" in=20
      conducting a vehicle. It should be self-evident that this =
individual could=20
      not be "<EM>travelling</EM>" on a journey, but is using the road =
as a=20
      place of business.=20
      <H3>OPERATOR</H3>
      <P>Today we assume that a "<EM>traveler</EM>" is a =
"<EM>driver</EM>," and=20
      a "<EM>driver</EM>" is an "<EM>operator</EM>." However, this is =
not the=20
      case.=20
      <BLOCKQUOTE>"It will be observed from the language of the =
ordinance that=20
        a distinction is to be drawn between the terms `operator' and =
`driver';=20
        the `operator' of the service car being the person who is =
licensed to=20
        have the car on the streets in the business of carrying =
passengers for=20
        hire; while the `driver' is the one who actually drives the car. =

        However, in the actual prosecution of business, it was possible =
for the=20
        same person to be both "<EM>operator</EM>" and=20
      "<EM>driver</EM>."</BLOCKQUOTE>
      <P align=3Dright><U>Newbill vs. Union Indemnity Co.</U>, 60 SE.2d =
658=20
      <P>To further clarify the definition of an "operator" the court =
observed=20
      that this was a vehicle "for hire" and that it was in the business =
of=20
      carrying passengers.=20
      <P>This definition would seem to describe a person who is using =
the road=20
      as a place of business, or in other words, a person engaged in the =

      "privilege" of using the road for gain.=20
      <P>This definition, then, is a further clarification of the =
distinction=20
      mentioned earlier, and therefore:=20
      <OL type=3D1>
        <LI>Travelling upon and transporting one's property upon the =
public=20
        roads as a matter of Right meets the definition of a traveler.=20
        <LI>Using the road as a place of business as a matter of =
privilege meets=20
        the definition of a driver or an operator or both. </LI></OL>
      <H3>TRAFFIC</H3>
      <P>Having defined the terms "automobile," "motor vehicle," =
"traveler,"=20
      "driver," and "operator," the next term to define is =
"<EM>traffic</EM>":=20
      <BLOCKQUOTE>"... Traffic thereon is to some extent destructive,=20
        therefore, the prevention of unnecessary duplication of auto=20
        transportation service will lengthen the life of the highways or =
reduce=20
        the cost of maintenance, the revenue derived by the state ... =
will also=20
        tend toward the public welfare by producing at the expense of =
those=20
        operating for private gain, some small part of the cost of =
repairing the=20
        wear ..."</BLOCKQUOTE>
      <P align=3Dright><U>Northern Pacific R.R. Co. vs. Schoenfeldt</U>, =
213 P. 26=20

      <P>Note: In the above, Justice Tolman expounded upon the key of =
raising=20
      revenue by taxing the "<EM>privilege</EM>" to use the public roads =
"<EM>at=20
      the expense of those operating for gain</EM>."=20
      <P>In this case, the word "<EM>traffic</EM>" is used in =
conjunction with=20
      the unnecessary Auto Transportation Service, or in other words,=20
      "<EM>vehicles for hire</EM>." The word "<EM>traffic</EM>" is =
another word=20
      which is to be strictly construed to the conducting of business.=20
      <BLOCKQUOTE>"<B>Traffic</B> -- Commerce, trade, sale or exchange =
of=20
        merchandise, bills, money, or the like. The passing of goods and =

        commodities from one person to another for an equivalent in =
goods or=20
        money ..."</BLOCKQUOTE>
      <P align=3Dright><U>Bovier's Law Dictionary</U>, 1914 ed., Pg. =
3307=20
      <P>Here again, notice that this definition refers to one =
"<EM>conducting=20
      business</EM>." No mention is made of one who is traveling in his=20
      automobile. This definition is of one who is engaged in the =
passing of a=20
      commodity or goods in exchange for money, i.e .., vehicles for =
hire.=20
      <P>Furthermore, the words "<EM>traffic</EM>" and "<EM>travel</EM>" =
must=20
      have different meanings which the courts recognize. The difference =
is=20
      recognized in <U>Ex Parte Dickey</U>, supra:=20
      <BLOCKQUOTE>"...in addition to this, cabs, hackney coaches, =
omnibuses,=20
        taxicabs, and hacks, when unnecessarily numerous, interfere with =
the=20
        ordinary traffic and travel and obstruct them."</BLOCKQUOTE>
      <P>The court, by using both terms, signified its recognition of a=20
      distinction between the two. But, what was the distinction? We =
have=20
      already defined both terms, but to clear up any doubt:=20
      <BLOCKQUOTE>"The word `traffic' is manifestly used here in =
secondary=20
        sense, and has reference to the business of transportation =
rather than=20
        to its primary meaning of interchange of commodities." =
</BLOCKQUOTE>
      <P align=3Dright><U>Allen vs. City of Bellingham</U>, 163 P. 18=20
      <P>Here the Supreme Court of the State of Washington has defined =
the word=20
      "<EM>traffic</EM>" (in either its primary or secondary sense) in =
reference=20
      to business, and not to mere travel! So it is clear that the term=20
      "traffic" is business related and therefore, it is a =
"<EM>privilege</EM>."=20
      The net result being that "traffic" is brought under the (police) =
power of=20
      the legislature. The term has no application to one who is not =
using the=20
      roads as a place of business.=20
      <H3>LICENSE</H3>
      <P>It seems only proper to define the word "<EM>license</EM>," as =
the=20
      definition of this word will be extremely important in =
understanding the=20
      statutes as they are properly applied:=20
      <BLOCKQUOTE>"The permission, by competent authority to do an act =
which=20
        without permission, would be illegal, a trespass, or a =
tort."</BLOCKQUOTE>
      <P align=3Dright><U>People vs. Henderson</U>, 218 NW.2d 2, 4=20
      <BLOCKQUOTE>"Leave to do a thing which licensor could=20
      prevent."</BLOCKQUOTE>
      <P align=3Dright><U>Western Electric Co. vs. Pacent Reproducer =
Corp.</U>, 42=20
      F.2d 116, 118=20
      <P>In order for these two definitions to apply in this case, the =
state=20
      would have to take up the position that the exercise of a =
Constitutional=20
      Right to use the public roads in the ordinary course of life and =
business=20
      is illegal, a trespass, or a tort, which the state could then =
regulate or=20
      prevent.=20
      <P>This position, however, would raise magnitudinous =
Constitutional=20
      questions as this position would be diametrically opposed to =
fundamental=20
      Constitutional Law. (See "<U>Conversion of a Right to a =
Crime</U>,"=20
      infra.)=20
      <P>In the instant case, the proper definition of a =
"<EM>license</EM>" is:=20
      <BLOCKQUOTE>"a permit, granted by an appropriate governmental =
body,=20
        generally for consideration, to a person, firm, or corporation, =
to=20
        pursue some occupation or to carry on some business which is =
subject to=20
        regulation under the police power."</BLOCKQUOTE>
      <P align=3Dright><U>Rosenblatt vs. California State Board of =
Pharmacy</U>,=20
      158 P.2d 199, 203=20
      <P>This definition would fall more in line with the "privilege" of =

      carrying on business on the streets.=20
      <P>Most people tend to think that "<EM>licensing</EM>" is imposed =
by the=20
      state for the purpose of raising revenue, yet there may well be =
more=20
      subtle reasons contemplated; for when one seeks permission from =
someone to=20
      do something he invokes the jurisdiction of the licensor which, in =
this=20
      case, is the state. In essence, the licensee may well be seeking =
to be=20
      regulated by the licensor.=20
      <BLOCKQUOTE>"A license fee is a charge made primarily for =
regulation,=20
        with the fee to cover costs and expenses of supervision or=20
      regulation."</BLOCKQUOTE>
      <P align=3Dright><U>State vs. Jackson</U>, 60 Wisc.2d 700; 211 =
NW.2d 480,=20
      487=20
      <P>The fee is the price; the regulation or control of the licensee =
is the=20
      real aim of the legislation.=20
      <P>Are these licenses really used to fund legitimate government, =
or are=20
      they nothing more than a subtle introduction of police power into =
every=20
      facet of our lives? Have our "enforcement agencies" been diverted =
from=20
      crime prevention, perhaps through no fault of their own, instead =
now=20
      busying themselves as they "check" our papers to see that all are =
properly=20
      endorsed by the state?=20
      <P>How much longer will it be before we are forced to get a =
license for=20
      our lawn mowers, or before our wives will need a license for her=20
      <EM>blender</EM> or <EM>mixer</EM>? They all have motors on them =
and the=20
      state can always use the revenue.=20
      <H3>POLICE POWER</H3>
      <P>The confusion of the police power with the power of taxation =
usually=20
      arises in cases where the police power has affixed a penalty to a =
certain=20
      act, or where it requires licenses to be obtained and a certain =
sum be=20
      paid for certain occupations. The power used in the instant case =
cannot,=20
      however, be the power of taxation since an attempt to levy a tax =
upon a=20
      Right would be open to Constitutional objection. (See "<EM>taxing=20
      power</EM>," infra.)=20
      <P>Each law relating to the use of police power must ask three =
questions:=20
      <OL type=3D1>
        <LI><EM>"Is there threatened danger?</EM>=20
        <LI><EM>Does a regulation involve a Constitutional Right?</EM>=20
        <LI>Is this regulation reasonable?" </LI></OL>
      <P align=3Dright><U>People vs. Smith</U>, 108 Am.St.Rep. 715;=20
      <BR><U>Bovier's Law Dictionary, 1914 ed.</U>, under "Police Power" =

      <P>When applying these three questions to the statute in question, =
some=20
      very important issues emerge.=20
      <P>First, "<EM>is there a threatened danger</EM>" in the =
individual using=20
      his automobile on the public highways, in the ordinary course of =
life and=20
      business?=20
      <P>The answer is <B>No!</B> There is nothing inherently dangerous =
in the=20
      use of an automobile when it is carefully managed. Their guidance, =
speed,=20
      and noise are subject to a quick and easy control, under a =
competent and=20
      considerate manager, it is as harmless on the road as a horse and =
buggy.=20
      <P>It is the manner of managing the automobile, and that alone, =
which=20
      threatens the safety of the public. The ability to stop quickly =
and to=20
      respond quickly to guidance would seem to make the automobile one =
of the=20
      least dangerous conveyances. (See <U>Yale Law Journal</U>, =
December,=20
      1905.)=20
      <BLOCKQUOTE>"The automobile is not inherently =
dangerous."</BLOCKQUOTE>
      <P align=3Dright><U>Cohens vs. Meadow</U>, 89 SE 876; <BR><U>Blair =
vs.=20
      Broadmore</U>, 93 SE 532=20
      <P>To deprive all persons of the Right to use the road in the =
ordinary=20
      course of life and business, because one might, in the future, =
become=20
      dangerous, would be a deprivation not only of the Right to travel, =
but=20
      also the Right to due process. (See "<EM>Due Process</EM>," =
infra.)=20
      <P>Next; <EM>does the regulation involve a Constitutional =
Right</EM>?=20
      <P>This question has already been addressed and answered in this =
brief,=20
      and need not be reinforced other than to remind this Court that =
this=20
      Citizen does have the Right to travel upon the public highway by=20
      automobile in the ordinary course of life and business. It can =
therefore=20
      be concluded that this regulation does involve a Constitutional =
Right.=20
      <P>The third question is the most important in this case. "<EM>Is =
this=20
      regulation reasonable</EM>?"=20
      <P>The answer is <B>No!</B> It will be shown later in=20
      "<EM>Regulation</EM>," infra., that this licensing statute is =
oppressive=20
      and could be effectively administered by less oppressive means.=20
      <P>Although the <A=20
      =
href=3D"http://www.lawfulpath.com/ref/const-amendments_11-27.shtml#14">Fo=
urteenth=20
      Amendment</A> does not interfere with the proper exercise of the =
police=20
      power, in accordance with the general principle that the power =
must be=20
      exercised so as not to invade unreasonably the rights guaranteed =
by the=20
      United States Constitution, it is established beyond question that =
every=20
      state power, including the police power, is limited by the =
<U>Fourteenth=20
      Amendment</U> (and others) and by the inhibitions there imposed.=20
      <P>Moreover, the ultimate test of the propriety of police power=20
      regulations must be found in the <U>Fourteenth Amendment</U>, =
since it=20
      operates to limit the field of the police power to the extent of=20
      preventing the enforcement of statutes in denial of Rights that =
the=20
      Amendment protects. (See <U>Parks vs. State</U>, 64 NE 682.)=20
      <BLOCKQUOTE>"With regard particularly to the U.S. Constitution, it =
is=20
        elementary that a Right secured or protected by that document =
cannot be=20
        overthrown or impaired by any state police =
authority."</BLOCKQUOTE>
      <P align=3Dright><U>Connolly vs. Union Sewer Pipe Co.</U>, 184 US =
540;=20
      <BR><U>Lafarier vs. Grand Trunk R.R. Co.</U>, 24 A. 848; =
<BR><U>O'Neil vs.=20
      Providence Amusement Co.</U>, 108 A. 887=20
      <BLOCKQUOTE>"The police power of the state must be exercised in=20
        subordination to the provisions of the U.S. =
Constitution."</BLOCKQUOTE>
      <P align=3Dright><U>Bacahanan vs. Wanley</U>, 245 US 60; =
<BR><U>Panhandle=20
      Eastern Pipeline Co. vs. State Highway Commission</U>, 294 US 613=20
      <BLOCKQUOTE>"It is well settled that the Constitutional Rights =
protected=20
        from invasion by the police power, include Rights safeguarded =
both by=20
        express and implied prohibitions in the =
Constitutions."</BLOCKQUOTE>
      <P align=3Dright><U>Tiche vs. Osborne</U>, 131 A. 60=20
      <BLOCKQUOTE>"As a rule, fundamental limitations of regulations =
under the=20
        police power are found in the spirit of the Constitutions, not =
in the=20
        letter, although they are just as efficient as if expressed in =
the=20
        clearest language."</BLOCKQUOTE>
      <P align=3Dright><U>Mehlos vs. Milwaukee</U>, 146 NW 882=20
      <P>As it applies in the instant case, the language of the <A=20
      =
href=3D"http://www.lawfulpath.com/ref/const-amendments_1-10.shtml#5">Fift=
h=20
      Amendment</A> is clear:=20
      <BLOCKQUOTE>"No person shall be ... deprived of Life, Liberty, or=20
        Property without due process of law."</BLOCKQUOTE>
      <P>As has been shown, the courts at all levels have firmly =
established an=20
      absolute Right to travel.=20
      <P>In the instant case, the state, by applying commercial statutes =
to all=20
      entities, natural and artificial persons alike, has deprived this =
free and=20
      natural person of the Right of Liberty, without cause and without =
due=20
      process of law.=20
      <H3>DUE PROCESS</H3>
      <BLOCKQUOTE>"The essential elements of due process of law are ... =
Notice=20
        and The Opportunity to defend."</BLOCKQUOTE>
      <P align=3Dright><U>Simon vs. Craft</U>, 182 US 427=20
      <P>Yet, not one individual has been given notice of the loss of =
his/her=20
      Right, let alone before signing the license (contract). Nor was =
the=20
      Citizen given any opportunity to defend against the loss of =
his/her right=20
      to travel, by automobile, on the highways, in the ordinary course =
of life=20
      and business. This amounts to an arbitrary deprivation of Liberty. =

      <BLOCKQUOTE>"There should be no arbitrary deprivation of Life or =
Liberty=20
        ..."</BLOCKQUOTE>
      <P align=3Dright><U>Barbour vs. Connolly</U>, 113 US 27, 31; =
<BR><U>Yick Wo=20
      vs. Hopkins</U>, 118 US 356=20
      <P>and ...=20
      <BLOCKQUOTE>"The right to travel is part of the Liberty of which a =

        citizen cannot deprived without due process of law under the =
<U>Fifth=20
        Amendment</U>. This Right was emerging as early as the <A=20
        href=3D"http://www.lawfulpath.com/ref/magna-ca.shtml">Magna=20
      Carta</A>."</BLOCKQUOTE>
      <P align=3Dright><U>Kent vs. Dulles</U>, 357 US 116 (1958)=20
      <P>The focal point of this question of police power and due =
process must=20
      balance upon the point of making the public highways a safe place =
for the=20
      public to travel. If a man travels in a manner that creates actual =
damage,=20
      an action would lie (civilly) for recovery of damages. The state =
could=20
      then also proceed against the individual to deprive him of his =
Right to=20
      use the public highways, for cause. This process would fulfill the =
due=20
      process requirements of the <U>Fifth Amendment</U> while at the =
same time=20
      insuring that Rights guaranteed by the U.S. Constitution and the =
state=20
      constitutions would be protected.=20
      <P>But unless or until harm or damage (a crime) is committed, =
there is no=20
      cause for interference in the private affairs or actions of a =
Citizen.=20
      <P>One of the most famous and perhaps the most quoted definitions =
of due=20
      process of law, is that of <B>Daniel Webster</B> in his =
<U>Dartmouth=20
      College Case</U> (4 Wheat 518), in which he declared that by due =
process=20
      is meant:=20
      <BLOCKQUOTE>"a law which hears before it condemns, which proceeds =
upon=20
        inquiry, and renders judgment only after trial."</BLOCKQUOTE>
      <P align=3Dright>See also <U>State vs. Strasburg</U>, 110 P. 1020; =

      <BR><U>Dennis vs. Moses</U>, 52 P. 333=20
      <P>Somewhat similar is the statement that is a rule as old as the =
law=20
      that:=20
      <BLOCKQUOTE>"no one shall be personally bound (restricted) until =
he has=20
        had his day in court,"</BLOCKQUOTE>
      <P>by which is meant, until he has been duly cited to appear and =
has been=20
      afforded an opportunity to be heard. Judgment without such =
citation and=20
      opportunity lacks all the attributes of a judicial determination; =
it is=20
      judicial usurpation and it is oppressive and can never be upheld =
where it=20
      is fairly administered. (<U>12 Am.Jur. [1st] Const. Law</U>, Sect. =
573,=20
      Pg. 269)=20
      <P><B>Note:</B> This sounds like the process used to deprive one =
of the=20
      "<EM>privilege</EM>" of operating a motor vehicle "for hire." It =
should be=20
      kept in mind, however, that we are discussing the arbitrary =
deprivation of=20
      the Right to use the road that all citizens have "in common."=20
      <P>The futility of the state's position can be most easily =
observed in the=20
      1959 Washington Attorney General's opinion on a similar issue:=20
      <BLOCKQUOTE>"The distinction between the Right of the Citizen to =
use the=20
        public highways for private, rather than commercial purposes is=20
        recognized ..."</BLOCKQUOTE>
      <P>and ...=20
      <BLOCKQUOTE>"Under its power to regulate private uses of our =
highways,=20
        our legislature has required that motor vehicle operators be =
licensed=20
        (I.C. 49-307). Undoubtedly, the primary purpose of this =
requirement is=20
        to insure, as far as possible, that all motor vehicle operators =
will be=20
        competent and qualified, thereby reducing the potential hazard =
or risk=20
        of harm, to which other users of the highways might otherwise be =

        subject. But once having complied with this regulatory =
provision, by=20
        obtaining the required license, a motorist enjoys the privilege =
of=20
        travelling freely upon the highways ..."</BLOCKQUOTE>
      <P align=3Dright><U>Washington A.G.O. 59-60 No. 88</U>, Pg. 11=20
      <P>This alarming opinion appears to be saying that every person =
using an=20
      automobile as a matter of Right, must give up the Right and =
convert the=20
      Right into a privilege. This is accomplished under the guise of=20
      regulation. This statement is indicative of the insensitivity, =
even the=20
      ignorance, of the government to the limits placed upon governments =
by and=20
      through the several constitutions.=20
      <P>This legal theory may have been able to stand in 1959; however, =
as of=20
      1966, in the United States Supreme Court decision in Miranda, even =
this=20
      weak defense of the state's actions must fall.=20
      <BLOCKQUOTE>"Where rights secured by the Constitution are =
involved,=20
        there can be no rule making or legislation which would abrogate=20
      them."</BLOCKQUOTE>
      <P align=3Dright><U>Miranda vs. Arizona</U>, 384 US 436, 491=20
      <P>Thus the legislature does not have the power to abrogate the =
Citizen's=20
      Right to travel upon the public roads, by passing legislation =
forcing the=20
      citizen to waive his Right and convert that Right into a =
privilege.=20
      Furthermore, we have previously established that this =
"<EM>privilege</EM>"=20
      has been defined as applying only to those who are "<EM>conducting =

      business in the streets</EM>" or "<EM>operating for-hire =
vehicles</EM>."=20
      <P>The legislature has attempted (by legislative fiat) to deprive =
the=20
      Citizen of his Right to use the roads in the ordinary course of =
life and=20
      business, without affording the Citizen the safeguard of <EM>due =
process=20
      of law.</EM> This has been accomplished under supposed powers of=20
      regulation.=20
      <H3>REGULATION</H3>
      <BLOCKQUOTE>"In addition to the requirement that regulations =
governing=20
        the use of the highways must not be violative of constitutional=20
        guarantees, the prime essentials of such regulation are =
reasonableness,=20
        impartiality, and definiteness or certainty."</BLOCKQUOTE>
      <P align=3Dright <u>25 Am.Jur. (1st) Highways</U>, Sect. 260=20
      <P>and ...=20
      <BLOCKQUOTE>"Moreover, a distinction must be observed between the=20
        regulation of an activity which may be engaged in as a matter of =
right=20
        and one carried on by government sufferance of =
permission."</BLOCKQUOTE>
      <P align=3Dright><U>Davis vs. Massachusetts</U>, 167 US 43; =
<BR><U>Pachard=20
      vs. Banton</U>, supra.=20
      <P>One can say for certain that these regulations are impartial =
since they=20
      are being applied to all, even though they are clearly beyond the =
limits=20
      of the legislative powers. However, we must consider whether such=20
      regulations are reasonable and non-violative of constitutional =
guarantees.=20

      <P>First, let us consider the reasonableness of this statute =
requiring all=20
      persons to be licensed (presuming that we are applying this =
statute to all=20
      persons using the public roads). In determining the reasonableness =
of the=20
      statute we need only ask two questions:=20
      <OL type=3D1>
        <LI>Does the statute accomplish its stated goal?=20
        <P>The answer is <B>No!</B>=20
        <P>The attempted explanation for this regulation "<EM>to insure =
the=20
        safety of the public by insuring, as much as possible, that all =
are=20
        competent and qualified</EM>."=20
        <P>However, one can keep his license without retesting, from the =
time=20
        he/she is first licensed until the day he/she dies, without =
regard to=20
        the competency of the person, by merely renewing said license =
before it=20
        expires. It is therefore possible to completely skirt the goal =
of this=20
        attempted regulation, thus proving that this regulation does not =

        accomplish its goal.=20
        <P>Furthermore, by testing and licensing, the state gives the =
appearance=20
        of underwriting the competence of the licensees, and could =
therefore be=20
        held liable for failures, accidents, etc. caused by licensees. =
</P>
        <LI>Is the statute reasonable?=20
        <P>The answer is <B>No!</B>=20
        <P>This statute cannot be determined to be reasonable since it =
requires=20
        to the Citizen to give up his or her natural Right to travel=20
        unrestricted in order to accept the privilege. The purported =
goal of=20
        this statute could be met by much less oppressive regulations, =
i.e.,=20
        competency tests and certificates of competency before using an=20
        automobile upon the public roads. (This is exactly the situation =
in the=20
        aviation sector.) </P></LI></OL>
      <P>But isn't this what we have now?=20
      <P>The answer is <B>No!</B> The real purpose of this license is =
much more=20
      insidious. When one signs the license, he/she gives up his/her=20
      Constitutional Right to travel in order to accept and exercise a=20
      privilege. After signing the license, a quasi-contract, the =
Citizen has to=20
      give the state his/her consent to be prosecuted for constructive =
crimes=20
      and quasi-criminal actions where there is no harm done and no =
damaged=20
      property.=20
      <P>These prosecutions take place without affording the Citizen of =
their=20
      Constitutional Rights and guarantees such a the Right to a trial =
by jury=20
      of twelve persons and the Right to counsel, as well as the normal=20
      safeguards such as proof of intent and a corpus dilecti and a =
grand jury=20
      indictment. These unconstitutional prosecutions take place because =
the=20
      Citizen is exercising a privilege and has given his/her =
"<EM>implied=20
      consent</EM>" to legislative enactments designed to control =
interstate=20
      commerce, a regulatable enterprise under the police power of the =
state.=20
      <P>We must now conclude that the Citizen is forced to give up=20
      Constitutional guarantees of "Right" in order to exercise his =
state=20
      "privilege" to travel upon the public highways in the ordinary =
course of=20
      life and business.=20
      <H3>SURRENDER OF RIGHTS</H3>
      <P>A Citizen cannot be forced to give up his/her Rights in the =
name of=20
      regulation.=20
      <BLOCKQUOTE>"... the only limitations found restricting the right =
of the=20
        state to condition the use of the public highways as a means of=20
        vehicular transportation for compensation are (1) that the state =
must=20
        not exact of those it permits to use the highways for hauling =
for gain=20
        that they surrender any of their inherent U.S. Constitutional =
Rights as=20
        a condition precedent to obtaining permission for such use=20
      ..."</BLOCKQUOTE>
      <P align=3Dright><U>Riley vs. Laeson</U>, 142 So. 619; =
<BR><U>Stephenson vs.=20
      Binford</U>, supra.=20
      <P>If one cannot be placed in a position of being forced to =
surrender=20
      Rights in order to exercise a privilege, how much more must this =
maxim of=20
      law, then, apply when one is simply exercising (putting into use) =
a Right?=20
      <BLOCKQUOTE?&QUOT;TO blockquote land.&quot;< the of law be not =
would law,=20
      common usage and course to according trial, regular a without =
property, or=20
      person rights Citizen deprive which statute that>
      <P align=3Dright><U>Hoke vs. Henderson</U>, 15 NC 15=20
      <P>and ...=20
      <BLOCKQUOTE>"We find it intolerable that one Constitutional Right =
should=20
        have to be surrendered in order to assert another."</BLOCKQUOTE>
      <P align=3Dright><U>Simons vs. United States</U>, 390 US 389=20
      <P>Since the state requires that one give up Rights in order to =
exercise=20
      the privilege of driving, the regulation cannot stand under the =
police=20
      power, due process, or regulation, but must be exposed as a =
statute which=20
      is oppressive and one which has been misapplied to deprive the =
Citizen of=20
      Rights guaranteed by the United States Constitution and the state=20
      constitutions.=20
      <H3>TAXING POWER</H3>
      <BLOCKQUOTE>"Any claim that this statute is a taxing statute would =
be=20
        immediately open to severe Constitutional objections. If it =
could be=20
        said that the state had the power to tax a Right, this would =
enable the=20
        state to destroy Rights guaranteed by the constitution through =
the use=20
        of oppressive taxation. The question herein, is one of the state =
taxing=20
        the Right to travel by the ordinary modes of the day, and =
whether this=20
        is a legislative object of the state taxation.=20
        <P>The views advanced herein are neither novel nor unsupported =
by=20
        authority. The question of taxing power of the states has been=20
        repeatedly considered by the Supreme Court. The Right of the =
state to=20
        impede or embarrass the Constitutional operation of the U.S. =
Government=20
        or the Rights which the Citizen holds under it, has been =
uniformly=20
        denied."</P></BLOCKQUOTE>
      <P align=3Dright><U>McCulloch vs. Maryland</U>, 4 Wheat 316=20
      <P>The power to tax is the power to destroy, and if the state is =
given the=20
      power to destroy Rights through taxation, the framers of the =
Constitution=20
      wrote that document in vain.=20
      <BLOCKQUOTE>"... It may be said that a tax of one dollar for =
passing=20
        through the state cannot sensibly affect any function of =
government or=20
        deprive a Citizen of any valuable Right. But if a state can tax =
... a=20
        passenger of one dollar, it can tax him a thousand =
dollars."</BLOCKQUOTE>
      <P align=3Dright><U>Crandall vs. Nevada</U>, 6 Wall 35, 46=20
      <P>and ...=20
      <BLOCKQUOTE>"If the Right of passing through a state by a Citizen =
of the=20
        United States is one guaranteed by the Constitution, it must be =
sacred=20
        from state taxation."</BLOCKQUOTE>
      <P align=3Dright><U>Ibid.</U>, Pg. 47=20
      <P>Therefore, the Right of travel must be kept sacred from all =
forms of=20
      state taxation and if this argument is used by the state as a =
defense of=20
      the enforcement of this statute, then this argument also must =
fail.=20
      <H3>CONVERSION OF A RIGHT TO A CRIME</H3>
      <P>As previously demonstrated, the Citizen has the Right to travel =
and to=20
      transport his property upon the public highways in the ordinary =
course of=20
      life and business. However, if one exercises this Right to travel =
(without=20
      first giving up the Right and converting that Right into a =
privilege) the=20
      Citizen is by statute, guilty of a crime. This amounts to =
converting the=20
      exercise of a Constitutional Right into a crime.=20
      <P>Recall the <U>Miller vs. U.S.</U> and <U>Snerer vs. Cullen</U> =
quotes=20
      from Pg. 5, and:=20
      <BLOCKQUOTE>"The state cannot diminish Rights of the =
people."</BLOCKQUOTE>
      <P align=3Dright><U>Hurtado vs. California</U>, 110 US 516=20
      <P>and ...=20
      <BLOCKQUOTE>"Where rights secured by the Constitution are =
involved,=20
        there can be no rule making or legislation which would abrogate=20
      them."</BLOCKQUOTE>
      <P align=3Dright><U>Miranda</U>, supra.=20
      <P>Indeed, the very purpose for creating the state under the =
limitations=20
      of the constitution was to protect the rights of the people from=20
      intrusion, particularly by the forces of government.=20
      <P>So we can see that any attempt by the legislature to make the =
act of=20
      using the public highways as a matter of Right into a crime, is =
void upon=20
      its face.=20
      <P>Any person who claims his Right to travel upon the highways, =
and so=20
      exercises that Right, cannot be tried for a crime of doing so. And =
yet,=20
      this Freeman stands before this court today to answer charges for =
the=20
      "<EM>crime</EM>" of exercising his Right to Liberty. As we have =
already=20
      shown, the term "<EM>drive</EM>" can only apply to those who are =
employed=20
      in the business of transportation for hire. It has been shown that =
freedom=20
      includes the Citizen's Right to use the public highways in the =
ordinary=20
      course of life and business without license or regulation by the =
police=20
      powers of the state.=20
      <H2 align=3Dcenter>CONCLUSION</H2>
      <P>It is the duty of the court to recognize the substance of =
things and=20
      not the mere form.=20
      <BLOCKQUOTE>"The courts are not bound by mere form, nor are they =
to be=20
        misled by mere pretenses. They are at liberty -- indeed they are =
under a=20
        solemn duty -- to look at the substance of things, whenever they =
enter=20
        upon the inquiry whether the legislature has transcended the =
limits of=20
        its authority. If, therefore, a statute purported to have been =
enacted=20
        to protect ... the public safety, has no real or substantial =
relation to=20
        those objects or is a palpable invasion of Rights secured by the =

        fundamental law, it is the duty of the courts to so adjudge, and =
thereby=20
        give effect to the Constitution."</BLOCKQUOTE>
      <P align=3Dright><U>Mulger vs. Kansas</U>, 123 US 623, 661=20
      <P>and ...=20
      <BLOCKQUOTE>"It is the duty of the courts to be watchful for the=20
        Constitutional rights of the citizen and against any stealthy=20
        encroachments thereon."</BLOCKQUOTE>
      <P align=3Dright><U>Boyd vs. United States</U>, 116 US 616=20
      <P>The courts are <EM>duty bound</EM> to recognize and stop the=20
      <EM>stealthy encroachments</EM> which have been made upon the =
Citizen's=20
      Right to travel and to use the roads to transport his property in =
the=20
      "<EM>ordinary course of life and business</EM>." (<U>Hadfield</U>, =
supra.)=20

      <P>Further, the court must recognize that the Right to travel is =
part of=20
      the Liberty of which a Citizen cannot be deprived without specific =
cause=20
      and without the <EM>due process of law</EM> guaranteed in the <A=20
      =
href=3D"http://www.lawfulpath.com/ref/const-amendments_1-10.shtml#5">Fift=
h=20
      Amendment</A>. (<U>Kent</U>, supra.)=20
      <P>The history of this <EM>invasion</EM> of the Citizen's Right to =
use the=20
      public highways shows clearly that the legislature simply found a=20
      heretofore untapped source of revenue, got greedy, and attempted =
to=20
      enforce a statute in an unconstitutional manner upon those free =
and=20
      natural individuals who have a Right to travel upon the highways. =
This was=20
      not attempted in an outright action, but in a slow, meticulous, =
calculated=20
      encroachment upon the Citizen's Right to travel.=20
      <P>This position must be accepted unless the prosecutor can show =
his=20
      authority for the position that the "<EM>use of the road in the =
ordinary=20
      course of life and business</EM>" is a privilege.=20
      <P>To rule in any other manner, without clear authority for an =
adverse=20
      ruling, will infringe upon fundamental and basic concepts of=20
      Constitutional law. This position, that a Right cannot be =
regulated under=20
      any guise, must be accepted without concern for the monetary loss =
of the=20
      state.=20
      <BLOCKQUOTE>"Disobedience or evasion of a Constitutional Mandate =
cannot=20
        be tolerated, even though such disobedience may, at least =
temporarily,=20
        promote in some respects the best interests of the =
public."</BLOCKQUOTE>
      <P align=3Dright><U>Slote vs. Examination</U>, 112 ALR 660=20
      <P>and ...=20
      <BLOCKQUOTE>"Economic necessity cannot justify a disregard of=20
        Constitutional guarantee."</BLOCKQUOTE>
      <P align=3Dright><U>Riley vs. Carter</U>, 79 ALR 1018; <BR><U>16 =
Am.Jur.=20
      (2nd), Const. Law</U>, Sect. 81=20
      <P>and ...=20
      <BLOCKQUOTE>"Constitutional Rights cannot be denied simply because =
of=20
        hostility to their assertions and exercise; vindication of =
conceded=20
        Constitutional Rights cannot be made dependent upon any theory =
that it=20
        is less expensive to deny them than to afford =
them."</BLOCKQUOTE>
      <P align=3Dright><U>Watson vs. Memphis</U>, 375 US 526=20
      <P>Therefore, the Court's decision in the instant case must be =
made=20
      without the issue of cost to the state being taken into =
consideration, as=20
      that issue is irrelevant. The state cannot lose money that it =
never had a=20
      right to demand from the <EM>Sovereign People.</EM>=20
      <P>Finally, we come to the issue of <EM>public policy</EM>. It =
could be=20
      argued that the <EM>licensing scheme</EM> of all persons is a =
matter of=20
      public policy. However, if this argument is used, it too must =
fail, as:=20
      <BLOCKQUOTE>"No public policy of a state can be allowed to =
override the=20
        positive guarantees of the U.S. Constitution."</BLOCKQUOTE>
      <P align=3Dright><U>16 Am.Jur. (2nd)</U>, Const. Law, Sect. 70=20
      <P>So even public policy cannot abrogate this Citizen's Right to =
travel=20
      and to use the public highways in the ordinary course of life and=20
      business. Therefore, it must be concluded that:=20
      <BLOCKQUOTE>"We have repeatedly held that the legislature may =
regulate=20
        the use of the highways for carrying on business for private =
gain and=20
        that such regulation is a valid exercise of the police=20
power."</BLOCKQUOTE>
      <P align=3Dright><U>Northern Pacific R.R. Co.</U>, supra.=20
      <P>and ...=20
      <BLOCKQUOTE>"The act in question is a valid regulation, and as =
such is=20
        binding upon all who use the highway for the purpose of private=20
      gain."</BLOCKQUOTE>
      <P align=3Dright><U>Ibid</U>.=20
      <P>Any other construction of this statute would render it =
unconstitutional=20
      as applied to this Citizen or any Citizen. The Accused therefore =
moves=20
      this court to dismiss the charge against him, with prejudice.=20
      <P>June 10, 1986. <BR>This ends the legal brief. <BR><BR><BR>
      <P>In addition:=20
      <P>Since no notice is given to people applying for driver's (or =
other)=20
      licenses that they have a perfect right to use the roads without =
any=20
      permission, and that they surrender valuable rights by taking on =
the=20
      regulation system of licensure, the state has committed a massive=20
      construction fraud. This occurs when any person is told that they =
must=20
      have a license in order to use the public roads and highways.=20
      <P>The license, being a legal contract under which the state is =
empowered=20
      with policing powers, is only valid when the licensee takes on the =
burdens=20
      of the contract and bargains away his or her rights knowingly,=20
      intentionally, and voluntarily.=20
      <P>Few know that the driver's license is a contract without which =
the=20
      police are powerless to regulate the people's actions or =
activities.=20
      <P>Few (if any) licensees intentionally surrender valuable rights. =
They=20
      are told that they must have the license. As we have seen, this is =
not the=20
      case.=20
      <P>No one in their right mind voluntarily surrenders complete =
liberty and=20
      accepts in its place a set of regulations.=20
      <BLOCKQUOTE>"The people never give up their liberties but under =
some=20
        delusion."</BLOCKQUOTE>
      <P align=3Dright><U>Edmund Burke</U>, (1784)=20
      <HR>

      <P>This article was submitted to us by a reader. If anyone knows =
the name=20
      of the author, we will gladly give credit.=20
<BR><BR></P></TD></TR></TBODY></TABLE>
<HR>

<P align=3Dcenter><EM>(Isaiah 33:22) For the Lord is our judge, the Lord =
is our=20
lawgiver, the Lord is our king; he will save us. </EM>
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