Time: Wed Oct 30 20:25:03 1996 To: From: Paul Andrew Mitchell [address in tool bar] Subject: Traveling is a right [2/7] Cc: Bcc: liberty lists <snip> >--------- Begin forwarded message ---------- >From: autarchic >To: libertylaw@www.ultimate.org >Subject: Traveling is a right [2/7] >Date: Wed, 30 Oct 1996 10:19:52 EST >Message-ID: <19961030.141739.4327.15.autarchic@juno.com> > > >>> Part 2 of 7... > > or withhold at its discretion. . . . (Emphasis added). > See: > Hadfield, supra; > State v. Johnson, 243 P. 1073; > Cummins v. Jones, 155 P. 171; > Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and other > cases too numerous to mention. > >8. The Washington State Supreme Court stated: > > 8.1 I am not particularly interested about the rights > of haulers by contract, or otherwise, but I am deeply > interested in the "RIGHTS" of the public to use the public > highways freely for all lawful purposes. (Emphasis added). > See: > Robertson v. Department of Public Works, 180 Wash. 133 at > 139. > >9. The Supreme Court of the State of Indiana ruled in 1873: > > 9.1 It is not the amount of travel, the extent of the > use of a highway by the public that distinguishes it from a > private way or road. It is the "RIGHT" to so use or travel > upon it, not its exercise. (Emphasis added). > See: > Ind 455, 461. > >10. 11 American Jurisprudence 1st, has this to say: > > 10.1 The "RIGHT" of the Citizen to travel upon the > public highways and to transport his property thereon, by > horse-drawn carriage, wagon, or automobile, is NOT a mere > PRIVILEGE which may be permitted or prohibited at will, but > a "COMMON RIGHT" which he has under his right to life, > liberty, and the pursuit of happiness. Under this > constitutional guarantee one may, therefore, under normal > conditions, travel at his inclination along the public > highways or in public places, and while conducting himself > in an orderly and decent manner, neither interfering with, > not disturbing another's "RIGHTS," he will be protected, not > only in his person, but in his safe conduct. (Emphasis > added). > See: > 11 American Jurisprudence 1st., Constitutional Law, 329, > page 1123. > >11. The Supreme Court of the State of Georgia ruled: > > 11.1 In this connection it is well to keep in mind > that, while the public has an absolute "RIGHT" to the use of > the streets for their primary purpose, which is for travel, > the use of the streets from the purpose of parking > automobiles is a privilege, and not a "RIGHT"; and the > privilege must be accepted with such reasonable burdens as > the city may place as conditions to the exercise of the > privilege. (Emphasis added). > See: > Gardner v. City of Brunswick, 28 S.E. 2d 135. > >12. The Supreme Court of the State of Colorado discussed > >the issue in the following way in 1961. > > 12.1 The Constitution of the State of Colorado, Article > II, 3 provides that: All persons have certain natural, > essential and unalienable "RIGHTS," among which may be > reckoned the "RIGHT" . . . of acquiring, possessing and > protecting property; . . . . > > 12.1.1 A motor vehicle is property and a person cannot be > deprived of property without due process of law. The term > property, within the meaning of the due process clause, > includes the "RIGHT" to make full use of the property which > one has the unalienable "RIGHT" to acquire. > > 12.1.2 Every Citizen has an unalienable "RIGHT" to make > use of the public highways of the state; every Citizen has > full freedom to travel from place to place in the enjoyment > of life and liberty. (Emphasis added). > See: > People v. Nothaus, 147 Colo. 210. > >13. The Constitution of the State of Idaho contains the words: > > 13.1 All men are by nature free and equal, and have > certain unalienable "RIGHTS," among which are . . . ; > acquiring, possessing, and protecting property. . . . > (Emphasis added). > >14. The words of the Idaho Constitution are to all intents and >purposes identical with those of the North Carolina Constitution. The >Constitution of the State of North Carolina, Article I, 1, states as >follows: > > 14.1 The equality and rights of persons. We hold it to > be self-evident that all persons are created equal; that > they are endowed by the Creator with certain inalienable > rights; that among these are life, liberty, the enjoyment of > the fruits of their own labor, and the pursuit of happiness. > > 14.2 To be that statutes which would deprive a citizen > of the rights of person or property without a regular trial, > according to the course and usage of common law, would not > be the law of the land. > See: > Hoke v. Henderson, 15 N.C. 15, 25 AM. Dec. 677. > >15. Since courts tend to be consistent in their rulings, it >would be expected the Idaho Supreme Court would rule in the same >manner as the North Carolina Supreme Court. >16. Other authorities have arrived at similar conclusions: > > 16.1 The Constitution for the United States of America, >Amendment 9: > > 16.1.1 The enumeration in the Constitution of certain > rights shall not be construed to deny or disparage others > retained by the people. > >17. The Constitution of the State of North Carolina, Article I, > 36: > > 17.1 Other rights of the people. The enumeration of > rights in this Article shall not be construed to impair or > deny others retained by the people. > >18. I demand all of my other rights, including the right to >travel upon the public highways and byways in the United States of >America. >19. The Constitution of the State of North Carolina, Article I, > 2: > > 19.1 Sovereignty of the people. All political power is > vested in and derived from the people; all government of > right originates from the people, is founded upon their will > only, and is instituted solely for the good of the whole. > >20. As member of the Sovereignty of the people, I not only am >entitled to use the highways and byways in the United States of >America, I have an inalienable right to use the highways and byways. > > 20.1 Highways are public roads which every Citizen has > a "RIGHT" to use. (Emphasis added). > See: > 3 Angel Highways 3. > > 20.2 A highway is a passage, road, or street, which > every Citizen has a "RIGHT" to use. (Emphasis added). > See: > Bouvier's Law Dictionary. > >21. I have emphasized the word "RIGHT" because it is a common >point among the authorities listed. The Idaho Code even joins in this >common point: > > 21.1 49-301 (13) Street or highway.--The entire width > between property lines of every way or place of whatever > nature when any part thereof is open to the use of the > public, as a matter of "RIGHT," for purposes of vehicular > traffic. (emphasis added.) > See: > Idaho Code. > >22. The United States Supreme Court has ruled that: > > 22.1 Undoubtedly the "RIGHT" of locomotion, the "RIGHT" > to remove from one place to another according to > inclination, is an attribute of personal liberty, and the > "RIGHT," ordinarily, of free transit from or through the > territory of any State is a "RIGHT" secured by the > Fourteenth Amendment and by other provisions of the > Constitution. (Emphasis added). > See: > Williams v. Fears, 343 U.S. 270, 274. > >23. Thus, there can be little doubt that, when this Sovereign >travels upon the streets or highways in North Carolina, he does so as >a matter of "RIGHT" and not privilege. The authority for such travel >is described variously as a "RIGHT," a "COMMON RIGHT," an "ABSOLUTE >RIGHT," an "UNALIENABLE RIGHT," and a "RIGHT" protected by the >Constitution of the United States. Let us then examine the importance >of these terms to this Sovereign by defining their meaning. > > 23.1 "RIGHT" -- In law, (a) an enforceable claim or > title to any subject matter whatever; (b) one's claim to > something out of possession; (c) a power, prerogative, or > privilege, as when the word is applied to a corporation. > See: > Webster Unabridged Dictionary. > > 23.2 "RIGHT" -- As relates to the person, "RIGHTS" are > absolute or relative; absolute "RIGHTS," such as every > individual born or living in this country (and not an alien > enemy) is constantly clothed with, and relate to his own > personal security of life, limbs, body, health, and > reputation; or to his personal liberty; "RIGHTS" which > > >>> Continued to next message... >--------- End forwarded message ---------- > >
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