New Scotus Has Consistently Ruled That Nosotros Don't Postulate A Drivers Licence To Hold Upward The Roads In Addition To Highways. (Supreme Courtroom Of The United States)
Thompson v.Smith, 154 SE 579, eleven American Jurisprudence, Constitutional Law, department 329, page 1135 “The correct of the Citizen to locomote upon the world highways as well as to carry his belongings thereon, inwards the ordinary course of teaching of life as well as business, is a mutual correct which he has nether the correct to relish life as well as liberty, to learn as well as possess property, as well as to pursue happiness as well as safety. It includes the right, inwards then doing, to usage the ordinary as well as commons conveyances of the day, as well as nether the existing modes of travel, includes the correct to motion a Equus caballus drawn railroad vehicle or wagon thereon or to run an automobile thereon, for the commons as well as ordinary role of life as well as business.” –
Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784 “… the correct of the citizen to motion on a world street amongst liberty from constabulary interference… is a telephone substitution constitutional right” -White, 97 Cal.App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979) “citizens induce got a correct to motion upon the world streets of the District of Columbia or whatever other metropolis absent a constitutionally audio argue for limiting their access.”
Caneisha Mills v. D.C. 2009 “The usage of the automobile every bit a necessary adjunct to the earning of a livelihood inwards modern life requires us inwards the involvement of realism to conclude that the RIGHT to usage an automobile on the world highways partakes of the nature of a liberty inside the pregnant of the Constitutional guarantees. . .”
Berberian v. Lussier (1958) 139 A2d 869, 872, See also: Schecter v. Killingsworth, 380 P.2d 136, 140; 93 Ariz. 273 (1963). “The correct to run a motor vehicle [an automobile] upon the world streets as well as highways is non a mere privilege. It is a correct of liberty, the enjoyment of which is protected yesteryear the guarantees of the federal as well as Blue Planet constitutions.”
Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966). “A traveler has an equal correct to employ an automobile every bit a agency of shipping as well as to occupy the world highways amongst other vehicles inwards mutual use.”
Campbell v. Walker, 78 Atl. 601, 603, ii Boyce (Del.) 41. “The possessor of an automobile has the same correct every bit the possessor of other vehicles to usage the highway,* * * Influenza A virus subtype H5N1 traveler on pes has the same correct to the usage of the world highways every bit an automobile or whatever other vehicle.”
Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236. “The RIGHT of the citizen to DRIVE on the world street amongst liberty from constabulary interference, unless he is engaged inwards suspicious acquit associated inwards unopen to mode amongst criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must hold upward protected yesteryear the courts.” People v. Horton fourteen Cal. App. tertiary 667 (1971) “The correct to brand usage of an automobile every bit a vehicle of locomote long the highways of the state, is no longer an opened upward question. The owners thereof induce got the same rights inwards the roads as well as streets every bit the drivers of horses or those riding a wheel or traveling inwards unopen to other vehicle.”
House v. Cramer, 112 N.W. 3; 134 Iowa 374; Farnsworth v. Tampa Electric Co. 57 So. 233, 237, 62 Fla. 166. “The automobile may hold upward used amongst security to others users of the highway, as well as inwards its proper usage upon the highways in that place is an equal correct amongst the users of other vehicles properly upon the highways. The law recognizes such correct of usage upon full general principles.
Brinkman v Pacholike, 84 N.E. 762, 764, 41 Ind. App. 662, 666. “The law does non denounce motor carriages, every bit such, on world ways. They induce got an equal correct amongst other vehicles inwards mutual usage to occupy the streets as well as roads. It is improper to say that the driver of the Equus caballus has rights inwards the roads superior to the driver of the automobile. Both induce got the correct to usage the easement.”
Indiana Springs Co. v. Brown, 165 Ind. 465, 468. U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy as well as Share Freely YHVH.name ii 2 “A highway is a world way opened upward as well as complimentary to whatever ane who has occasion to top along it on pes or amongst whatever form of vehicle.” Schlesinger v. City of Atlanta, 129 S.E. 861, 867, 161 Ga. 148, 159;
The Netherlands v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831, 838, 136 Conn. 670 “There tin hold upward no enquiry of the correct of automobile owners to occupy as well as usage the world streets of cities, or highways inwards the rural districts.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456 “The discussion ‘automobile’ connotes a pleasance vehicle designed for the shipping of persons on highways.”
-American Mutual Liability Ins. Co., vs. Chaput, lx A.2d 118, 120; 95 NH 200 Motor Vehicle: eighteen USC Part 1 Chapter ii department 31 definitions: “(6) Motor vehicle. – The term “motor vehicle” agency every description of railroad vehicle or other contrivance propelled or drawn yesteryear mechanical might as well as used for commercial purposes on the highways…” 10) The term “used for commercial purposes” agency the railroad vehicle of persons or belongings for whatever fare, fee, rate, accuse or other consideration, or direct or indirectly inwards connector amongst whatever business, or other labor intended for profit. “A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the shipping of persons for which remuneration is received.”
-International Motor Transit Co. vs. Seattle, 251 P. 120 The term ‘motor vehicle’ is dissimilar as well as broader than the discussion ‘automobile.’”
-City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232 “Thus self-driven vehicles are classified according to the usage to which they are position rather than according to the agency yesteryear which they are propelled” – Ex Parte Hoffert, 148 NW twenty ”
The Supreme Court, inwards Arthur v. Morgan, 112 U.S. 495, v S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified every bit solid effects, as well as nosotros come across no argue that automobiles should non hold upward similarly disposed of.”
Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907). “…a citizen has the correct to locomote upon the world highways as well as to carry his belongings thereon…” State vs. Johnson, 243 P. 1073; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; Hadfield vs. Lundin, 98 Wash 516, Willis vs. Buck, 263 P. l 982;
Barney vs. Board of Railroad Commissioners, 17 P.2d 82 “The usage of the highways for the role of locomote as well as shipping is non a mere privilege, but a mutual as well as telephone substitution Right of which the world as well as the private cannot hold upward rightfully deprived.”
Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163 “the correct of the Citizen to locomote upon the highway as well as to carry his belongings thereon inwards the ordinary course of teaching of life as well as business… is the commons as well as ordinary correct of the Citizen, a correct mutual to all.” –
Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781 “Every Citizen has an unalienable RIGHT to brand usage of the world highways of the state; every Citizen has total liberty to locomote from house to house inwards the enjoyment of life as well as liberty.” People v. Nothaus, 147 Colo. 210. “No State authorities entity has the might to permit or deny passage on the highways, byways, nor waterways… transporting his vehicles as well as personal belongings for either recreation or business, but yesteryear existence discipline only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Travel is non a privilege requiring licensing, vehicle registration, or forced insurances.”
Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22. “Traffic infractions are non a crime.” People v. Battle “Persons faced amongst an unconstitutional licensing law which purports to take a license every bit a prerequisite to do of right… may ignore the law as well as engage amongst impunity inwards do of such right.”
Shuttlesworth v. Birmingham 394 U.S. 147 (1969). U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy as well as Share Freely YHVH.name three “The discussion ‘operator’ shall non include whatever mortal who alone transports his ain belongings as well as who transports no persons or belongings for hire or compensation.”
Statutes at Large California Chapter 412 p.83 “Highways are for the usage of the traveling public, as well as all induce got the correct to usage them inwards a reasonable as well as proper manner; the usage thereof is an inalienable correct of every citizen.” Escobedo v. State 35 C2d 870 inwards eight Cal Jur 3d p.27 “RIGHT — Influenza A virus subtype H5N1 legal RIGHT, a constitutional RIGHT agency a RIGHT protected yesteryear the law, yesteryear the constitution, but authorities does non create the sentiment of RIGHT or master RIGHTS; it acknowledges them. . . “ Bouvier’s Law Dictionary, 1914, p. 2961. “Those who induce got the correct to do something cannot hold upward licensed for what they already induce got correct to do every bit such license would hold upward meaningless.”
City of Chicago v Collins 51 NE 907, 910. “A license agency learn out to do a thing which the licensor could prevent.” Blatz Brewing Co. v. Collins, 160 P.2d 37, 39; 69 Cal. A. 2d 639. “The object of a license is to confer a correct or power, which does non be without it.”
Payne v. Massey (19__) 196 SW 2d 493, 145 Tex 273. “The courtroom makes it clear that a license relates to qualifications to engage inwards profession, business, merchandise or calling; thus, when simply traveling without compensation or profit, exterior of trouble concern corporation or opportunity amongst the corporate state, no license is required of the natural private traveling for personal business, pleasance as well as transportation.”
Wingfield v. Fielder 2d Ca. 3d 213 (1972). “If [state] officials construe a vague statute unconstitutionally, the citizen may induce got them at their word, as well as human activity on the supposition that the statute is void.”
Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784 “… the correct of the citizen to motion on a world street amongst liberty from constabulary interference… is a telephone substitution constitutional right” -White, 97 Cal.App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979) “citizens induce got a correct to motion upon the world streets of the District of Columbia or whatever other metropolis absent a constitutionally audio argue for limiting their access.”
Caneisha Mills v. D.C. 2009 “The usage of the automobile every bit a necessary adjunct to the earning of a livelihood inwards modern life requires us inwards the involvement of realism to conclude that the RIGHT to usage an automobile on the world highways partakes of the nature of a liberty inside the pregnant of the Constitutional guarantees. . .”
Berberian v. Lussier (1958) 139 A2d 869, 872, See also: Schecter v. Killingsworth, 380 P.2d 136, 140; 93 Ariz. 273 (1963). “The correct to run a motor vehicle [an automobile] upon the world streets as well as highways is non a mere privilege. It is a correct of liberty, the enjoyment of which is protected yesteryear the guarantees of the federal as well as Blue Planet constitutions.”
Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966). “A traveler has an equal correct to employ an automobile every bit a agency of shipping as well as to occupy the world highways amongst other vehicles inwards mutual use.”
Campbell v. Walker, 78 Atl. 601, 603, ii Boyce (Del.) 41. “The possessor of an automobile has the same correct every bit the possessor of other vehicles to usage the highway,* * * Influenza A virus subtype H5N1 traveler on pes has the same correct to the usage of the world highways every bit an automobile or whatever other vehicle.”
Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236. “The RIGHT of the citizen to DRIVE on the world street amongst liberty from constabulary interference, unless he is engaged inwards suspicious acquit associated inwards unopen to mode amongst criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must hold upward protected yesteryear the courts.” People v. Horton fourteen Cal. App. tertiary 667 (1971) “The correct to brand usage of an automobile every bit a vehicle of locomote long the highways of the state, is no longer an opened upward question. The owners thereof induce got the same rights inwards the roads as well as streets every bit the drivers of horses or those riding a wheel or traveling inwards unopen to other vehicle.”
House v. Cramer, 112 N.W. 3; 134 Iowa 374; Farnsworth v. Tampa Electric Co. 57 So. 233, 237, 62 Fla. 166. “The automobile may hold upward used amongst security to others users of the highway, as well as inwards its proper usage upon the highways in that place is an equal correct amongst the users of other vehicles properly upon the highways. The law recognizes such correct of usage upon full general principles.
Brinkman v Pacholike, 84 N.E. 762, 764, 41 Ind. App. 662, 666. “The law does non denounce motor carriages, every bit such, on world ways. They induce got an equal correct amongst other vehicles inwards mutual usage to occupy the streets as well as roads. It is improper to say that the driver of the Equus caballus has rights inwards the roads superior to the driver of the automobile. Both induce got the correct to usage the easement.”
Indiana Springs Co. v. Brown, 165 Ind. 465, 468. U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy as well as Share Freely YHVH.name ii 2 “A highway is a world way opened upward as well as complimentary to whatever ane who has occasion to top along it on pes or amongst whatever form of vehicle.” Schlesinger v. City of Atlanta, 129 S.E. 861, 867, 161 Ga. 148, 159;
The Netherlands v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831, 838, 136 Conn. 670 “There tin hold upward no enquiry of the correct of automobile owners to occupy as well as usage the world streets of cities, or highways inwards the rural districts.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456 “The discussion ‘automobile’ connotes a pleasance vehicle designed for the shipping of persons on highways.”
-American Mutual Liability Ins. Co., vs. Chaput, lx A.2d 118, 120; 95 NH 200 Motor Vehicle: eighteen USC Part 1 Chapter ii department 31 definitions: “(6) Motor vehicle. – The term “motor vehicle” agency every description of railroad vehicle or other contrivance propelled or drawn yesteryear mechanical might as well as used for commercial purposes on the highways…” 10) The term “used for commercial purposes” agency the railroad vehicle of persons or belongings for whatever fare, fee, rate, accuse or other consideration, or direct or indirectly inwards connector amongst whatever business, or other labor intended for profit. “A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the shipping of persons for which remuneration is received.”
-International Motor Transit Co. vs. Seattle, 251 P. 120 The term ‘motor vehicle’ is dissimilar as well as broader than the discussion ‘automobile.’”
-City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232 “Thus self-driven vehicles are classified according to the usage to which they are position rather than according to the agency yesteryear which they are propelled” – Ex Parte Hoffert, 148 NW twenty ”
The Supreme Court, inwards Arthur v. Morgan, 112 U.S. 495, v S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified every bit solid effects, as well as nosotros come across no argue that automobiles should non hold upward similarly disposed of.”
Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907). “…a citizen has the correct to locomote upon the world highways as well as to carry his belongings thereon…” State vs. Johnson, 243 P. 1073; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; Hadfield vs. Lundin, 98 Wash 516, Willis vs. Buck, 263 P. l 982;
Barney vs. Board of Railroad Commissioners, 17 P.2d 82 “The usage of the highways for the role of locomote as well as shipping is non a mere privilege, but a mutual as well as telephone substitution Right of which the world as well as the private cannot hold upward rightfully deprived.”
Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163 “the correct of the Citizen to locomote upon the highway as well as to carry his belongings thereon inwards the ordinary course of teaching of life as well as business… is the commons as well as ordinary correct of the Citizen, a correct mutual to all.” –
Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781 “Every Citizen has an unalienable RIGHT to brand usage of the world highways of the state; every Citizen has total liberty to locomote from house to house inwards the enjoyment of life as well as liberty.” People v. Nothaus, 147 Colo. 210. “No State authorities entity has the might to permit or deny passage on the highways, byways, nor waterways… transporting his vehicles as well as personal belongings for either recreation or business, but yesteryear existence discipline only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Travel is non a privilege requiring licensing, vehicle registration, or forced insurances.”
Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22. “Traffic infractions are non a crime.” People v. Battle “Persons faced amongst an unconstitutional licensing law which purports to take a license every bit a prerequisite to do of right… may ignore the law as well as engage amongst impunity inwards do of such right.”
Shuttlesworth v. Birmingham 394 U.S. 147 (1969). U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy as well as Share Freely YHVH.name three “The discussion ‘operator’ shall non include whatever mortal who alone transports his ain belongings as well as who transports no persons or belongings for hire or compensation.”
Statutes at Large California Chapter 412 p.83 “Highways are for the usage of the traveling public, as well as all induce got the correct to usage them inwards a reasonable as well as proper manner; the usage thereof is an inalienable correct of every citizen.” Escobedo v. State 35 C2d 870 inwards eight Cal Jur 3d p.27 “RIGHT — Influenza A virus subtype H5N1 legal RIGHT, a constitutional RIGHT agency a RIGHT protected yesteryear the law, yesteryear the constitution, but authorities does non create the sentiment of RIGHT or master RIGHTS; it acknowledges them. . . “ Bouvier’s Law Dictionary, 1914, p. 2961. “Those who induce got the correct to do something cannot hold upward licensed for what they already induce got correct to do every bit such license would hold upward meaningless.”
City of Chicago v Collins 51 NE 907, 910. “A license agency learn out to do a thing which the licensor could prevent.” Blatz Brewing Co. v. Collins, 160 P.2d 37, 39; 69 Cal. A. 2d 639. “The object of a license is to confer a correct or power, which does non be without it.”
Payne v. Massey (19__) 196 SW 2d 493, 145 Tex 273. “The courtroom makes it clear that a license relates to qualifications to engage inwards profession, business, merchandise or calling; thus, when simply traveling without compensation or profit, exterior of trouble concern corporation or opportunity amongst the corporate state, no license is required of the natural private traveling for personal business, pleasance as well as transportation.”
Wingfield v. Fielder 2d Ca. 3d 213 (1972). “If [state] officials construe a vague statute unconstitutionally, the citizen may induce got them at their word, as well as human activity on the supposition that the statute is void.”
Shuttlesworth v. Birmingham 394 U.S. 147 (1969). “With regard peculiarly to the U.S. Constitution, it is simple that a Right secured or protected yesteryear that document cannot hold upward overthrown or impaired yesteryear whatever Blue Planet constabulary authority.” Donnolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; O’Neil vs. Providence Amusement Co., 108 A. 887. “The correct to locomote (called the correct of complimentary ingress to other states, as well as egress from them) is then telephone substitution that it appears inwards the Articles of Confederation, which governed our lodge earlier the Constitution.”
(Paul v. Virginia). “[T]he correct to locomote freely from State to State … is a correct broadly assertable against private interference every bit good every bit governmental action. Like the correct of association, it is a well-nigh unconditional personal right, guaranteed yesteryear the Constitution to us all.” (U.S. Supreme Court,
Shapiro v. Thompson). EDGERTON, Chief Judge: “Iron curtains induce got no house inwards a complimentary world. …’Undoubtedly the correct of locomotion, the correct to withdraw from ane house to unopen to other according to inclination, is an attribute of personal liberty, as well as the right, ordinarily, of complimentary transit from or through the territory of whatever State is a correct secured yesteryear the Constitution.’
Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186. “Our land has thrived on the regulation that, exterior areas of obviously harmful conduct, every American is left to form his ain life every bit he thinks best, do what he pleases, become where he pleases.” Id., at 197.
Kent vs. Dulles come across Vestal, Freedom of Movement, 41 Iowa L.Rev. 6, 13—14. “The validity of restrictions on the liberty of motion of detail individuals, both substantively as well as procedurally, is just the sort of thing that is the peculiar domain of the courts.” Comment, 61 Yale L.J. at page 187. “a mortal detained for an investigatory halt tin hold upward questioned but is “not obliged to answer, answers may non hold upward compelled, as well as refusal to reply furnishes no basis for an arrest.”Justice White, Hiibel “Automobiles induce got the correct to usage the highways of the State on an equal basis amongst other vehicles.”
Cumberland Telephone. & Telegraph Co. v Yeiser 141 Kentucy 15. “Each citizen has the absolute correct to conduct for himself the mode of conveyance he desires, whether it hold upward yesteryear wagon or carriage, yesteryear horse, motor or electrical car, or yesteryear bicycle, or astride of a horse, discipline to the sole status that he volition detect all those requirements that are known every bit the law of the road.”
Swift v City of Topeka, 43 U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy as well as Share Freely YHVH.name four Kansas 671, 674. The Supreme Court said inwards U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is non a “statute.” Influenza A virus subtype H5N1 traveler on pes has the same correct to usage of the world highway every bit an automobile or whatever other vehicle.
Cecchi v. Lindsay, 75 Atl. 376, 377, 1 Boyce (Del.) 185. Automotive vehicles are lawful agency of conveyance as well as induce got equal rights upon the streets amongst horses as well as carriages.
Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 205; See also: Christy v. Elliot, 216 Ill. 31; Ward v. Meredith, 202 Ill. 66; Shinkle v. McCullough, 116 Ky. 960; Butler v. Cabe, 116 Ark. 26, 28-29. …automobiles are lawful vehicles as well as induce got equal rights on the highways amongst horses as well as carriages. Daily v. Maxwell, 133 S.W. 351, 354.
Matson v. Dawson, 178 N.W. 2d 588, 591. Influenza A virus subtype H5N1 farmer has the same correct to the usage of the highways of the state, whether on pes or inwards a motor vehicle, every bit whatever other citizen.
Draffin v. Massey, 92 S.E.2d 38, 42. Persons may lawfully ride inwards automobiles, every bit they may lawfully ride on bicycles. Doherty v. Ayer, 83 N.E. 677, 197 Mass. 241, 246;
Molway v. City of Chicago, 88 N.E. 485, 486, 239 Ill. 486; Smiley v. East St. Louis Ry. Co., 100 N.E. 157, 158. “A soldier’s personal automobile is business office of his ‘household goods[.]’
U.S. v Bomar, C.A.5(Tex.), eight F.3d 226, 235” 19A Words as well as Phrases – Permanent Edition (West) bag business office 94. “[I]t is a jury enquiry whether … an automobile … is a motor vehicle[.]”
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