Time: Wed Oct 30 20:27:01 1996 To: From: Paul Andrew Mitchell [address in tool bar] Subject: Traveling is a right [3/7] Cc: Bcc: liberty lists <snip> >--------- Begin forwarded message ---------- >From: autarchic >To: libertylaw@www.ultimate.org >Subject: Traveling is a right [3/7] >Date: Wed, 30 Oct 1996 10:20:15 EST >Message-ID: <19961030.141739.4327.16.autarchic@juno.com> > > >>> Part 3 of 7... > > attach upon every person immediately upon his birth in the > kings dominion, and even upon a slave the instant he lands > within the same. (Emphasis added). > See: > 1 Chitty Pr. 32. > > 23.3 "RIGHT" -- A legal "RIGHT," a constitutional > "RIGHT" means a "RIGHT" protected by the law, by the > constitution, but government does not create the idea of > "RIGHT" or original "RIGHTS"; it acknowledges them. . . . > (Emphasis added). > See: > Bouvier's Law Dictionary, 1914, p. 2961. > > 23.4 Absolute "RIGHT" -- Without any condition or > incumbrance as an absolute bond, simplex obligatio, in > distinction from a conditional bond; an absolute estate, one > that is free from all manner of conditions or incumbrance. A > rule is said to be absolute when, on the hearing, it is > confirmed. (Emphasis added). > See: > Bouvier's Law Dictionary. > > 23.5 Unalienable -- A word denoting the condition of > those things, the property in which cannot be lawfully > transferred from one person to another. > See: > Bouvier's Law Dictionary. > >24. It shows from these definitions that the State has an >obligation to acknowledge the "RIGHTS" of this Sovereign to travel on >the streets or highways in North Carolina. Further, the State has the >duty to refrain from interfering with this "RIGHT" and to protect this >"RIGHT" and to enforce the claim of this Sovereign to it. >25. Now if this Sovereign has the absolute "RIGHT" to move about >on the streets or highways, does that "RIGHT" include the "RIGHT" to >travel in a vehicle upon the streets or highways? The Supreme Court of >the State of Texas has made comments that are an appropriate response >to this question. > > 25.1 Property in a thing consists not merely in its > ownership and possession, but in the unrestricted "RIGHT" of > use, enjoyment and disposal. Anything which destroys any of > these elements of property, to that extent destroys the > property itself. The substantial value of property lies in > its use. If the "RIGHT" of use be denied, the value of the > property is annihilated and ownership is rendered a barren > "RIGHT." Therefore, a law which forbids the use of a certain > kind of property, strips it of an essential attribute and in > actual result proscribes its ownership. (Emphasis added). > See: > Spann v. City of Dallas, 235 S.W. 513. > >26. These words of the Supreme Court of Texas are of particular >importance in Idaho because the Idaho Supreme Court quoted the Supreme >Court of Texas and used these exact words in rendering its decision in >the case of O'Conner v. City of Moscow, 69 Idaho 37. The Supreme Court >of Texas went on to say further; > > 26.1 To secure their property was one of the great ends > for which men entered into society. The "RIGHT" to acquire > and own property, and to deal with it and use it as the > owner chooses, so long as the use harms nobody, is a natural > "RIGHT." It does not owe its origin to constitutions. It > existed before them. It is a part of the Citizen's natural > liberty--an expression of his freedom, guaranteed as > inviolate by every American Bill of "RIGHTS." (Emphasis > added). > See: > Spann supra. > >27. PROPERTY > > 27.1 Bouvier's Law Dictionary defines; > > 27.1.1 Property -- The ownership of property implies its > use in the prosecution of any legitimate business which is > not a nuisance in itself. > See: > In re Hong Wah, 82 Fed. 623. > >28. The United States Supreme Court states: > > 28.1 The Federal Constitution and laws passed within > its authority are by the express terms of that instrument > made the supreme law of the land. The Fourteenth Amendment > protects life, liberty, and property from invasion by the > States without due process of law. > > 28.2 Property is more than the mere thing which a > person owns. It is elementary that it includes the "RIGHT" > to acquire, use and dispose of it. (Emphasis added). > See: > Buchanan v. Warley 245 U.S. 60, 74. > >29. These authorities point out that the "RIGHT" to own property >includes the "RIGHT" to use it. The reasonable use of an automobile is >to travel upon the streets or highways on which this Sovereign has an >absolute "RIGHT" to use for the purposes of travel. The definitions in >Title 49 Chapter 3 of the Idaho Code positively declare the "RIGHT" of >this Sovereign to travel in a vehicle upon the streets or highways in >Idaho. >30. MOTOR VEHICLE OR VEHICLE? > > 30.1 Motor Vehicle -- Motor vehicle means a vehicle > which is self-propelled or which is propelled by electric > power obtained from overhead trolley wires, but not operated > upon rails. > See: > Idaho Code 49-301 (6) > > 30.2 Vehicle -- Vehicle means a device in, upon, or by > which any person or property is or may be transported or > drawn upon a public highway, excepting devices moved by > human power or horse drawn or used exclusively upon > stationary rails or tracks. > See: > Idaho Code 49-301 (14) > > 30.3 Street or Highway -- Street or Highway means 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 49-301 (13). > > 30.4 The term "Motor Vehicle" may be so used as to > include only those self-propelled vehicles which are used on > highways primarily for purposes of "transporting" persons > and property from place to place. (Emphasis added). > See: > 60 Corpus Juris Secundum 1, Page 148; > Ferrante Equipment Co. v. Foley Machinery Co., N.J., 231 > A.2d 208, 211, 49 N.J. 432. > > 30.5 It seems obvious that the entire Motor > Transportation Code and the definition of motor vehicle are > not intended to be applicable to all motor vehicles but only > to those having a connection with the "transportation" of > persons or property. (Emphasis added). > See: > Rogers Construction Co. v. Hill, Or., 384 P.2d 219, 222, 235 > Or. 352. > > 30.6 "Motor vehicle" means a vehicle, machine, tractor, > trailer, or semitrailer propelled or drawn by mechanical > power and used on a highway in "transportation," or a > combination determined by the Commission, but does not > include a vehicle, locomotive, or car operated only on a > rail, or a trolley bus operated by electric power from a > fixed overhead wire, and providing local passenger > "transportation" similar to street-railway service. > (Emphasis added). > See: > Transportation, Title 49, U.S.C.A. 10102 (17). > > The Constitutions of the United States and the State of >North Carolina guarantees this Sovereign the "RIGHT" to own property. >The Supreme Courts of North Carolina and Texas have affirmed that the >"RIGHT" to own property includes the "RIGHT" to use it while its use >harms nobody. If that property is an automobile, it is included in the >definitions of vehicle and motor vehicle in the Idaho Code Title 49 >Chapter 3. And in the same Idaho Code Chapter, streets or highways are >defined as the place where vehicles are used by the public as a matter >of "RIGHT." Thus it shows that this Sovereign has the "RIGHT" to use a >vehicle on the streets or highways in North Carolina. >31. Now if this Sovereign has the "RIGHT" to use a vehicle on >the streets or highways in North Carolina, to what extent can the >State of North Carolina regulate or diminish that "RIGHT?" There are >some who maintain that specific performance is required of every >Sovereign who uses a vehicle upon the streets or highways in North >Carolina. Let us examine this contention in detail. > CONTRACT? >32. Specific performance is a term used to designate an action >in equity in which a party to a contract asks the court to order the >other party to carry out the contract which he has failed or refused >to perform. Thus, if specific performance is expected, a contract must >exist. The question then becomes: What are the terms of the contract >and when was it executed and by whom? Since specific performance seems >expected of every user of a vehicle on the streets or highways in >North Carolina, the user of a vehicle seems one of the parties to the >supposed contract. And since the State seems the party demanding >specific performance, the State is the other party to the contract. So >the supposed contract exists between the user of a vehicle and the >State of North Carolina. When was this contract executed and what are >its' terms? Some contend that when a user of a vehicle avails himself >of the "privilege" of driving on public thoroughfares that he enters a >contract with the State that requires him to abide with all the laws >in the North Carolina General Statutes. Others contend that the >contract is executed when a driver's license is obtained. We need now >to figure out what is a contract. >33. A contract may be defined as an agreement enforceable in >court between two or more parties, for a sufficient consideration to >do or not to do some specified thing or things. Thus, a contract has >four essential features: > > >>> Continued to next message... >--------- End forwarded message ---------- > >
Return to Table of Contents for
Supreme Law School: E-mail