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 ----------
>
>
      


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