reply to post by PsykoOps
“The claim and exercise of a constitutional Right cannot be converted into a crime.” Miller vs. United States, 230 V. 486,489, (1956).
“There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights.” Sherar vs. Cullen, 481 F. 2d 946,
(1973).
Streets and highways are established and maintained for the purpose of travel and transportation by the public. Such travel may be for business or
pleasure.
“The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the
public and the individual cannot be rightfully deprived.’ [Emphasis added] Chicago Motor Coach vs. Chicago, 169 N. E. 22 (1929); Ligare vs.
Chicago, 28 N. E. 934 (1891); Boon vs. Clark, 214 S. W. 607 (1919); 25 Am. Jur. (1st) Highways Sect. 163.
and...
“The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile,
is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit
of happiness.” [Emphasis added] Thompson vs. Smith, 154 S.E. 579 (1930).
A Citizen has a Right to travel upon the public highways by automobile and the Citizen cannot be rightfully deprived of his Liberty. So where does
the misconception that the use of the public road is always and only a privilege come from?
“...For while a Citizen has the Right to travel upon the public highways and to transport his property thereon, that Right does not extend to the
use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways
of the state, but is a privilege or a license which the legislature may grant or withhold at its discretion.” State vs. Johnson, 243 P. 1073
(1926); Hadfield, supra; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S. Ct. 256 (1924);
Here the courts held that a Citizen has the Right to travel upon the public highways, but that he did not have the right to conduct business upon the
highways. On this point of law all authorities are unanimous.
“Heretofore the court has held, and we think correctly, that while a Citizen has the Right to travel upon the public highways and to transport his
property thereon, that Right does not extend to the use of the highways, either in whole or in part, as a place of business for private gain.”
Barney vs. Board of Railroad Commissioners, 17 P.2d 82 (1932); Willis vs. Buck, 263 P. 982 (1928).
and...
“The right of the citizen to travel upon the highway and to transport his property thereon, in the ordinary course of life and business, differs
radically and obviously from that of one who makes the highway his place of business for private gain in the running of a stagecoach or omnibus.”
State vs. City of Spokane, 186 P. 864 (1920).