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William Hoster pro se
422 Jungle Road
Bernville PA 19506
610 488 7950
This page is http://www.lawyerdude.netfirms.com/hoster.pdf www.lawyerdude.8k.com/hoster.html
Related pages:
This is one of several “right to drive” briefs at this link: www.lawyerdude.8k.com/right2drive.html
Berks County Court of Common Pleas
Berks County court house , 633 Court Street, Reading, PA 19601
Judge Arthur Grim, Presiding, Civil side. Mary Ann R Sutton, Prothonotary 610 478 6970
www.countyofberks.com http://www.co.berks.pa.us/courts/site/default.asp
William Hoster,
Petitioner/ Applicant
v
Cprl. Wayne Elser #6059 of troop L,
Troop L of Penn. State Police,
Justice Court at Oley, Pennsylvania,
Respondents.
Case #
Brief #5597 Preliminary version 1.502
Dombrowski Application for writ to prohibit Cprl. Wayne Elser #6059 and his troop from contacting Hoster regarding his licensure and to overturn applicant’s conviction at a court of no record.
Application for Order to Show Cause why this writ should not issue.
Memorandum of Authorities.
Proof of Service.
Date: Tuesday 15 August 2006
Time: 1:30 pm
Place: 633 Court Street, Reading PA
We use the roads as tenants in common; No License is needed.
Notice of Application for Writ of Prohibition and Application for Order to Show Cause
To all respondents: At the venue designated in the caption or at such other venue as shall be deemed appropriate I will ask the court to stop you from interfering with my right to use the road.
Signed _____________________ William Hoster, age 71, excellent driver.
Sign on side of Grampa’s truck: “Not for Hire”
"Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads, and yet, under an act like this, arbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment." -Robertson vs. Department of Public Works, 180 Wash 133,147
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the 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 nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct." [emphasis added] American Jurisprudence 1st. Constitutional Law, Sect.329, p 1135.
Table of Contents:
Table #1 U.S. Supreme Court cases cited herein:
Table #2: Lower Federal Court Cases cited herein:
Table #3 California Cases cited herein.
Table #4: Cases from other states cited herein:
Table #5: Pennsylvania statutes and rules cited herein:
Table #6: Constitutional clauses cited herein:
Table #7: Learned Treatises and Encyclopedias cited herein:
Dombrowski Petition to enjoin prosecution of William Hoster and to Enjoin police employee from contacting Hoster regarding his licensure.
Application for Order to Show Cause why Pennsylvania should not be enjoined from prosecuting William Hoster regarding his right to drive.
Statement of the case/ Declaration of Defendant
Trial by court of no record.
Now I operate my farm suffering the hardship of being deprived of being able to drive my pickup.
I belong to a legal defense mutual support group. We found a lawyer.
Memorandum of Authorities
History of the driver license
In the Beginning we built roads. We shared common tenancy.
Breach of Social Contract
Declaration of Douglas Palaschak re: The law of licensure of farm trucks.
Defendant did not suddenly lose his right to drive.
We use the road as common tenants - not as renters from the state
Comparison of Tenant in Common to Licensee
The Nature of a License: permission to do something that one otherwise may not do.
Supreme Court’s Views on the right to Locomotion
The Department of Motor Vehicles has by stealthy encroachment overstepped its bounds
Supreme Court’s older Traditional View of Right to Travel
States may not compact with each other without permission of Congress.
Some cases that flesh out the difference between “rights” and “privileges”
Liberties may not be licensed - although by stealthy encroachment that was the trend
The Constitutional Right to Travel. Locomotion. Association.
General Ancient Libertarian Premise
Argument
Right to Use Roads and Highways.
The Common Law Right to Travel
Automobiles and the Right to Travel.
Defendant is not required to have a driver license.
There is no compelling state interest
Some would say that the right to travel is limited to travel without a car. They are wrong.
Licensing distinguished from mere Regulation
The California Constitution contains no grant of power to take away our right to use the road - and such a grant would violate the privileges and immunities clause.
Abrogation of the Right of Property by stealthy encroachment
Conclusions applicable to Defendant’s use of the roads in common tenancy
Tables of Authorities cited herein:
Table #1 U.S. Supreme Court cases cited herein:
Aptheker v. Secretary of State, 378 U.S. 500 (1964 1
Boyd v. United States (1886) 1
Gibbons v. Ogden (Feb 1824) 22 US 1, 6 L Ed 23, 9 Wheat 1. Steamboat licensing dispute. 1
Graham v. Department of Pub. Welfare, 403 U.S. 365 (1971) 1
Kent v. Dulles, 357 U.S. 116 (1958) 1
Murdock v. Pennsylvania (1943) www.lawyerdude.8k.com/murdock.html 1 319 U.S. 105 2
Oregon v. Mitchell, 400 U.S. 112 (1970) 1
Shapiro v. Thompson, 394 U.S. 618 (1969) 1
U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is not a "statute." 1
United States v. Guest, 383 U.S. 745 (1966) 1
Zemel v. Rusk, 381 U.S. 1 (1965) 1
Table #2: Lower Federal Court Cases cited herein:
Douglas v City of Jeannette 130 F 2nd 652, 655. 1
Knoll Golf Club v U.S., 179 F Supp 377 1
Table #3 California Cases cited herein.
Escobedo v. State Dept. of Motor Vehicles (1950), 222 Pac. 2d 1, 5, 35 Cal.2d 870 (1950). The losing side made all the correct arguments in this case. correct argument 1
Table #4: Cases from other states cited herein:
Beard v City of Atlanta (__) 86 SE 2nd 672, 676; 91 Ga. App. 584. 1
Chicago Motor Coach v. Chicago, 169 NE 221. “The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." 1
City of Louisville v Sebree (19__) 214 SW 2nd 248, 308 Ky 420 1
Littleton v Burgess 82 P 864, 866, 14 Wyo 173. 1
Payne v. Massey (19__) 196 SW 2nd 493, 145 Tex 273. 1
Robertson vs. Department of Public Works, 180 Wash 133,147 "Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads, and yet, under an act like this, arbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment.".
1 2
Taylor v Smith, 140 Va. 217, 235 1
Thompson v. Smith, 154 SE 579. 1
Wool v Larner, 26 A 2nd 89, 92, 112 Vt. 431. 1
Table #5: Pennsylvania statutes and rules cited herein:
Table #6: Constitutional clauses cited herein:
California Constitution 1
Edwards v California. 1
equal protection 1
Equal Protection Clause 1
U.S. Constitution: Art. 1 Section 10, Clause 3: “ No state shall, without Consent of Congress, . . . enter into any Agreement or Compact with another State. . .” 1
U.S. v Guest 1
Table #7: Learned Treatises and Encyclopedias cited herein:
American Jurisprudence, 1st Edition. Constitutional Law, Sect.329, p.1135 “The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the 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 nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
1
Dombrowski Petition to enjoin prosecution of William Hoster and to Enjoin police employee from contacting Hoster regarding his licensure.
Application for Order to Show Cause why Pennsylvania should not be enjoined from prosecuting William Hoster regarding his right to drive.
Petitioner William Hoster asks this court to issue an Order to Show Cause why Respondents should not should not be enjoined from prosecuting William Hoster regarding his right to drive.
Statement of the case/ Declaration of Defendant
I, William Hoster, declare the following under penalty of perjury:
I am 71 years old. I was raised by Mennonites. I speak Pennsylvania Dutch. I operate a farm. I live alone. I am severely hardshipped by being treated like a child. I speak Pennsylvania Dutch. I have lived on this farm for 30 years. I am severely hardshipped by being treated like a child. I am a 71 year old farmer in terror of driving my own truck down roads built with my tax money for the past half century. On 29 September 2001 I exercised my right to use the roads. I drove my old Ford pickup truck. On my way home I noticed that a police car followed me for 3.5 miles.
At 1:45 pm Corporal Elser made a pretextual and illegal traffic stop. He lied telling me that my tail lights were out, but I drove directly to a gas station and the lights all worked perfect there.
I was on Pricetown road. Pricetown is 20 miles from my farm.
I knew this Corporal Elser from previous unpleasant experiences with him. I notice that another officer stood at the right door with his hand on his gun as though he were arresting Bonny and Clyde.
On this day, 29 September Elser gave me 3 tickets:
a. J 083918-2 Driver required to be licensed;
b. J 083219-3 Tire Equipment and Traction Surfaces; and
c. J 0832920-5 Financial Responsibility Required.
Notice that he gave me no ticket for bad lights. Then Elser said to me “I know where you live”.
The information should have been suppressed for violation of the 4th amendment, but the court denied me my right to counsel. I am a 71 year old farmer in terror of driving my own truck down roads built with my tax money for the past half century.
Trial by court of no record.
I pleaded not guilty.
My trial was held on November 5, 2001 before Ronald Mest.
I suffered a fake trial there being no court reporter. This was in a “district court”
I suffered a denial of my right to a jury.
I suffered a denial of many of my rights.
I was ordered to pay $219.
On November 13th, 2001 the 8th day after trial, I attempted to file a notice of appeal. I contend that this notice of appeal was by law satisfactory and therefore constituted adequate notice of appeal.
To be sure of following the procedure, I asked David Connolly to file a redundant notice of appeal.
My legal adviser, David Connolly, express mailed my notice of appeal so that it would arrive in time.
The serial number on the Express Mail package was EF 198367148. Express Mail is guaranteed to arrive on the next day.
The post office failed its guarantee of delivery by the appointed date.
My redundant notice of appeal arrived on the 16th day, one day late. Nonetheless I had already filed a notice of appeal. The law respects substance more than form.
I have been afraid to drive my truck since that encounter with the angry policeman and the oppressive court which denied my right to appeal - and also committed a host of other violations of my civil rights. I consider the trial a legal nullity.
Now I operate my farm suffering the hardship of being deprived of being able to drive my pickup.
Farmers are sui generis - a class of their own. Farmers learn to drive at age 11. I have driven horses. I have driven all manner of farm machinery. Of all these devices, the automobile and pickup truck are the easiest. I have been driving cars and trucks since 1943 when I was 11 years old. And now some man with a badge is doing a public service by insisting that I obtain permission from the state to drive on the road. This makes no sense.
I belong to a legal defense mutual support group. We found a lawyer.
Turns out that I am not the only one who feels the oppression on farm folks. Here is what my lawyer says: At first they wanted the Amish to pay social security taxes. Then Congress intervened to avoid a conflict. Then they wanted to Amish to make their kids go to school until the 12th grade. The Supreme Court ruled in favor of the Amish in Wisconsin v Yoder . The driver license is even more oppressive than the license that the court declared unconstitutional in Murdock v. Pennsylvania (1943):
See for yourself: www.lawyerdude.8k.com/murdock.html
Constitutional law is the study of competing societal goals. No societal goal is offended if we find a law inapplicable to farmers; we have a unique lifestyle. We are more and more a discrete and insular minority. We have our own unarticulated social norms. Law necessary in the city (where kids don’t learn to drive as early or as well) are not necessary in the country. When you have an angry city cop trying to impose his will on farm folks, well that just aint right.
I ask this court to order the police to leave me alone and let me operate my farm in peace as I have for the past 40 years.
Signed ________________, Petitioner
William Hoster
Memorandum of Authorities
History of the driver license
In the Beginning we built roads. We shared common tenancy.
The townships generally required citizens to contribute approximately 10 days in the spring to fix the roads. Those citizens with wagons hauled macadam rock and other materials.
Breach of Social Contract
The implied contract was this: “Help us build roads and the benefit will flow to us and to our children and to our children’s children”. That was a social contract. The police now by stealthy encroachment have made it to appear that the roads were not built according to social contract. The police not make it appear that they own the roads. They attempt to force us to buy a ticket to use the roads. They patrol the road in front of my house like knights of the king’s road. I am 71 years old. I ask the court to make the necessary orders to permit me to drive my pickup on the roads that I helped build by paying land taxes for a half century.
Evolution of Driver License - as related by Charles Sprinkle of Ojai, California
Charles was born in 1939 in West Virginia. He says that volunteers patrolled the roads carrying gasoline for people with car problems. Eventually every driver paid 25 cents toward the gasoline fund. The receipt for this 25 cents was your license to use the road and partake of the services should you become stranded.
Declaration of Douglas Palaschak re: The law of licensure of farm trucks.
I, Douglas Palaschak, declare the following under penalty of perjury: I remember. I was raised on a grand corn and soybean farm in Illinois. When I was age 9, each of my Grandfathers owned a grain truck. Both trucks said the same thing on the side: “Not for hire”. I pondered this strange message for many years. Why would you not hire your truck out? Why make an issue of it before anybody even asks? The answer seemed to be that if you hired out your truck then you became subject to a higher tax on the truck. In fact to this day there is a rule, perhaps unwritten, that a farmer may drive his truck to the nearest grain elevator just as he may drive his tractor and wagon, to wit: without regard for licenses on the driver or the truck - because none are needed for the tractor and wagon hauling corn in from the field.
I drove a grain truck again on the farm in the harvests of 1996, 1997, and 1998. I drove it without a driver license for a truck, and, as I recall, the trucks, or at least one of them was not currently registered. That is how the issue arose.
________________
Douglas Palaschak
Defendant did not suddenly lose his right to drive.
By stealthy encroachment the state takes away our liberty and sells is back to us as a license. The stealth encroachment process of the corporation/ state against the human depends on time for its success. The human lives perhaps 85 years. The corporation/ state has eternal life. As each succeeding generation dies off, the next generation fails to remember the lessons and history of the previous generation. The corporation state counts on that. Defendant remembers the way it was.
We use the road as common tenants - not as renters from the state
Stealthy encroachment at work: The state counts on this generation to forget that we use the roads as tenants in common - not as licensees! Teodor Marian and his Mentor Richard McDonald have researched this vein. By looking back at old disputes regarding roads, rivers, and other ways of passage, we see clearly that the view was that public property is nothing more than property held in common tenancy for use by the public.
Comparison of Tenant in Common to Licensee
The licensee must request the license from the licensor, he cannot demand it from him. The licensor cannot require the licensee to take his license under the licensee has encroached upon the thing or act that the licensor has competent authority over. You cannot demand a liquor license. By comparison you can use the road without even demanding anything. It is there to be used by all.
The Nature of a License: permission to do something that one otherwise may not do.
You may not hunt pheasant in my corn field without my permission. However, we each have the right, barring abuse, to use the road. We are tenants on common on the road.
To license means to confer on a person the right to do something which otherwise he would not have the right to do. City of Louisville v Sebree (19__) 214 SW 2nd 248, 308 Ky 420
The state cannot sell a right to drive; it was already ours.
The object of a license is to confer a right or power, which does not exist without it. Payne v. Massey (19__) 196 SW 2nd 493, 145 Tex 273.
The word “license” means permission, or authority; and a license to do any particular thing, is a permission or authority to do that thing; and if granted by a person having power to grant it, transfers to the grantee the right to do whatever it purports to authorize. Gibbons v. Ogden (Feb 1824) 22 US 1, 6 L Ed 23, 9 Wheat 1.
Supreme Court’s Views on the right to Locomotion
A good place to start is Edwards v California (1941) 314 U.S. 160. The court held that a state may not condition interstate travel upon wealth Footnote . (That yellow cartoon word bubble is a footnote. Click on it and the footnote will pop up.) I contend that the driver license scheme is merely a regressive tax and therefore an impermissible barrier to interstate commerce. People are commerce. Interstate commerce includes, ironically, instate commerce, for purpose of this analysis.
The Department of Motor Vehicles has by stealthy encroachment overstepped its bounds
There is a case that says that all administrative law is unconstitutional. We need not be that drastic. Certainly there are some things that the Department of Motor Vehicles can do lawfully. They can assist in transferring title of a car. They can administer a driver test. Even if the state legislature cooperates and passes a “statute” for the motor vehicle code, that “statute” is really more like a “regulation” in that even the legislature has no power to impede commerce absent compelling state interest.
The culprit here is stealthy encroachment; the state has attempted to change the meaning of words. Read “Public Licenses and Private Rights (1953) Excerpts from 33 Oregon Law Review 1 (Barnett, 1953) This article becomes even stronger if you add the due process progress in the past half century. This page is www.lawyerdude.8k.com/5943.html
The so-called driver license is not a license but 2 other things: It is a receipt for payment of the road tax - which was a subject of discussion by Henry David Thoreau. It is also a proof of driving competency. Today it is also an internal passport.
The driving license laws are all overbroad and they all deny equal protection. The state has carved out a plethora of examples. They need to merely recognize some exception for Farmer Hoster. They recognize an exception for soldiers and postal carriers even though no such exception is written in the statute. As to farmers there is custom and tradition; that is what Hoster relies on, but getting back to overbreadth, the postal case is from 1920. Johnson v Maryland http://www.lawyerdude.8m.com/5089.html 254 U.S. 51 (1920) The courts will gladly recognize the importance of postal workers, military, and out of state drivers and consular folks, but it sees its own people as serfs, as a cash sow. This is fundamentally wrong. There is a lot to say about this concept of discrimination by a state against its own people. We are NOT subjects of the state. This, I think, is what Charlie Sprinkle thinks. I agree with him. The man fought for our country in a war where he could have been killed, an now they tell him that he cannot drive here without their permission - but the Korean folks who were on the other side can come here and drive without a California license. This is the old case that says that postal workers don’t need no stinking driver license - but now the state wants to make sure that farmer William Hoster has one even though he is 68 years old and never had a driver license and has driven tractors, trucks, combines, cars, and, uh, horses all his life.
And cops can speed.
And firemen can speed.
And the military folks need no driver license - or license plates.
Conclusion. Most laws of general application are not laws of general application. there is the overlord group and the sheeple. This is the grist of Overbreadth. There is almost always an overbreadth case to be made regarding a traffic ticket.
Here is my overbreadth page: http://www.lawyerdude.8m.com/5089.html
The state sees itself as the king of us. They don't want to fight the government. The law has never been well argued for the folks who have no license. License is permission to do something that you would not have a right to do otherwise. You buy license to sell a patented object. Then, recently in history, the states reached critical mass and decided to become feudal kingdoms and profit centers. This postal case is published on the net at www.lawyerdude.8m.com/5274.html
The Supreme Court said in U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is not a "statute." While in practical effect regulations may be called "little laws," 1. 7 they are at most but offspring of statutes.” I cite this case only to point out that indeed there is a difference between regulations and statutes. Furthermore, not all laws are created equal. Furthermore, a statute that regulates without constitutional authority is a nullity even though it be published in the books, recognized by the police and lowers courts, and even though it be unchallenged for decades. Such is current state of driver license laws in these United States. We are in the age of government excess. Over half the working people work for some form of government. By manipulating the money, by imprisoning dissenters, by owning the bulk of the stock of public corporations, by deceptive bookkeeping, and by other oppression, fraud, and malice, the governments have lulled the populace into a belief in the presumed regularity of whatever the government says. Well, I am here to tell you it aint so!
Supreme Court’s older Traditional View of Right to Travel Footnote
"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.
"Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads, and yet, under an act like this, arbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment." Robertson vs. Department of Public Works, 180 Wash 133,147.
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the 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 nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct.” American Jurisprudence 1st Edition, Constitutional Law, Sect.329, p.1135.
The leading cases regarding travel in general are:
Kent v. Dulles, 357 U.S. 116 (1958)
Aptheker v. Secretary of State, 378 U.S. 500 (1964)
Zemel v. Rusk, 381 U.S. 1 (1965)
United States v. Guest, 383 U.S. 745 (1966)
Shapiro v. Thompson, 394 U.S. 618 (1969)
Oregon v. Mitchell, 400 U.S. 112 (1970)
Graham v. Department of Pub. Welfare, 403 U.S. 365 (1971)
States may not compact with each other without permission of Congress.
Consider the compact by which all states seem to want you to have a driver license from one state only.
U.S. Constitution: Art. 1 Section 10, Clause 3: “ No state shall, without Consent of Congress, . . . enter into any Agreement or Compact with another State. . .”
Some cases that flesh out the difference between “rights” and “privileges”
The permission or license is a special right or privilege. Once a license exists only the licensee has he right to do the thing the licensor allows. The licensee is privileged over others who do not have a license. It thus is a privilege to have the right to do the thing that is licensed. In other words, the right or permission granted by the licensor is a privilege since he controls who can and who cannot exercise the right. If the licensor grants the licensee a right or benefit, it is called a privilege:
The word privilege is defined as a peculiar benefit, favor, or advantage, a right or immunity not enjoyed by all, or it may be enjoyed only under special conditions. Knoll Golf Club v U.S., 179 F Supp 377
Since the right or permission to do a thing is called a license, and since the right is “peculiar” to the licensee alone, the license is called a privilege. Anything that requires a license is a privilege.
A license for the sale of intoxicating liquor is a privilege. Chiordi v Jernigan 129 P 2nd 640, 642; 46 NM 396.
Even privileges must be administered even-handedly. Authority: Equal Protection Clause.
Also, grandfather clauses, and implied clauses, forbid the state to take away a vested right.
Those have the right to do something cannot be licensed for what they already have right to do as such license would be meaningless. City of Chicago v Collins (19__) 51 NE 907, 910.
Also, those things which are considered as inalienable rights, which all Americans possess, cannot be licensed since those are not held to be a privilege.
The right to freedom of speech, freedom of the press, freedom of assembly, and freedom of religious worship are not privileges. Douglas v City of Jeannette 130 F 2nd 652, 655.
A license bypasses a legal barrier or makes an otherwise unlawful act lawful. The nature of a license allows the licensee to do something he could not otherwise legally do. Thus, a license gives the licensee the right to do something that would otherwise be illegal or unlawful for him to do.
A license is a mere permit to do something that without it would be unlawful. Littleton v Burgess, 82 P 864, 866, 14 Wyo 173.
A license is a right granted by some competent authority to do an act which, without such license, would be illegal. Beard v City of Atlanta (__) 86 SE 2nd 672, 676; 91 Ga. App. 584.
A licensee is one privileged to enter or remain on land by virtue of the possessor’s consent, whether given by invitation or permission. Wool v Larner, 26 A 2nd 89, 92, 112 Vt. 431.
The licensor has the power to prohibit. Since the licensor is in the position to grant a right or permission it logically follows that he has the power to prohibit the act also. Likewise, having the power to prohibit something from being done, it follows as a corollary that power also exists to permit its use. Taylor v Smith, 140 Va. 217, 235. Thus, where the power to license exists so does he power to prohibit.
The authority to license implies the power to prohibit, such being the meaning of the term. The City of Burllington v. Bumgardner, 42 Iowa 673, 674.
The power to license necessarily includes the power to inhibit unlicensed persons from doing the acts authorized by license. The power to refuse license necessarily gives the power to limit the issuance of licenses. Ex parte M.T. Dickey, 76 W. Va.576, 585; 85 SE 781.
A license means leave to do a thing which the licensor could prevent. Blatz Brewing Co. v. Collins, 160 P.2d 37, 39; 69 Cal. A. 2d 639.
Since the Motor Vehicles Departments, i.e., licensors, the Motor Vehicles Department(s) can issue or refuse to issue a license and thereby permit or prohibit anyone from exercising the right or privilege they has authority over.
A license carries limitations, restrictions and requirements. Whenever a license is issued the licensee is under certain limitations and requirements established by the Motor Vehicles Department (licensor), which may be implied or expressed when the license was issued. These limitations and requirements are often in the form of rules and regulations and may be referred to as the “terms” of the license, which the licensee is subject to. The following decision reveals these characteristics:
“Licensee,” as used in Pub. St. c. 100, in reference to certain licensees, and providing that no such licensee shall place or maintain any screen, curtain, or other obstruction on the licensed premises, refers to every licensee, and not merely such as have been required by the licensing board to remove a screen, curtain, or other obstruction. Commonwealth v. Rourke, 6 N.E. 383, 384; 141Mass. 321.
Those that are licensed under the statute cited above are restricted in their ability to erect curtains, screens, or other obstructions on their premises due to the terms of the license. It matters not where these terms were directly stated to the licensee or stated in the rules and regulations that cover such licensed businesses, the licensee still becomes subject to the terms of the license. There can be no argument that such terms are unreasonable as the licensor is in authority to make any such rules.
If a city chooses to grant permission [a license] to individuals to conduct a taxicab business in its streets, it can prescribe such terms and conditions as it may see fit, and individuals desiring to avail themselves of such terms and conditions, whether they are reasonable or unreasonable. Eason v. Dowdy, 219 Ga. 555.
Also, any argument that such terms are in violation of one’s rights has no legal standing. When person(s) takes a license, he in effect must waive any rights that would otherwise conflict with the terms of the license. The licensor has the authority over the thing being licensed therefore his term must prevail over the rights of the licensee and out of respect of the licensor’s right to control the thing or act. Thus, the rights of the licensee are limited by the terms of the license.
The rights of a licensee can rise no higher than the terms of the statute or ordinance by which he became the holder. Steves et al. v Robie, 139 Me. 359, 363.
The licensee must submit to the rules, limitations, and requirements the licensor sets out as the terms of the license.
A license is revocable by the licensor. When a license exists, it is within the power of the Motor Vehicles Department(s) (licensor) to revoke the license at any time this entity wishes.
Permits to carry on a liquor business issued under Liquor Control Act are mere licenses revocable as provided in such act. State v. Hawlew, 44 N.E. 2d 815, 820.
A license, pure and simple, is a mere personal privilege, and it is revocable at law, at the pleasure of the licensor, even when money has been paid for it. River Development Corp. v. Liberty Corp., 133 A. 2d 373, 385; 45 N.J. Super. 445.
A license is one to whom an owner of realty has granted a mere right of occupancy, and such license is revocable at the option of the licensor. Caldwell v. Mitchell, 158 NYS 2d 868, 870.
The licensee cannot possibly revoke the license he is the holder of since he did not give himself the permission or license in the first place. Only the licensor can revoke a license.
The terms and rules of a license are amendable. Restrictions, limitations, and requirements can be added, deleting or modified at a future date and become new terms of the license. Here again only the licensor is able to amend the terms and conditions of the license. Thus, when the licensor makes a requirement after the license is issued, the licensee is subject to that requirement just as though it were an original condition of the license.
The foregoing characteristics of a license reveal the legal principles that potentially exist whenever licensing takes place.
A license is often found under the law of contracts and apparently shares some attributes of contract. However, in its truest sense, a license is not a contract and it has generally been so held.
A license is merely a privilege to do business and is not a contract between authority granting it and grantee nor is it a property right, nor does it create a vested right. Mayo v. Market Fruit Co. of Sanford, Fla.,40 So. 2d 555, 559.
A license is merely a permit or privilege to do what otherwise would be unlawful, and is not a contract between the authority, federal, state, or municipal granting it and the person to whom it is granted, and is not property or a property right. American States Water Services Co. of California v Johnson, 88 P.2d 770, 774; 31 Cal. App. 2d 606.
A license requires that one of the parties have competent authority over the thing or the act involved in the agreement whereas a contract does not. A license can be terminated by one of the parties at any time but a contract cannot. These authorities also show that a license is not property right because it is not in itself property. Neither is a license a vested right but only a privilege.
The Undersigned now brings to light in what manner can a license be used when controlling the acts of individuals that are regarded as “natural rights,” or in exercising [3] “constitutional rights.”
Liberties may not be licensed - although by stealthy encroachment that was the trend
The terms liberty and license are often viewed as two different things. Liberty being a sacred right everyone has, and a license being a grant that is often assigned and documented by way of a piece of paper. This is true where we use these words as if they are commonly understood.
Liberty is viewed as an inherent and inalienable right, and one all free men naturally possess. This is to be distinguished from the type of right given by an individual or government, which is commonly called a license. Thus, the latter is not, and cannot be, considered as a substitute for the former.
However, the technical and legal definition of these two words is actually synonymous.
A license gives one the right or “liberty” to do a certain thing.
Definition: “License”: Leave; permission; authority or liberty given to do or forbear any act. A license may be verbal or written; when written, the paper containing the authority is called a license. A man is not permitted to retail spirituous liquors till he has obtained a license. Webster’s American Dictionary, 1828.
It can be seen by this definition that a license is a liberty. Once one has a “license” one has “liberty” or is at liberty to do something.
The Constitutional Right to Travel. Locomotion. Association.
U.S. v Guest
Edwards v California.
The basis of the RIGHT TO TRAVEL primarily centers around the peoples inalienable and natural right of “liberty.” At times, both “The State” and the U.S. Constitution recognize liberty.
General Ancient Libertarian Premise
Personal liberty, which is guaranteed to every citizen under our Constitution and laws, consists of the right of locomotion - to go where one pleases, and when, and to do what may lead to one’s business or pleasure, only so far restrained as the rights of others may make necessary for the welfare of all other citizens.
One may travel along the public highways or in public places. *** These are rights which existed long before our [their Federal] Constitution, and we have taken just pride in their maintenance, making them a part of the fundamental law of the land. Pinkerton v. Verberg, 78 Mich. 573, 584, 44 N.W. 579 (1889).
There now exists policies/laws that attempt to prohibit travel in the several states that attempt to prohibit travel by way of “driver’s licenses” and taxes, along with other quasi-State laws.
The two rights of liberty and property which are taken for granted, are extremely important rights and when claimed and asserted should not be taken lightly by the courts.
This court has consistently held to the view that liberty of the person and the right to the control of one’s own property are very sacred rights which should not be taken away or withheld except for very urgent reasons. In re Guardianship of Collition, 164 N.W. 2d 480, 483; 41Wis. 2d 487 (1969).
Since the Governors Convention on March 6, 1933 and the bankruptcy of this Nation by the infamous Franklin D. Roosevelt on March 9, 1933, the States have come increasingly more and more aggressive in controlling the people and their property, and these States will now not tolerate anyone traveling in their domain without their permission, i.e. license. Just a short time after this bankruptcy, on April 21, 1933, the license law was passed, but not enforced....?
When government passes an unlawful act, such as the licensing of a right, people need to know they have no obligation to obey it, for it is void from the time it was enacted:
An unconstitutional legislative enactment, through law in form, is in fact not law at all. It confers no rights; it imposes no duties; it affords no protection; it is in legal contemplation as inoperative as though it had never been passed. Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); Norton v. Shelby County, 118 U.S. 425, 442.
Where the people remain ignorant of the law, they will be in bondage. Quoting Thomas Jefferson: “If a people expects to be ignorant and free, they expect what never was and never will be.”
The following maxim was often cited in early America to guard against this problem:
That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice and virtue, and by a frequent recurrence to fundamental principles. See, Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); Norton v. Shelby County, 118 U.S. 425, 442.
Defendant claims all God given Natural Rights and asserts these inherited rights that are unalienable reinforced in “The Declaration of Independence” (1776), where the defendant does not descend from, here, now, and in the future, knowingly or unknowingly.
Status, and Alliance of Administrators of this Legislative Tribunal/Court:
The acting members/officers doing business in this instant matter have taken an “Oath of Office,” an alliance, The Constitution for the United States of America, Preamble (1787). Thus, it is these instruments (along with social and moral obligations) that are first and foremost duty to uphold. Therefore the Defendant will hold these representatives/officers/employees/trustees to their Oaths and/or alliances].
Argument
One of the rights involved in this matter is liberty, the liberty belonging to Defendant, which are fundamental and inalienable rights. They cannot be destroyed or diminished by legislative acts, or failure to act.
Those acting in government cannot override constitutional law, i.e. The Bill of Rights, at defiance by lightly passing over the peoples rights to liberty which is so deeply imbedded in God given Rights and your constitutions.
The right of liberty encapsulates the right of locomotion or travel is basic and obvious. The establishment and understanding of this liberty, as it applies to the defendant, is of paramount importance in making a decision in this matter. The “Liberty” claimed here includes the Aright to travel.” This “Right to Travel,” however, is not created by the Constitution but rather by the Union, which your alliance to the Constitution protects.
Right to Use Roads and Highways.
The first issue that must be established is what is the nature of a public road or highway, and what are the rights of the defendant thereon. All of your authorities agree that the use of roadways for ordinary travel is a basic and fundamental right:
A highway is a way over which the public have a free right of passage. Yale University v. City of New Haven, 104 Conn. 610; 134 Atl. 268, 271.
The essential features of a highway is that it is a way over which the public at large has he right to pass. State v. Pierson, 2 Conn. Cir. 660; 204 A.2d 838.
This right pf the people is in the street and highways of the state, whether inside or outside the municipalities thereof, is a paramount right. Light & Coke v. City of Chicago, N.E.2d 777, 781; 413 Ill. 457 (1952).
It is well settled that the public are entitled to a free passage along the highway. Michelson v. Dwyer, 63 N.W.2d 513, 517; 158 Neb. 427 (1954).
Our society is built in part upon free passage of men and goods, and the public streets and highways may rightfully be used for travel by everyone. Hanson v. Hall, 202 Minn. 381, 383.
Public ways, as applied to ways by land, are usually termed “highways” or “public roads,” are such ways as every citizen has a right to use. Kripp v. Curtis, 11 P. 879; 71 Cal. 62
A highway includes all public ways which the public generally has a right to use for passage and traffic, and includes streets in cities, sidewalks, turnpikes and bridges. Central Ill. Coal Mining Co. v. Illinois Power Co., 249 Ill. App.199.
Our courts has stressed he basic right of the transient public and abutting property owners to the free passage of vehicles on public highways and the paramount function of travel as overriding all other subordinate uses of our streets. State v. Perry, 269 Minn. 204, 206
A highway is a public road, which every citizen of the state has a right to use for the purpose of travel. Shelby County Com’rs v. Castetter, 33 N.E. 986, 987, 7 Ind. App. 309; Spindler v. Toomey, 111 N.E. 2nd 715, 716 (Ind.-1963).
The public have a right of free and unobstructed transit over streets, sidewalks and alleys, and this is the primary appropriate use to which they are generally dedicated. Pugh v. City, 176 Iowa 593, 599, 156 N.W. 892, 894.
It is well settled law that every member of the public has a right to use the public roads in a reasonable manner for the promotion of his health and happiness. Sumner v. County v. Interurban Transp. Co., 141 Tenn. 493 500.
A highway is a road or way upon which all persons have a right to travel at pleasure. It is the right of all persons to travel upon a road. Gulf & S.I.R. Co. v Adkinson, 77 So. 954, 955; 117 Miss. 118.
HIGHWAY.-A free and public road, way, or street; one which every person has the right to use. Black’s Law Dictionary, 2d Ed. (1910), p. 571
The right to travel over a street or highway is a primary absolute right of everyone. Foster’s Inc. v. Boise City, 118 P.2d 721, 728
A right is a passage, road or street which every citizen has a right to use. Ohio, Indiana, & W. Ry. Co. v. People, 39 Ill. App. 473.
Highways are public roads, which every citizen has a right to use. Wild v. Deig, 43 Ind. 455, 458; 13 Am. Rep. 399.
The courts of this land have repeatedly and consistently concurred on the fact that the people have a right to travel on the public roads and highways of this country. But the nature of this right must be determined. What type of right is it questioned here? It is only a statutory right or an inherent right? The cases cited indicate that it is a fundamental, inalienable, inherent and constitutional right. Other authorities verify this to be true:
It is settled that the streets of a city belong to the people of a state and the use thereof is an inalienable right of every citizen of the state. Whyte v. City of Sacramento, 65 Cal. App. 534, 547, 224 Pac. 1008, 1013 (1924); Escobedo v. State Dept. of Motor Vehicles (1950), 222 Pac. 2d 1, 5, 35 Cal.2d 870 (1950).
The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. Thompson v. Smith, 154 S.E. 579, 583 (Va.-1930).
This right of the people to the use of the public streets of a city is so well established and so universally recognized in this country, that it has become a part of the alphabet of fundamental rights of the citizen. Swift v. City of Topeka, 23 Pac. 1075,1076, 43 Kansas 671, 674.