Wednesday, October 28, 2015

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Monday, October 26, 2015

U.S. SUPREME COURT AND OTHER HIGH COURT CITATIONS PROVING THAT NO LICENSE IS NECESSARY FOR NORMAL USE OF AN AUTOMOBILE ON COMMON WAYS

Guess What the Supreme Court Has Ruled On????
“The right of a 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 a common right which he has under his right to life, liberty and the pursuit of happiness. Under this constitutional guaranty 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.”
Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135 “The right of the 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 the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business.” –
Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784 “… the right of the citizen to drive on a public street with freedom from police interference… is a fundamental constitutional right” -White, 97 Cal.App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979) “citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.”
Caneisha Mills v. D.C. 2009 “The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the RIGHT to use an automobile on the public highways partakes of the nature of a liberty within the meaning 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 right to operate a motor vehicle [an automobile] upon the public streets and highways is not a mere privilege. It is a right of liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions.”
Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966). “A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use.”
Campbell v. Walker, 78 Atl. 601, 603, 2 Boyce (Del.) 41. “The owner of an automobile has the same right as the owner of other vehicles to use the highway,* * * A traveler on foot has the same right to the use of the public highways as an automobile or any 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 public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.” People v. Horton 14 Cal. App. 3rd 667 (1971) “The right to make use of an automobile as a vehicle of travel long the highways of the state, is no longer an open question. The owners thereof have the same rights in the roads and streets as the drivers of horses or those riding a bicycle or traveling in some 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 be used with safety to others users of the highway, and in its proper use upon the highways there is an equal right with the users of other vehicles properly upon the highways. The law recognizes such right of use upon general principles.
Brinkman v Pacholike, 84 N.E. 762, 764, 41 Ind. App. 662, 666. “The law does not denounce motor carriages, as such, on public ways. They have an equal right with other vehicles in common use to occupy the streets and roads. It is improper to say that the driver of the horse has rights in the roads superior to the driver of the automobile. Both have the right to use 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 and Share Freely YHVH.name 2 2 “A highway is a public way open and free to any one who has occasion to pass along it on foot or with any kind of vehicle.” Schlesinger v. City of Atlanta, 129 S.E. 861, 867, 161 Ga. 148, 159;
Holland v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831, 838, 136 Conn. 670 “There can be no question of the right of automobile owners to occupy and use the public streets of cities, or highways in the rural districts.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456 “The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons on highways.”
-American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200 Motor Vehicle: 18 USC Part 1 Chapter 2 section 31 definitions: “(6) Motor vehicle. – The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways…” 10) The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. “A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received.”
-International Motor Transit Co. vs. Seattle, 251 P. 120 The term ‘motor vehicle’ is different and broader than the word ‘automobile.’”
-City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232 “Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled” – Ex Parte Hoffert, 148 NW 20 ”
The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.”
Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907). “…a citizen has the right to travel upon the public highways and to transport his property 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 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.”
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 right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business… is the usual and ordinary right of the Citizen, a right common to all.” –
Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781 “Every Citizen has an unalienable RIGHT to make use of the public highways of the state; every Citizen has full freedom to travel from place to place in the enjoyment of life and liberty.” People v. Nothaus, 147 Colo. 210. “No State government entity has the power to allow or deny passage on the highways, byways, nor waterways… transporting his vehicles and personal property for either recreation or business, but by being subject only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Travel is not 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 not a crime.” People v. Battle “Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right… may ignore the law and engage with impunity in exercise 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 and Share Freely YHVH.name 3 “The word ‘operator’ shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation.”
Statutes at Large California Chapter 412 p.83 “Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen.”
Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27 “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. . . “ Bouvier’s Law Dictionary, 1914, p. 2961. “Those who 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 51 NE 907, 910. “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. “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 court makes it clear that a license relates to qualifications to engage in profession, business, trade or calling; thus, when merely traveling without compensation or profit, outside of business enterprise or adventure with the corporate state, no license is required of the natural individual traveling for personal business, pleasure and transportation.”
Wingfield v. Fielder 2d Ca. 3d 213 (1972). “If [state] officials construe a vague statute unconstitutionally, the citizen may take them at their word, and act on the assumption that the statute is void.” –
Shuttlesworth v. Birmingham 394 U.S. 147 (1969). “With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police 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 right to travel (called the right of free ingress to other states, and egress from them) is so fundamental that it appears in the Articles of Confederation, which governed our society before the Constitution.”
(Paul v. Virginia). “[T]he right to travel freely from State to State … is a right broadly assertable against private interference as well as governmental action. Like the right of association, it is a virtually unconditional personal right, guaranteed by the Constitution to us all.” (U.S. Supreme Court,
Shapiro v. Thompson). EDGERTON, Chief Judge: “Iron curtains have no place in a free world. …’Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the Constitution.’
Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186. “Our nation has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases.” Id., at 197.
Kent vs. Dulles see Vestal, Freedom of Movement, 41 Iowa L.Rev. 6, 13—14. “The validity of restrictions on the freedom of movement of particular individuals, both substantively and procedurally, is precisely the sort of matter that is the peculiar domain of the courts.” Comment, 61 Yale L.J. at page 187. “a person detained for an investigatory stop can be questioned but is “not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest.”Justice White, Hiibel “Automobiles have the right to use the highways of the State on an equal footing with other vehicles.”
Cumberland Telephone. & Telegraph Co. v Yeiser 141 Kentucy 15. “Each citizen has the absolute right to choose for himself the mode of conveyance he desires, whether it be by wagon or carriage, by horse, motor or electric car, or by bicycle, or astride of a horse, subject to the sole condition that he will observe all those requirements that are known as 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 and Share Freely YHVH.name 4 Kansas 671, 674. The Supreme Court said in U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is not a “statute.” A traveler on foot has the same right to use of the public highway as an automobile or any other vehicle.
Cecchi v. Lindsay, 75 Atl. 376, 377, 1 Boyce (Del.) 185. Automotive vehicles are lawful means of conveyance and have equal rights upon the streets with horses and 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 and have equal rights on the highways with horses and carriages. Daily v. Maxwell, 133 S.W. 351, 354.
Matson v. Dawson, 178 N.W. 2d 588, 591. A farmer has the same right to the use of the highways of the state, whether on foot or in a motor vehicle, as any other citizen.
Draffin v. Massey, 92 S.E.2d 38, 42. Persons may lawfully ride in automobiles, as 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 part of his ‘household goods[.]’
U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235” 19A Words and Phrases – Permanent Edition (West) pocket part 94. “[I]t is a jury question whether … an automobile … is a motor vehicle[.]”
United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983). Other right to use an automobile cases: –
EDWARDS VS. CALIFORNIA, 314 U.S. 160 –
TWINING VS NEW JERSEY, 211 U.S. 78 – WILLIAMS VS. FEARS, 179 U.S. 270, AT 274 – CRANDALL VS. NEVADA, 6 WALL. 35, AT 43-44 – THE PASSENGER CASES, 7 HOWARD 287, AT 492 – U.S. VS. GUEST, 383 U.S. 745, AT 757-758 (1966) –
GRIFFIN VS. BRECKENRIDGE, 403 U.S. 88, AT 105-106 (1971) –
CALIFANO VS. TORRES, 435 U.S. 1, AT 4, note 6 –
SHAPIRO VS. THOMPSON, 394 U.S. 618 (1969) – CALIFANO VS.
AZNAVORIAN, 439 U.S. 170, AT 176 (1978) Look the above citations up in American Jurisprudence. Some citations may be paraphrased.

Saturday, October 24, 2015

Thursday, October 22, 2015

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Thursday, August 25, 2011

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Wednesday, May 25, 2011

NATO: A Feast of Blood

NATO: A Feast of Blood

While serving on the House International Relations Committee from 1993 to 2003, it became clear to me that the North Atlantic Treaty Organization (NATO) was an anachronism. Founded in 1945 at the end of World War II, NATO was founded by the United States in response to the Soviet Union's survival as a Communist state. NATO was the U.S. insurance policy that capitalist ownership and domination of European, Asian, and African economies would continue. This also would ensure the survival of the then-extant global apartheid.


NATO is a collective security pact wherein member states pledge that an attack upon one is an attack against all. Therefore, should the Soviet Union have attacked any European Member State, the United States military shield would be activated. The Soviet Response was the Warsaw Pact that maintained a "cordon sanitaire" around the Russian Heartland should NATO ever attack. Thus, the world was broken into blocs which gave rise to the "Cold War."


Avowed "Cold Warriors" of today still view the world in these terms and, unfortunately, cannot move past Communist China and an amputated Soviet Empire as enemy states of the U.S. whose moves any where on the planet are to be contested. The collapse of the Soviet Union provided an accelerated opportunity to exert U.S. hegemony in an area of previous Russian influence. Africa and the Eurasian landmass containing former Soviet satellite states and Afghanistan and Pakistan along with the many other "stans" of the region, have always factored prominently in the theories of "containment" or "rollback" guiding U.S. policy up to today.


With that as background, last night's NATO rocket attack on Tripoli is inexplicable. A civilian metropolitan area of around 2 million people, Tripoli sustained 22 to 25 bombings last night, rattling and breaking windows and glass and shaking the foundation of my hotel.


I left my room at the Rexis Al Nasr Hotel and walked outside the hotel and I could smell the exploded bombs. There were local people everywhere milling with foreign journalists from around the world. As we stood there more bombs struck around the city. The sky flashed red with explosions and more rockets from NATO jets cut through low cloud before exploding.


I could taste the thick dust stirred up by the exploded bombs. I immediately thought about the depleted uranium munitions reportedly being used here--along with white phosphorus. If depleted uranium weapons were being used what affect on the local civilians?


Women carrying young children ran out of the hotel. Others ran to wash the dust from their eyes. With sirens blaring, emergency vehicles made their way to the scene of the attack. Car alarms, set off by the repeated blasts, could be heard underneath the defiant chants of the people.


Sporadic gunfire broke out and it seemed everywhere around me. Euronews showed video of nurses and doctors chanting even at the hospitals as they treated those injured from NATO's latest installation of shock and awe. Suddenly, the streets around my hotel became full of chanting people, car horns blowing, I could not tell how many were walking, how many were driving. Inside the hotel, one Libyan woman carrying a baby came to me and asked me why are they doing this to us?


Whatever the military objectives of the attack (and I and many others question the military value of these attacks) the fact remains the air attack was launched a major city packed with hundreds of thousands of civilians.


I did wonder too if the any of the politicians who had authorized this air attack had themselves ever been on the receiving end of laser guided depleted uranium munitions. Had they ever seen the awful damage that these weapons do a city and its population? Perhaps if they actually been in the city of air attack and felt the concussion from these bombs and saw the mayhem caused they just might not be so inclined to authorize an attack on a civilian population.


I am confident that NATO would not have been so reckless with human life if they had called on to attack a major western city. Indeed, I am confident that would not be called upon ever to attack a western city. NATO only attacks (as does the US and its allies) the poor and underprivileged of the 3rd world.


Only the day before, at a women's event in Tripoli, one woman came up to me with tears in her eyes: her mother is in Benghazi and she can't get back to see if her mother is OK or not. People from the east and west of the country lived with each other, loved each other, intermarried, and now, because of NATO's "humanitarian intervention," artificial divisions are becoming hardened. NATO's recruitment of allies in eastern Libya smacks of the same strain of cold warriorism that sought to assassinate Fidel Castro and overthrow the Cuban Revolution with "homegrown" Cubans willing to commit acts of terror against their former home country. More recently, Democratic Republic of Congo has been amputated de facto after Laurent Kabila refused a request from the Clinton Administration to formally shave off the eastern part of his country. Laurent Kabila personally recounted the meeting at which this request and refusal were delivered. This plan to balkanize and amputate an African country (as has been done in Sudan) did not work because Kabila said "no" while Congolese around the world organized to protect the "territorial integrity" of their country.


I was horrified to learn that NATO allies (the Rebels) in Libya have reportedly lynched, butchered and then their darker-skinned compatriots after U.S. press reports labeled Black Libyans as "Black mercenaries." Now, tell me this, pray tell. How are you going to take Blacks out of Africa? Press reports have suggested that Americans were "surprised" to see dark-skinned people in Africa. Now, what does that tell us about them?


The sad fact, however, is that it is the Libyans themselves, who have been insulted, terrorized, lynched, and murdered as a result of the press reports that hyper-sensationalized this base ignorance. Who will be held accountable for the lives lost in the bloodletting frenzy unleashed as a result of these lies?


Which brings me back to the lady's question: why is this happening? Honestly, I could not give her the educated reasoned response that she was looking for. In my view the international public is struggling to answer "Why?".


What we do know, and what is quite clear, is this: what I experienced last night is no "humanitarian intervention."


Many suspect it is about all the oil under Libya. Call me skeptical but I have to wonder why the combined armed sea, land and air forces of NATO and the US costing billions of dollars are being arraigned against a relatively small North African country and we're expected to believe its in the defense of democracy.


What I have seen in long lines to get fuel is not "humanitarian intervention." Refusal to allow purchases of medicine for the hospitals is not "humanitarian intervention." What is most sad is that I cannot give a cogent explanation of why to people now terrified by NATO's bombs, but it is transparently clear now that NATO has exceeded its mandate, lied about its intentions, is guilty of extra-judicial killings--all in the name of "humanitarian intervention." Where is the Congress as the President exceeds his war-making authority? Where is the "Conscience of the Congress?"



For those of who disagree with Dick Cheney's warning to us to prepare for war for the next generation, please support any one who will stop this madness. Please organize and then vote for peace. People around the world need us to stand up and speak out for ourselves and them because Iran and Venezuela are also in the cross-hairs. Libyans don't need NATO helicopter gunships, smart bombs, cruise missiles, and depleted uranium to settle their differences. NATO's "humanitarian intervention" needs to be exposed for what it is with the bright, shining light of the truth.


As dusk descends on Tripoli, let me prepare myself with the local civilian population for some more NATO humanitarianism.


Stop bombing Africa and the poor of the world!

Sunday, April 17, 2011

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