- Public Vehicular Travel "As A Matter of Right" -

“Federal law & Supreme Court cases apply to state court cases.”
Howlett v. Rose, 496 U.S. 356 (1990)

“No state shall convert a liberty into a license, and charge a fee therefore.”
Murdock v. Pennsylvania, 319 U.S. 105

“The right to travel is so fundamental that it appears in the Articles of Confederation, which
governed our society before the Constitution.”
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 object of a license is to confer a right or power, which does not exist without it.”
Blatz Brewing Co. v. Collins, 160 P.2d 37, 39; 69 Cal. A. 2d 639.

"A license is a privilege granted by the state" and "cannot possibly exist with reference to
something which is a Right...to ride and drive over the streets".
City of Chicago v Cullens, et al, 51 N.E. 907, 910, etc. (1906)

“Statutes that violate the plain and obvious principles of common Right and common reason are
null and void.”
Bennett v. Boggs, 1 Baldw 60

“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.”
Wingfield v. Fielder 2d Ca. 3d 213 (1972).

“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.”
People v. Battle

"A person faced with such an unconstitutional licensing law may ignore it and engage with
impunity in the exercise of the right of free expression for which the law purports to require a
license."
Shuttlesworth v. Birmingham, 394 U.S. 147, 89 S. Ct. 935, 22 L. Ed. 2d 162 (1969); Lovell v.
Griffin, 303 U.S. at 452-453, 58 S. Ct. at 669 (1938); Schneider v. State, 308 U.S. at 159, 165,
60 S. Ct. at 149, 152 (1939); Staub v. Baxley, 355 U.S. at 319, 78 S. Ct. at 280 (1969);
Freedman v. Maryland, 380 U.S. 51, 56-57, 85 S. Ct. 734, 737-738, 13 L. Ed. 2d 649 (1965).

“If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee
and engage in the right (liberty) with impunity.”
Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262 (1963)

"Where rights secured by the Constitution are involved, there can be no rule making or
legislation which would abrogate them."
Miranda vs. Arizona, 384 US 436, 491

"The State cannot diminish rights of the people."

Hertado v. California, 110 U.S. 516.

"The claim and exercise of a constitutional Right cannot be converted into a crime."
Miller vs. U.S., 230 F. 486, 489

"There can be no sanction or penalty imposed upon one because of this exercise of
Constitutional rights."- Sherar v. Cullen, 481 F. 2d 945.

"The streets of a city belong to the people of the state, and the use thereof is an inalienable right
of every citizen..."
19 Cal.Jur. 54, § 407.

“The right to travel is a well-established common right that does not owe its existence to the
federal government. It is recognized by the courts as a natural right.”
Schactman v. Dulles 96 Appellate DC 287, 225 F2d 938, at 941.

“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.”
Shuttlesworth v. Birmingham 394 U.S. 147 (1969).

“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.”
Bouvier’s Law Dictionary, 1914, p. 2961

“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.“
Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27

“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. . .”
Caneisha Mills v. D.C. 2009

----
"​Personal liberty​, or the right to the enjoyment of life and liberty, is one of the fundamental or
natural rights, which has been protected by its inclusion as a guaranty in the various
constitutions, which is not derived from, or dependent on, the federal Constitution, and which
may not be submitted to a vote and may not depend on the outcome of an election. It is one of
the most sacred and valuable rights; as sacred as the right of private property; or as occupying
a preferred position as contrasted with property rights; and is regarded as inalienable."
16 C.J.S., Constitutional Law, § 202, p. 987: (Corpus Juris Secundum)

"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 a citizen to travel upon the public highways and to transport his
property thereon, by horse-drawn 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."
II Am.Jur. (1st) Constitutional Law, § 329, p.1135 (American Juris Prudence)

"​Personal liberty​ - Consists of the power of locomotion, of changing situations, of removing

one's person to whatever place one's inclination may direct, without imprisonment or restraint
unless by due process of law."
Bovier's Law Dictionary, 1914 ed., Black's Law Dictionary 5th ed. Blackstone's Commentary
134; Hare Constitution, Pg. 777
----

“Men are endowed by their Creator with certain unalienable rights, ‘life, liberty, and the pursuit of
happiness;’ and to ‘secure,’ not grant or create, these rights, governments are instituted. That
property [or income] which a man has honestly acquired he retains full control of. . .”
Budd v. People of State of New York, 143 U.S. 517 (1892)

"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..."
Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784 (1943).

"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?1; Ligare vs. Chicago, 28 NE 934; Boon vs.
Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163
"The right to operate a motor vehicle upon the public streets and highways is not a mere
privilege, it is a right or 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.

"It cannot be gainsaid that 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."
Elrod v. Burns, 427 U.S. 347, 373, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976)

“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.”
Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236.

“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.”
Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966).

“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. . .”
Caneisha Mills v. D.C. 2009

Article II, Section 3 of the constitution provides that: "All persons have certain natural, essential
and inalienable rights, among which may be reckoned the right * * * of acquiring, possessing
and protecting property; * * *" A motor vehicle is property and a person cannot be deprived of
property without due process of law. The term property within the meaning of the due process
clause, includes the right to make full use of the property which one has the inalienable right to
acquire.
[2-3] Every citizen has an inalienable 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, 214

I AM A MEMBER OF THE PUBLIC. I BELIEVE I HAVE THIS RIGHT.

Florida § 633.021 Definitions:

(14) "Highway" means every way or place of whatever nature within the state open to the
use of the public, as a matter of right, for purposes of vehicular traffic and includes public
streets, alleys, roadways, or driveways upon grounds of colleges, universities, and institutions
and other ways open to travel by the public...

Florida § 633.102 Definitions:

(16) “Highway” means every way or place of whatever nature within the state open to the
use of the public, as a matter of right, for purposes of vehicular traffic and includes public
streets, alleys, roadways, or driveways upon grounds of colleges, universities...

Arizona - § 42 5062(A): 5
"Public highway" means any way or place in this state that is constructed or maintained
with public monies and that is open to use by the public, as a matter of right, for the purpose of
vehicular travel, including a highway under construction.

Colorado - § 33-14-101. Definitions:

(12) "Street", "road", "freeway", or "highway" means the entire right-of-way between
boundary lines of any of such public ways when any part thereof is open to the use of the public,
as a matter of right, for the purpose of motor vehicle travel.

Colorado - § 155-3. Definitions:

"Public Right-of-Way" All streets, roadways, sidewalks, alleys and all other areas
reserved for present or future use by the public, as a matter of right, for the purpose of vehicular
or pedestrian travel, utility installation and for snow storage by the Town of Frisco.
[Amended 5-2-1989 by Ord. No. 89-16]

Delaware - Title 21, Part I, Ch.1 General Provisions, § 101. Words and phrases.
(22) "Highway" means the entire width between boundary lines of every way or place of
whatever nature open to the use of the public, as a matter of right, for purposes of vehicular
travel...

Iowa § 321G.1 Definitions:

20. "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 travel, except in public areas in which the boundary shall be
thirty-three feet each side of ...

Idaho - § 49.301
(13) 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.

Idaho - § 63-2401. Definitions

(12) "Highways" means every place of whatever nature open to the use of the public, as a
matter of right, for the purpose of vehicular travel which is maintained by the state of Idaho...
New Mexico - State v. Roddy Brennan, 1998-NMCA-176, filed 10/22/98 NM Ct. of Appeals:
"Highways as defined in the Motor Vehicle Code include "every way or place generally
open to the use of the public, as a matter of right, for the purpose of vehicular travel."
Minnesota § 169.01 Definitions.
"Street or highway" means the entire width between boundary lines of any way or place
when any part thereof is open to the use of the public, as a matter of right, for the purposes of
vehicular traffic.

New York state - Article 21 General Provisions: § 21.05 Definitions.

9. "Highway" shall mean the entire width between the boundary lines of any way or place
thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.

North Carolina § 20-4.01(13)

"Highway" is defined as "the entire width between property or right-of-way 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 the purposes of vehicular traffic. The terms "highway" and "street" and their
cognates are synonymous.

Oregon Vehicle Code § 801.305

"Highway" means every public way, road, street, thoroughfare and place, including
bridges, viaducts and other structures within the boundaries of this state, open, used or
intended for use of the general public, for vehicles or vehicular traffic, as a matter of right.

Pennsylvania § 75 Pa.C.S.A. §3101 and 75 Pa.C.S.A. §102.

"Trafficway. The entire width between property lines or other boundary lines of every
way or place which is open to the public, for purposes of vehicular travel, as a matter of right or
custom."

Texas § 114.001. Definitions:

(5) "Public highway" means a way or place of whatever nature open to the use of the
public, as a matter of right, for the purpose of vehicular travel, even if the way or place is
temporarily closed for the purpose of construction, maintenance, or repair.

South Dakota § 32-14-1. Terms used in chapters 32-14 to 32-19 inclusive mean:
(11) "Highway" the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public, as a matter of right, for purposes of
vehicular travel.

Utah - § 23-13-2 & R657-5-2 & § 41-6a-102. Under Definitions: (20)

(6) "Highway" means the entire width between property lines of every way or place of
any nature when any part of it is open to the use of the public, as a matter of right, for vehicular
travel.
Utah - § 16-2-1. Definitions:
(1) "Roadway" or "Street" means the entire width between property lines of every way or
place of any nature when any part of it is open to the use of the public, as a matter of right, for
vehicular traffic.

Wisconsin 340.01 (22) "Highway"

Means all public ways and thoroughfares and bridges on the same. It includes the entire
width between the boundary lines of every way open to the use of the public as a matter of right
for the purposes of vehicular travel.

Nebraska Revised Statutes: Section 39-741, 1943

" '(5) The term "highway" includes every way or place of whatever nature open to the use of the
public, as a matter of right, for the purposes of vehicular travel, but shall not be deemed to
include a roadway or driveway upon grounds owned by private persons, colleges, universities or
other institutions.'"

Municipal Code in other states:

Santa Barbara County, CA § 9.04.030 Definitions.

F. "Street." A way or place, of whatever nature, open to the use of the public, as a matter
of right, for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian
travel.

City of Glendale, CA - § 9.04.030 Definitions.

"Street" means a way or place, of whatever nature, open to the use of the public, as a
matter of right, for vehicular travel or, in the case of a sidewalk, for pedestrian travel.

Park County, CO - § 4-200B Definitions.

Right-of-way: All streets, roadways, sidewalks, alleys, and all other areas reserved for
present or future use by the general public, as a matter of right, for the purpose of vehicular or
pedestrian travel...

Brighton, CO - § IX, Subdivision Regulations, § VI Definitions. B.

Right-of-Way, Public. All streets, roadways, bikeways, sidewalks, alleys, and all other
areas reserved for present or future use by the public, as matter of right, for the purpose of
vehicular or pedestrian travel.

Blanca, CO - Article I. In General, § 1-1. Definitions.

Right-of-way, public shall mean all street, roadways, sidewalks, alleys and all other
areas reserved for present or future use by the public, as a matter of right, for the purpose of
vehicular or pedestrian travel.
Dillon, CO - § 8-3-20. Definitions
Street, road or highway means the entire right-of-way between boundary lines of any
such public ways when any part thereof is open to the use of the public, as a matter of right, for
the purposes of motor vehicle travel.

Pueblo, CO - § 17.04.040 Definitions

"Right-of-Way, Public" means all streets, roadways, sidewalks, alleys, and all other areas
reserved for present or future use by the public, as a matter or right, for the purpose of vehicular
or pedestrian travel.

Boise, ID - § 10-01-01 Definitions of words and phrases:

Street or Highway: The words "Street or Highway" shall be used interchangeably and
shall mean the entire width between the boundary lines of every way or place open to the
public, as a matter of right, for public vehicular travel but not to include alleys.

Haley, ID - § 9.08.010 Definitions.

A. "Streets" means a way or place, of whatsoever nature, open to the use of the public,
as a matter of right, for purposes of vehicular travel.

Haley, ID - § 10.24.020 Definitions.

"Highway" means any way or place of whatever nature open to the use of the public, as
a matter of right, for the purposes of vehicular travel or parking of motor vehicles which is
maintained by the state or some taxing subdivision or unit thereof...

Topeka, KS - Ordinance 19989 - Article 1 - Definitions:

Highway. Every way or place of whatever nature open to the use of the public as a
matter of right for the purpose of vehicular travel.

Ramsey, MN - § 6.04.03 Definitions:

"Street or Highway" shall mean the entire width between boundary lines of any way or
place when any part thereof is open to the use of the public, as a matter of right, for the purpose
of vehicular traffic (includes the right-of-way or boulevard).

Rochester, MN - City Ordinances - Chapter 134 - 134.01 Definitions: Subd. 23.

"Street or Alley" means the entire width between boundary lines of any way or place
when any part thereof is open to the use of the public, as a matter of right, for purposes of
vehicular traffic. The term "street" specifically includes highway.

Diamondhead, MS - Ordinance No.2013-039 Definitions:

(39) "Street" means a way or place, of whatsoever nature, open to the use of the public
as a matter of right for the purposes of vehicular travel.

Minden, NE - Article IV - Sec 50-53 Definitions:

 "Street" is a way or place of whatsoever nature open to the use of the public as a matter
of right for purposes of vehicular travel...

Clark County, NV - § 5.02.010 Definitions:

(39) "Street" means the surface, the air space above the surface and the area below the
surface of the full width of the right-of-way, including sidewalks and thoroughfares, places or
ways of any kind used by the public or open to the public, as a matter of right, for the purposes
of vehicular traffic or vehicular and pedestrian traffic.

Allentown, PA - Codified Ordinances - Part 5- Title 3 - Article 527.01 Definitions:

1. "Street"means every way or place of whenever nature, within the City, open to the use
of the public as a matter of right, for purpose of vehicular travel

West Earl Township, PA - Code of Township of West Earl - Part II

General Legislation - Chapter 78 § 78-3. Definitions:
B. Street - A way of place, of whatever nature, open to the use of the public as a matter
of right for purposes of vehicular travel...

Lindon, UT - § 9.22.020 Definitions:

As a type of public place, a street is a way or place, of whatever nature, open to the use
of the public, as a matter of right, for purposes of vehicular travel or in the case of a sidewalk
thereof for pedestrian travel.

Revised Code of Washington 36.75.010 - Definitions

(11) "Highway," every way, lane, road, street, boulevard, and every way or place in the state of
Washington, open as a matter of right to public vehicular travel both inside and outside the limits
of incorporated cities and towns;

U.S. Supreme Court decisions:

"Where rights secured by the Constitution are involved, there can be no rule making or
legislation which would abrogate them."
Miranda vs. Arizona, 384 US 436, 491

"The State cannot diminish rights of the people."

Hertado v. California, 110 U.S. 516.

"The claim and exercise of a constitutional Right cannot be converted into a crime."
Miller vs. U.S., 230 F. 486, 489
"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 Fourteenth Amendment and by other
provisions of the Constitution."
Williams v. Fears, 343 U.S. 270, 274

A citizen may have, under the Fourteenth Amendment, the right to travel and transport his
property upon them by auto vehicle. But he has no right to make the highways his place of
business by using them as a common carrier for hire. Such use is a privilege which may be
granted or withheld by the state in its discretion, without violating either the due process clause
or the equal protection clause.
Packard v. Banton, 264 U.S. 140, 144[.] and Buck v. Kuykendall, 267 U.S. 307, 314 (1925).

"The assertion of federal rights, when plainly and reasonably made, is not to be defeated under
the name of local practice."- Davis v. Wechsler, 263 U.S. 22, 24.

“The right to travel is a part of the liberty of which the citizen cannot be deprived without due
process of law under the 5th Amendment.”
Kent v Dulles, 357 U.S. 116, 125.

40.01 (22) of the [Wisconsin]Vehicle Code which, in its definitions of words and phrases, states:
"`Highway' means all public ways and thoroughfares and bridges on the same. It includes the
entire width between the boundary lines of every way open to the use of the public as a matter
of right for the purposes of vehicular travel...."
Weiss v. Holman, 207 NW 2d 660 - Wis: Supreme Court 1973

Sec. 12-465. Definitions

"Public highways' includes every way or place generally open to the use of the public as a
matter of right for the purposes of vehicular travel....
Wamphassuc Pt. Prop. Owners Assn. v. Public Utilities Commission, 154 Conn. 674 - Conn:
Supreme Court 1967

Sec 75-1102, subd. C is a portion of the Motor Fuel Tax Law, public highways are defined as:
"The term `public highways' shall mean and include every way or place of whatever nature,
generally open to the use of the public as a matter of right, for the purposes of vehicular travel,
and notwithstanding that the same may be temporarily closed for the purpose of construction,
reconstruction, maintenance or repair." Identical provision also appears in Section 75-1201(c).
Camden v. Harris, 109 F. Supp. 311 - U.S. Dist. Court, WD Arkansas 1953

"Although "highway" has a broad meaning (basically including any street, city or rural), the
purposes of a highway, as used in the statutory definition, are limited. In defining highway, the
statute refers to "every way open to the use of the public as a matter of right for the purposes of
vehicular travel. It includes those roads ... opened to the use of the public for the purpose of
vehicular travel." Wis.Stat. § 340.01(22)
Schultz v. Frisby, 807 F. 2d 1339 - U.S. Court of Appeals, 7th Circuit 1986

"We hold, therefore, that a random stop of a motorist in the absence of specific articulable facts
which justify the stop by indicating a reasonable suspicion that a violation of the law has
occurred is constitutionally impermissible and violative of the Fourth and Fourteenth
Amendments to the United States Constitution. It follows that a random stop solely for the
purpose of a documents check is an unreasonable and unconstitutional detention of those in the
stopped vehicle..."
STATE v. PROUSE 382 A.2d 1359, 1364 (Del. 1978)

The right to travel means, of course, the right to go from one place to another. It includes the
right (1) to start, (2) to go forward on the way, and (3) to stop when the traveler's destination has
been reached. To speak to the first two of these as fundamental rights without including the third
would be to descend again to the absurd, and so far as the instant case is concerned that is
what we have here. But we do not so limit the right. We affirm that it includes the right to stop on
the way, temporarily, for a legitimate or necessary purpose when that purpose is an immediate
incident to travel. So it is that the texts and authorities declare that the right to stop when the
occasion demands is an incident to the right to travel, a proposition so completely self-evident
that no authority is necessary to sustain it, and which we would pronounce irrefutable, had it
never heretofore been mentioned.
2 Blashfield Automobile Law, Perm. Ed., sec. 1191, p. 321; Fulton v. Chouteau County Farmers'
Co., 98 Mont. 48, 37 P.2d 1025; Morton v. Mooney, 97 Mont. 1, 33 P.2d 262, 263; Albrecht v.
Waterloo Const. Co., 218 Iowa, 1205, 257 N.W. 183.

The RIGHTS aforesaid, being fundamental, are constitutional rights, and while the exercise
thereof may be reasonably regulated by legislative act in pursuance of the police power of the
state, and although those powers are broad, they do not rise above those privileges which are
imbedded in the constitutional structure. The police power cannot justify the enactment of any
law which amounts to an arbitrary and unwarranted interference with, or unreasonable
restriction on, those rights of the citizen which are fundamental.
State v. Armstead, 103 Miss. 790, 799, 60 So. 778, Ann. Cas. 1915B, 495.

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.
U.S. v Mersky (1960) 361 U.S. 431

“The 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.”
Paul v. Virginia U.S. Supreme Court
- Other Courts -

" The appellant points out that § 39-741(5), 1960 Reissue of Volume 3, Revised Statutes of
Nebraska of 1943, defines the term "highway" to mean "* * * every way or place of whatever
nature open to the use of the public, as a matter of right, for the purposes of vehicular travel...
and that the Nebraska court has adopted this definition in connection with automobile litigation"
Solomon Dehydrating Company v. Guyton, 294 F. 2d 439 - Court of Appeals, 8th Circuit 1961

“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 l4th Amendment and by other
provisions of the Constitution.
Schactman v Dulles, 96 Appellate D.C. 287, 293.

"There can be no sanction or penalty imposed upon one because of this exercise of
constitutional Rights."
Snerer vs. Cullen, 481 F. 946

"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."
Willis vs. Buck, 263 P. l 982; Barney vs. Board of Railroad Commissioners, 17 P.2d 82

"... 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; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct.
256; Hadfield vs. Lundin, 98 Wash 516

"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

"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."
Thompson vs. Smith, 154 SE 579
'The right of a citizen to travel upon the highway and 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 and uses it for private gain, in the running of a coach or
omnibus. The former is the usual and ordinary right of a citizen, a common right, a right common
to all, while the latter is special, unusual and extraordinary...."
Ex parte Dickey (Dickey v. Davis) 76 W.Va. 576, L.R.A. 1915 F, 840, P.U.R. 1915 E, 93, 85 S.E.
781

"The distinction between the right of a citizen to use the public highways for private, rather than
commercial purposes is recognized."
Barbour v. Walker, 126 Okla. 227, 259 Pac. 552, 56 A.L.R. 1049, 1053

"However, a right as precious as the freedom of an individual who has not violated any law to
travel wherever he pleases without interruption should not be denied construction not impairing
such right is possible."
People v. Utsman, 166 N.Y.S. (2d) 358 (1957))

"It will be observed that . . . a highway, within the contemplation of the act, is, "Every way or
place of whatever nature open as a matter of right, to the use of the public, for the purposes of
vehicular travel. There can be no question but that this definition is broad enough to include
streets in incorporated cities, because they are open as a matter of right, to the use of the public
for the purposes of vehicular travel."
Neeley v. Bock, 184 Wash. 135, 140, 50 P.2d 524 (1935).

{13} We recognize that the term “traffic” is limited to travel on a “highway,” which is defined as
“every way or place generally open to the use of the public as a matter of right for the purpose
of vehicular travel, even though it may be temporarily closed or restricted for the purpose of
construction, maintenance, repair or reconstruction.”
City of Las Cruces v. Lauren Rogers

"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 and uses it for private gain... The former is the usual and
ordinary right of the Citizen, a right common to all, while the latter is special, unusual, and
extraordinary."
State vs. City of Spokane, supra; Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781

“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.”
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
"First, it is well established law that the highways of the state are public property, and their
primary and preferred use is for private purposes, and that their use for purposes of gain is
special and extraordinary which, generally at least, the legislature may prohibit or condition as it
sees fit."
Stephenson vs. Rinford, 287 US 251; Pachard vs Banton, 264 US 140, and cases cited; Frost
and F. Trucking Co. vs. Railroad Commission, 271 US 592; Railroad commission vs. Inter-City
Forwarding Co., 57 SW.2d 290; Parlett Cooperative vs. Tidewater Lines, 164 A. 313

“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.”
Berberian v. Lussier (1958) 139 A2d 869, 872 | Schecter v. Killingsworth, 380 P.2d 136, 140; 93
Ariz. 273 (1963).

“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.”
Campbell v. Walker, 78 Atl. 601, 603, 2 Boyce (Del.) 41.

“The right to make use of an automobile as a vehicle of travel along 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.”
People v. Horton 14 Cal. App. 3rd 667 (1971)

“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."
House v. Cramer, 112 N.W. 3; 134 Iowa 374; Farnsworth v. Tampa Electric Co. 57 So. 233,
237, 62 Fla. 166.

“A highway is a public way open and free to anyone 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;

“…a citizen has the right to travel upon the public highways and to transport his property
thereon…”
Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).

“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.”
Barney vs. Board of Railroad Commissioners, 17 P.2d 82
“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.”
Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781

“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.”
People v. Nothaus, 147 Colo. 210; | Chicago Coach Co. v. City of Chicago. 337 111. 200, 169
N.E. 22.

“Traffic infractions are not a crime.”

Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22.

“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.”
Statutes at Large California Chapter 412 p.83

“A license means leave to do a thing which the licensor could prevent.”

City of Chicago v Collins 51 NE 907, 910.
“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.”
Payne v. Massey 196 SW 2nd 493, 145 Tex 273.

“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.’
Shapiro v. Thompson). EDGERTON, Chief Judge:

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.

“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.”
Kent vs. Dulles see Vestal, Freedom of Movement, 41 Iowa L.Rev. 6, 13—14.
“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.”
Comment, 61 Yale L.J. at page 187.

“Automobiles have the right to use the highways of the State on an equal footing with other
vehicles.”
Justice Hiibel White

“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.”
Cumberland Telephone. & Telegraph Co. v Yeiser 141 Kentucy 15.

“A soldier’s personal automobile is part of his ‘household goods."

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 vehicle not used for commercial activity is a "consumer goods",...it is NOT a type of vehicle
required to be registered and "use tax" paid of which the tab is evidence of receipt of the tax"
Bank of Boston v. Jones 4 UCC Rep. Serv. 1021, 236, A2d 484, UCC PP 9-109.14

"It is held that a tax upon common carriers by motor vehicles is based upon a reasonable
classification, and does not involve any unconstitutional discrimination, although it does not
apply to private vehicles, or those used by the owner in his own business, and not for hire."
Desser v. Wichita (1925) 96 Kan. 820; Iowa Motor Vehicle Asso. v. Railroad Comrs, 148 N.W.
20

"Since the sale of personal property is not required to be evidenced by any written instrument in
order to be valid, it has been held in North Carolina that there may be a transfer of title to an
automobile without complying with the registration statute with requires a transfer and delivery
of a certificate of title."
N.C. Law Review Vol. 32 pg 545, Carolina Discount Corp. v. Landis Motor Co., 190 N.C. 157

"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 of
business, bu by being subject only to the local regulation, i.e. ...safety, caution, traffic lights,
speed limits, etc. Travel is not a rivilege requiring licensing, vehicle registration, or forced
insurances."
Chicago Coach Co. v. City of Chicago. 337 111. 200, 169 N.E. 22.

“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.”
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’ is different and broader than the word ‘automobile.’”
-International Motor Transit Co. vs. Seattle, 251 P. 120

[1] Fundamentally it must be recognized that in this country "Highways are for the use of the
traveling public, and all have ... the right to use them in a reasonable and proper manner..."
13 Cal.Jur. 371, § 59.

“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.”
Statutes at Large California Chapter 412 p.83

"Streets and highways are established and maintained primarily for purposes of travel and
transportation by the public, and uses incidental thereto. Such travel may be for either business
or pleasure ... The use of highways for purposes of travel and transportation is not a mere
privilege, but a common and fundamental right, of which the public and [35 Cal.2d 876]
individuals cannot rightfully be deprived ... [A]ll persons have an equal right to use them for
purposes of travel by proper means, and with due regard for the corresponding rights of others."
25 Am.Jur. 456-457, § 163; 40 C.J.S. 244-247, § 233.

"The practice of Law is an occupation of common Right"

Sims v. Ahems, 271 S.W. 720 (1925)

"A departure by a court from those recognized and established requirements of law, however
close apparent adherence to mere form in method of procedure, which has the effect of
depriving one of a constitutional right, is an excess of jurisdiction."
Wuest v. Wuest, 127 P2d 934, 937.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++++++++++++++++++++++++++
Some case law (or statutes/codes) on the term Automobile v.s. Motor Vehicle

§ 31301. Definitions: In this chapter -

(3) "commercial driver's license" means a license issued by a State to an individual
authorizing the individual to operate a class of commercial motor vehicles.
(6) "driver's license" means a license issued by a State to an individual authorizing the
individual to operate a motor vehicle on highways.
.
18 USC 31:
(6)“Motor vehicle” means every description or other contrivance propelled or drawn by
mechanical power AND used for commercial purposes on the highways in the transportation of
passengers, or passengers and property.
(10) Used for commercial purposes. - 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.

There is a clear distinction between automobile and motor vehicle. An automobile has been
defined as:
"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

While the distinction is made clear between the two as the courts have stated:

"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

“The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons
on highways.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456

"The term `travel' and traveler' are usually construed in their broad and general sense ... so as
to include all those who rightfully use the highways viatically (when being reimbursed for
expenses) and who have occasion to pass over them for the purpose of business, convenience,
or pleasure."
25 Am.Jur. (1st) Highways, Sect.427, Pg. 717

"Traveler -- One who passes from place to place, whether for pleasure, instruction, business, or
health."
Locket vs. State, 47 Ala. 45; Bovier's Law Dictionary, 1914 ed., Pg. 3309

"Travel -- To journey or to pass through or over; as a country district, road, etc. To go from one
place to another, whether on foot, or horseback, or in any conveyance as a train, an automobile,
carriage, ship, or aircraft; Make a journey."
Century Dictionary, Pg. 2034

"Privilege" 1. A special legal right, exemption, or immunity granted to a person or class of

persons, an exception to a duty. - A privilege grants someone the legal freedom to do or not to
do a given act. It immunizes conduct that, under ordinary circumstances, would subject the
actor to liability.
Black's Law Dictionary 9th Edition

Definition of "Definition"
A description of a thing by its properties; an explanation of the meaning of a word or term.
Webster. The process of stating the exact meaning of a word by means of other words.
Worcester.
See Warner v. Beers, 23 Wend., N.Y., 103; Marvin v. State, 19 Ind. 181.

Such a description of the thing defined, including all essential elements and excluding all
nonessential, as to distinguish it from all other things and classes.
Wilson v. Else, 204 Iowa 857, 216 N.W. 33, 37.

"Definition" - Black's Law Dictionary 5th Edition

A description of a thing by its properties; an explanation of the meaning of a word or term. The
process of stating the exact meaning of a word by means of other words. Such a description of
the thing defined, including all essential elements and excluding all nonessential, as to
distinguish it from all other things and classes.

“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.”
Holland v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831,
838, 136 Conn. 670

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.

Other right to use an automobile cases: –

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; United States v Johnson, 718
F.2d 1317, 1324 (5th Cir. 1983).

EDWARDS VS. CALIFORNIA, 314 U.S. 160; TWINING VS NEW JERSEY, 211 U.S. 78;
WILLIAMS VS. FEARS, 179 U.S. 270, AT 274; 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); CRANDALL VS. NEVADA, 6
WALL. 35, AT 43-44; THE PASSENGER CASES, 7 HOWARD 287, AT 492
========================================================================
=============================
OTHER STUFF

"Every citizen has an inalienable 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, 363 P.2d 180 (1961).

"Article II, Section 3 of the constitution provides that: "All persons have certain natural, essential
and inalienable rights, among which may be reckoned the right... of acquiring, possessing and
protecting property; A motor vehicle is property and a person cannot be deprived of property
without due process of law. The term property within the meaning of the due process clause,
includes the right to make full use of the property which one has the inalienable right to acquire.
[2-3] Every citizen has an inalienable 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. ...
Any unreasonable restraint upon the freedom of the individual to make use of the public
highways cannot be sustained.

CONSTITUTIONS RECOGNIZE NATURAL RIGHTS. The constitutions of the state and the
nation recognize unenumerated rights of natural endowment. Colo.
Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962).

SOURCE OF NATURAL RIGHTS. All men have rights which have their origin as natural rights
independent of any express provision of law; constitutional provisions are not the sources of
these rights.
Colo. Anti-Discrimination Comm'n v. Case, 151 Colo. 235, 380 P.2d 34 (1962)

"RIGHTS GRANTED BY CONSTITUTION APPLY TO MINORS as well as adults."

In re Hartley, 886 P.2d 665 (Colo. 1994).

An individual's right to use the public highways of this state is an adjunct of the constitutional
right to acquire, possess, and protect property, yet such a right may be limited by a proper
exercise of the police power of the state based upon a reasonable relationship to the public
health, safety, and welfare.
People v. Brown, 174 Colo. 513, 485 P.2d 500 (1971), appeal dismissed, 404 U.S. 1007, 92 S.
Ct. 671, 30 L. Ed. 2d 656 (1972).