"The RIGHT of the 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 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 interferring with, not disturbing another's RIGHTS, he will be protected, not only in his person, but in his safe conduct." (Emphasis added). See: 11 American Jurisprudence 1st., Constitutional Law, § 329, page 1123.
"Even the legislature has no power to deny to a Citizen the RIGHT to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this RIGHT might be regulated in accordance with the public interest and convenience." See: Chicago Motor Coach v. Chicago, 169 N.E. 22.
"'Regulated' here can only mean traffic safety enforcement, stop lights, sign, etc. NOT a privilege that requires permission, i.e.; licensing, mandatory insurance, vehicle registration, etc.." See: Chicago Motor Coach v. Chicago, 169 N.E. 22.
"The use of the highway for the purpose of travel and transportation is NOT a mere PRIVILEGE, but a COMMON AND FUNDAMENTAL RIGHT of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, supra; Ligare v. Chicago, 28 N.E. 934; Boone v. Clark, 214 S.W. 607; American Jurisprudence 1st Ed., Highways § 163.
"The term "Motor Vehicle" may be so used as to include only those self-propelled vehicles which are used on highways primarily for purposes of "transporting" persons and property from place to place." (Emphasis added). See: 60 Corpus Juris Secundum § 1, Page 148; Ferrante Equipment Co. v. Foley Machinery Co., N.J., 231 A.2d 208, 211, 49 N.J. 432.
"It has been shown, still, that traveling is a "RIGHT" and not a privilege. Thus, a mutual mistake has been made, and the "contract" is void." Deibel v. Kreiss, 50 N.E. 2d 1000 (1943).
"In this connection it is well to keep in mind that, while the public has an absolute RIGHT to the use of the streets for their primary purpose, which is for travel, the use of the streets from the purpose of parking automobiles is a privilege, and not a right; and the privilege must be accepted with such reasonable burdens as the city may place as conditions to the exercise of the privilege." Gardner v. City of Brunswick, 28 S.E. 2d 135.
"[F]or 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. For the latter purposes no person has a vested right to use the highways of the state, but is a MERE PRIVILEGE or license which the legislature may grant or withhold at its discretion." (Emphasis added). See: Hadfield, supra; State v. Johnson, 243 P. 1073; Cummins v. Jones, 155 P. 171; Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and other cases too numerous to mention.
"[T]he streets and highways belong to the public, for the use of the public in the ordinary and customary manner." Hadfield v. Lundin, 98 Wn. 657; 168 P. 516.
"It is not the amount of travel, the extent of the use of a highway by the public that distinguishes it from a private way or road. It is the right to so use or travel upon it, not its exercise." See: Ind 455, 461.
"The right to travel is a part of the liberty of which the Citizen cannot be deprived without due process of the law under the 5th Amendment." Kent v. Dulles, 357 U.S. 116, 125.
"If the State converts a liberty into a privilege, the Citizen can engage in the right with impunity." Miller v. U.S., 230 F. 2nd. 486, 489 (5th Cir. 1959) Id. at 489-490, Shuttlesworth v. Birmingham, 373 US 262 (1963)
"No State shall convert a liberty into a privilege, license it, and attach a fee to it." Murdock v. Penn., 319 US 105 (19)
"I am not particularly interested about the rights of haulers by contract, or otherwise, but I am deeply interested in the RIGHTS of the public to use the public highways freely for all lawful purposes." Robertson v. Department of Public Works, 180 Wash. 133 at 139.
"It seems obvious that the entire Motor Transportation Code and the definition of motor vehicle are not intended to be applicable to all motor vehicles but only to those having a connection with the "transportation" of persons or property." Rogers Construction Co. v. Hill, Or., 384 P.2d 219, 222, 235 Or. 352.
"The right of the Citizen to travel upon the highways 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 highways his place of business and uses it for private gain. " State v. City of Spokane, supra.
"Citizen's RIGHT to travel upon public highways includes RIGHT to use usual conveyances of time, including horse-drawn carriage, or automobile, for ordinary purposes of life and business." (Emphasis added). See: Thompson v. Smith (Chief of Police), 154 S.E. 579, 580.
"The term "public highway," in its broad popular sense, includes toll roads--any road which the public have a right to use even conditionally, though in a strict legal sense it is restricted to roads which are wholly public." Weirich v. State, 140 Wis. 98.
"Citizen's RIGHT to travel upon public highways includes RIGHT to use usual conveyances of time, including horse-drawn carriage, or automobile, for ordinary purposes of life and business." Thompson v. Smith (Chief of Police), 154 S.E. 579, 580.
"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 RIGHT which he has under the RIGHT to life, liberty, and the pursuit of happiness." Thompson v. Smith, supra.
"'Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in "transportation," or a combination determined by the Commission, but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger "transportation" similar to street-railway service." Transportation, Title 49, U.S.C.A. § 10102 (17).
"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.