"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 horse drawn 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."
II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
"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
"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
"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
"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
"Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle ..."
Bovier's Law Dictionary, 1914 ed., Pg. 940
Each law relating to the use of police power must ask three questions:
- "Is there threatened danger?
- Does a regulation involve a Constitutional Right?
- Is this regulation reasonable?"
People vs. Smith, 108 Am.St.Rep. 715;
Bovier's Law Dictionary, 1914 ed., under "Police Power"
it looks to me that traveling by automobile falls well within my personal liberties. traveling in my automobile is perfectly constitutionally legal. our constitutional rights can not be converted to crimes.
