March 14, 1995.
The following has been used in at least three states
(Pennsylvania, Ohio, and West Virginia)
as a legal brief to support a demand for dismissal
of charges of "driving without a license."
It is the argument that was the reason for charges
being dropped, or for a "win" in court
against the argument that free people can have their
right to travel regulated by their servants.
The forgotten legal maxim is that free people
have a right to travel on the roads which are
provided by their servants for that purpose,
using ordinary transportation of the day.
Licensing cannot be required of free people,
because taking on the restrictions of a license
requires the surrender of a right.
The driver's license can be required of people
who use the highways for trade, commerce,
or hire; that is, if they earn their living
on the road, and if they use extraordinary machines
on the roads.
In other words, if you are not using the
highways for profit, you cannot be required
to have a driver's license.
This brief or the right it demonstrates
is no substitute for either being safe on the road or
for learning the subject of rights versus regulations
thoroughly before attempting to use or
act upon this information.
BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL
FOR LACK OF JURISDICTION
NOW, comes the Accused, appearing specially
and not generally or voluntarily, but under
threat of arrest if he failed to do so, with
"BRIEF IN SUPPORT OF NOTICE FOR
DISMISSAL FOR LACK OF JURISDICTION,"
Stating as follows: ARGUMENT
If ever a judge understood the public's right to use
the public roads, it was Justice Tolman
of the Supreme Court of the State of Washington.
Justice Tolman stated: "Complete freedom
of the highways is so old and 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 look to see the
most sacred of their liberties taken from them one by
one, by more or less rapid encroachment."
Department of Public Works, 180 Wash 133, 147.
The words of Justice Tolman ring most
prophetically in the ears of Citizens throughout the
country today as the use of the public roads
has been monopolized by the very entity which
has been empowered to stand guard
over our freedoms, i.e., that of state government.
Below Tarhaka displays documents of right to travel
Plates on truck both made on his computer, when
Stopped by well over 30,policemen at once on the same
Day with no debate.
But the Sheriff dep and his law firm. Was repelled
By lawful affidavit and neatly tucked under the bus
He nor his family members were never stopped again.