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This page is http://www.lawyerdude.s5.com/6448hpt2.html
This page is a continuation of http://www.lawyerdude.s5.com/6448.html
This is the last 3 pages of the winning brief of Paul Staples on Oct 4, 2004:
Abrogation of the Right of Property by stealthy encroachment
The nature of a driver’s license is such that it also infringes upon and prohibits the use of one’s property (i.e. automobile/pick-up vehicle). Appellant has never waived his rights, knowingly, intelligently, or voluntarily to the use of his automobile via application of the driver’s license. The State of Wisconsin driver’s license statute disallows a citizen to use his property (an automobile) and where he does use it, that property is taken away (towed and/or compounded). Such statutes cannot be held as being valid against an American and/or citizen.
Property in a thing consists not merely in its ownership and possession, but in the unrestricted right of use, enjoyment and disposal. Anything which destroys any of these elements of property, to that extent destroys the property itself. The substantial value of property lies in its use. If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right. Therefore a law which forbids the use of a certain kind of property, strips it of an essential attribute and in actual result proscribes its ownership.* * * Since the right of the citizen to use his property as he choose so long as he harms nobody, is an inherent and constitutional right, the police power cannot be invoked for the abridgment of a particular use of private property, unless such use reasonably endangers or threatens the public health, the public safety, the public comfort or welfare. Spann v. City of Dallas, 235 S. W. 513, 514-15.
So far as such use of one’s property may be had without injury to others it is a lawful use which cannot be absolutely prohibited by the legislative department under the guise of the exercise. In re Kelso, 147 Cal. 609, 612 (1905).
To date, this legislative court/tribunal acting with an administrator designated from de facto Legislation (rule makers for the corporate State), under bankruptcy supplies no evidence that the Defendant has caused any injury or property damage in the use of his property traveling upon the public roads. The “driver’s license” can and would allow the Defendant’s property to be abridged by forbidding him to use that property until he becomes licensed.
An automobile is not dangerous per se. Thus, rule and legal principles (such as a license prohibiting its use), which are applicable to those things required “extraordinary care in the use and control,” are not applicable to automobiles/pick-up vehicles. This court/tribunal has given no justification for prohibiting the Defendant the use of his property.
Conclusions applicable to Defendant’s use of the roads in common tenancy
The ill-trained Gestapo police here are mistaken about the law. They and the courts here are both short-sighted with regard to the right to use the roads.
1. Right to Travel. You all swore to uphold the constitution.
2. Common Tenancy of the public road. No license is required for a tenant in common to use the common property.
3. Legislature has no right to dissolve our tenancy. Traveling on the roads in California (except the toll roads) has always been free to all. The legislature has no authority to take away that right.
C. The driver’s license creates a distinction in rights of citizens using the public roads for travel. All citizens are to have equal rights in the use of the roads for ordinary travel and none are to have superior rights (i.e. bicyclists) over another (i.e. automobilists/pick-up vehicles). The driver’s license imposes a burden and restriction on Americans and/or citizens traveling by automobiles/pick-up vehicles that does not exist on other travelers. D. The driver’s license confers a statutory right, that being the right to travel on the public roads with an automobile/pick-up vehicle, which the Appellant already possess an inalienable, constitutional and vested right. Thus the driver’s license is nugatory and meaningless against the Appellant.
The driver’s license gives to the licensor the power to prohibit and preclude the Defendant’s right to use the public roads for travel. This is an extraordinary measure that could only be used on this engaged in commercial travel.
The driver’s license makes the Defendant’s constitutional liberty and right of locomotion subordinate to the police powers. However, the police power can never transcend constitutional rights but rather is always subordinate to them since these rights are part of the supreme law of this State.
Other constitutional rights of the Defendant are subject to be limited or forced to be waived by any terms or rules under such licensing. This would constitute an “unreasonable” exercise of police powers.
The driver’s license, where applied to the Defendant, would require him to surrender and transfer his inalienable right of liberty and locomotion to this State in lieu of the license (i.e. statutory privilege) which is constitutionally impossible.
A word about administrative law and statutes. In California, the meaning of statutes has been diluted. Subject matter which might better be relegated to regulations and been elevated to the status of statute. “While in practical effect regulations may be called “little laws” they are at most but off-spring of statutes.” See United States v. Jones, 345 U.S. 377, 73 S.Ct. 759, 97 L ED.. 1108. The result is that neither the statute nor the regulations are complete without the other, and only to together do they have any force. In effect, therefore, the construction of one necessarily involves the construction of the other. See U.S. v. Mersky, 361 U.S. 431, 80 S.Ct. 459
These powers are utilized in the Superior courts throughout California and nearly all the states, not just as a resource for income (taking of property from the people traveling in Wisconsin, but also in the same way the Jews in Nazi Germany were identified with a tattoo on the arm for control.
The claim and exercise of a Constitutional right cannot be converted into a crime.@ Miller v U.S., 230 F.2d 488, 489. Murdock v Pennsylvania (1943) 319 U.S. 105, 63 S.Ct. 870, 87 Lawyers Edition ___,
www.lawyerdude.8k.com/murdock.html
Signed: Paul Staple, Sui Juris ____________________Monday, October 4, 2004______________________
Defendant pro se
.
Proof of Service
I, Paul Staples, declare the following under penalty of perjury. I personally handed this document #6448 to the prosecutor in the court room on Monday, October 4, 2004. That person’s name is ___________. I also handed it to the clerk in the court room and I also served it at the criminal/ traffic filing window..
Signed: Paul Staples _____________________ Date: Monday, October 4, 2004
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