Watch the video.
1913 Chapter 326. Upon careful analysis however this law
applied in a very limited fashion based on how the term "person" was
defined under section (17) of the act. According to this section the
registration and licensing requirements only applied to juristic
"persons" meaning other than a natural person or chauffeurs (people
who are compensated for transporting person for hire or compensation). During
this time it was well recognized by courts all over the country that the citizen
had a right to use the highways in the ordinary course of life and to use the
ordinary conveyance of the day which at this time included an automobile. This
was so well established it was published in the legal encyclopedia 11 AmJur 1st
Section 329: "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." The Statute of 1913 was amended by Statute 1915 Ch. 188. This
new statute retained the basic limitations on the registration requirements to
only juristic persons. It was amended by statutes of 1917, ch 218 and Statute
1919, ch 147. These amendments were merely refinements and did not make substantive
changes. The major changes began in 1923 with the Statutes of 1923 ch. 266.
This time it defines the word "operator" and gave it much more
general application by including "natural persons" in the law.
However 2 week later in the same session of the legislature the Statutes of
1923 ch. 211 was passed providing a more constitutionally correct
definition of "operator" and restricted the licensing and
registration requirements once more to only juristic providing a more
constitutionally correct definition of "operator" and restricted the
licensing and registration requirements once more to only juristic earlier
act was in conflict with the later act it repeals the earlier one puts the
registration and licensing provisions back in the limited nature of only applying
to juristic persons once again. This continued until the very first vehicle
code was enacted by the Statutes 1935 Ch. 27. established the Vehicle
Code. Section 2 of this act makes it clear that the Vehicle Code is not to be
construed as a new body of law but as a consolidation and continuation
of already existing law.
No comments:
Post a Comment