Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.1 6/24/83; site teldata.UUCP
Path: utzoo!linus!philabs!cmcl2!floyd!vax135!cornell!uw-beaver!teltone!teldata!shad
From: shad@teldata.UUCP (Warren N. Shadwick)
Newsgroups: net.legal
Subject: Re: Re: Divers license regulated industry ...
Message-ID: <350@teldata.UUCP>
Date: Mon, 21-May-84 17:15:37 EDT
Article-I.D.: teldata.350
Posted: Mon May 21 17:15:37 1984
Date-Received: Thu, 24-May-84 01:33:06 EDT
Organization: Teltone Corp., Kirkland, WA
Lines: 41


> From: guy@rlgvax.UUCP (Guy Harris)
> Subject: Re: Drivers license regulated industry or right?

> The roads are built and maintained by state governments; as such, they can
> require licenses to use the facilities they provide.  If the roads were
> privately-built and maintained, using those roads still be a privilege
> granted by the builders and maintainers.

Nice opinion, but let's look at the the law. The Supreme Court has stated:

  "The streets belong to the public and are primarily for use of the
  public in the ordinary way.  Their use for purposes of gain is
  special and extraordinary and, generally at least, may be prohibited
  or conditioned as the legislature deems proper."

		Packard v. Banton, 264 U. S. 140, 144

The Court went on to say ...

  "Moreover, a distinction must be observed between the regulation of 
  an activity which may be engaged in as a matter of right and one 
  carried on by the government sufferance or permission.  In the latter
  case the power to exclude altogether generally includes the lesser
  power to condition and may justify a degree of regulation not
  admissable in the former."

		Davis v. Massachusetts, 167 U. S. 43;
		Packard v. Banton, 264 U. S. 140, 145


  "The State cannot diminish rights of the people."

		Hurtado v. California, 110 U. S. 516

One must not forget who is 'sovereign' in this country (at least until
we allow socialism to take over completely).

					Yours always in Freedom,

					   Warren N. Shadwick