aN THE 1s JUDICIAL BIBTRICT COURT IN AND FOR THE COUNTY OF BOUGLAS =. STATE OF COLORABO STATE OF COLORADO ) ) Case No. 1882242 Plaintiff, ) ) vs. ) NOTICE OF HEARING ON BRIEF ) AND MOTION FOR DISMISSAL James Darwin Hardin ) FOR LACK OF JURISDICTION d Defendant, ) Se NOTICE, is hereby served upon all parties in the above styled, numbered and titled cause of action, by the above named Defendant herein; and WHEREFORE, Defendant, James Darwin Hardin, by restricted appearance under Rule £(8) of the Supplemental Rules for Certain Admiralty and Maritime Claims, hereby serves notice on the parties, that a presentment in the above styled and numbered cause of action will be made by Hardin on September 19, 2018, at 2:30P.M.. in the “First Appearance Center” of the 18" Judicial District Court, which is located in the County of Douglas, State of Colorado: whereby moving 10 dismiss the criminal complaint against him. Dated this 271 day of August, in the year 2018. RESPECTFULLY SUBMITTED BY MY HAND ON THE ABOVE STATED DATE: y COPY WY CopyIN THE 187 JFUBICIAL DISTRICT COURT IN ANB FOR THE COUNTY OF BOUGLAS STATE OF COLORABO STATE OF COLORADO ) ) Case No. 18R2242 Plaintiff, ) ) BRIEF IN SUPPORT OF vs. ) MOTION TO DISMISS FOR ) LACK OF JURISDICTION James Darwin Hardin ) ) Defendant, ) a) NOW, comes the Accused, appearing specially and not generally or voluntarily, but under threat of arrest if he failed to do so, with this "BRIEF IN SUPPORT OF MOTION FOR DISMISSAL, FOR LACK OF JURISDICTION. stating as follows: If ever a judge understood the public's right to use the public roads, it was Judge ‘Tolman of the Supreme Court of the State of Washington, Justice Tolman stated: “Complete freedom of the highways is so old 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. ivbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment." Robertson vs. 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 freedom, ie. that of state government.‘The “most sacred of liberties" of which Justice Tolman spoke was personal liberty. The definition of personal liberty is: Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various Constitutions, which is not derived from or dependent on, the U.S. Constitution, which may tot be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property .. and is regarded ts inalienable." 16 C.3.S., Constitutional Law, Sect, 202, p. 987. This concept is further amplified by the definition of personal liberty “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 eral! 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 or a mere privilege which may be permitted or prohibited at will but the common Right which he has mader 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 interferis only in his person, but in Law, Seet.329, p. 1135. with nor disturbing another's Rights, he will be protected, not ‘safe conduct." [emphasis added] Il Am.Jur. (Ist) Constitutional and further... “Personal liberty ~ consists of the power of locomotive, of changing situations, of removing ‘one’s person to whatever place one's inclination may direct, without imprisonment or eatraint unless by due process of law." I Blackstone's Commentary 134; Hare, Constitution rer a77; Bovier's Law Dictionary, 1914 ed., Black's Law Dictionary, Sth ed. Justice Tolman was concerned about the State prohibiting the Citizen from the "most sacred of his liberties,” the Right of movement, the Right of moving one's self from place to place without threat of imprisonment, the Right to use the public roads in the ordinary course of life, When the State allows the formation of a corporation it may control its creation by establishing guidelines (statutes) for its operation (charters). Corporations who use the roads in the course of business do not use the roads in the ordinary course of