No. 93-560
IN THE SUPREME COURT OF THE STATE OF MONTANA
1994
STATE OF MONTANA,
Plaintiff and Respondent,
-vs-
WALTER W. SCHAIBLE,
Defendant and Appellant.
APPEAL FROM: District Court of the First Judicial District,
In and for the County of Broadwater,
The Honorable Jeffrey Sherlock, Judge presiding.
COUNSEL OF RECORD:
For Appellant:
Walter W. Schaible, Pro Se, Toston, Montana
For Respondent:
Hon. Joseph P. Mazurek, Attorney General, Brenda
Nordlund, Assistant Attorney General, Helena,
Montana
Submitted on ~riefs: June 23, 1994
Decided: June 30, 1994
Filed: JUN 3 0 1994
CLERK OF SUPRi235 Mont.
291, 294,
767 P.2d 304, 306-07, we clarified "the basic premise
that constitutional rights are not always absolute; rather, there
are just constitutional safeguards which must first be met before
a government may infringe on an individual's rights." Furthermore,
"one's ability to travel on public highways is always subject to
reasonable regulation by the state in the valid exercise of its
police power."
Skurdal, 767 P.2d at 307.
More specifically, we have applied the following analysis in
rejecting similar constitutional challenges to Montana's vehicle
license, driver's license and proof of insurance requirements:
The United States Supreme Court in 1837 recognized that
state and local governments possess an inherent power to
enact reasonable legislation for the health, safety,
welfare, or morals of the public. ...
This Court has
also recognized that such a police power exists even
though the regulation may frequently be an infringement
of individual rights. . . . Regulations that are
formulated within the state's police power will be
presumed reasonable absent a clear showing to the
contrary.
City of Billings v. Skurdal (1986),
224 Mont. 84, 87,
730 P.2d 371,
373 (citations omitted); State v. Deitchler (1982),
201 Mont. 70,
72,
651 P.2d 1020, 1021-22 (citations omitted).
We conclude that appellant has not shown that 61-6-301, MCA,
is an unreasonable exercise of the state's police power. We hold,
therefore, that appellant's constitutional rights were not violated
by requiring him to have liability protection in effect when
operating a motor vehicle.
AFFIRMED.
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
1988 Internal Operating Rules, this decision shall not be cited as
precedent and shall be published by its filing as a public document
with the Clerk of the Supreme Court and by a report of its result
to Montana Law Week, State Reporter and West Publishing Company.
\
We concur: /fly
Chief Justi