, when in fact it
belonged to B, through any manipulation of the auctioneer, the bidder
would not be bound.

=Automobile.=--The members of the public have a right to use the
public avenues for the purpose of travel and of transporting property:
nor has the driver of horses any right in the road superior to the
right of the driver of an automobile. Each has the same rights, and
each is equally restricted in exercising them by the corresponding
rights of the other.

Again, the public ways are not confined to the original use of them,
nor to horses and ordinary carriages. "The use to which the public
thoroughfare may be put comprehends all modern means of carrying
including the electric street railroad and automobile." It has been
declared that the fact that motor vehicles may be novel and unusual in
appearance and for that reason are likely to frighten horses which are
unaccustomed to see them, is no reason why the courts should adopt the
view of prohibiting such machines.

The general rule is that all travelers have equal rights to use the
highways. An automobile therefore has the same rights and no more than
those of a footman.

The mere fact that automobiles are run by motor power, and may be
operated at a dangerous and high rate of speed, gives them no superior
rights on the highway over other vehicles, any more so than would the
driving of a race horse give the driver superior rights on the highway
over his less fortunate neighbor who is pursuing his journey behind a
slower horse.

There is no authority or power in the state to exclude non-resident
motorists from the public ways, nor have the states power to place
greater restrictions or burdens on non-resident automobilists than
those imposed on their own citizens.

A license to operate an automobile is merely a privilege. It does not
constitute a contract, consequently it does not necessarily pass to a
purchaser of the vehicle, and may, for a good reason, be revoked.
Moreover the charge imposed for the privilege of operating a motor on
the highway is not generally considered a tax, only a mere license or
privilege fee.

An automobile may be hired from the owner. This is called in law a
bailment. The bailor is not responsible generally for any negligence
of the hirer in operating the car. Nor is the rule changed should the
hirer be an unskilled person, unless he was an immature child or
clearly lacking in mental capacity, or was intoxicated. Where the
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