Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1895-06-13
An Interesting Test Case.

An Interesting Test Case.
/. Last Saturday, DR.. H. 81. Mcintyre, on,
OF the leading citizens of this place, wa
arrested on complaint made to Towr
Grand Juror James Hutchinson, chargine
) him with violation OF Act. No. 80 OF thu
acts of 1852, as amended by Act No. 50 Of
the acts of 1884,
The law in question is the one relating
to riding bicycles on sidewalks. The orig
inal act passed in lss2 read as follows:
!. s'Sec. 1. A person who unnecessarily
leads or drives any animal upon a SIDE
walk in any unincorporated village where.
BY such sidewalk is injured Or the use
! thereof by foot passengers is interfered
with, or who unnecessarily obstructs
any such sidewalk by permitting any ami
NAL owned or used by him to stand across
or upon the same, or unnecessarily drives
or leads any team or animal across or
through public park, common or green
in any unincorporatsd village, except in
the paths or roads provided for such use,
whereby such park or green is injured or
made less attractive, or who permits any
tcattle, horses or swine to run at large in
'sny such park, common or green, without
consent OF the selectmen, shall be fined
not less than five dollars and not more
than twenty-five dollars.
Sec. 2. Justices OF the county shall have
| jurisdiction OF offenses under this act
One-half of the penalty shall go to the
person who makes the complaint, and the
other half TO the town in which the Of
fence Is committed
Sec. l OF No. 50, Laws Of 1882, is
amended so as to read As follows:
"na person unnecessarily leaves or drives
an animal, or rides bicycle upon a side.
walk built and maintained for the bene-
DIT OF the travelling public, or unnecesari-
ly obstructs such sidewalk by permitting
an animal owned or used By him to stand
across or upon the same, or unnecessarily
drives or leads a team or animal across
or through a public park, common or
green in town, except in the paths or
roads provided for such use, whereby
such park or green is injured or made
less attractive, or permits cattle, horses or
swine TO run at large in such park or
green without the consent Of the select
men, be shall be fined not more than
twenty five dollars and not less than five
dollars
The trial is set for next Saturday before
William II. Nichols, justice OF the peace.
II is to be regretted that more commodi.
Gus quarters are not available, for the in
terest manifested in this case will surely
attract much isrger audience than can
be accom- modate J.
This, we believe, is the first arrest
made under the new bicycle law in the
state and will be regarded as test case.
Such was DR.. McIntyre's intention in |
counting arrest. His reputation as good |
citizen will not suffer however this trial |
may result.
Two weeks ago the village trustees, as |
they say in response to complaints made |
against riding bicycles on the sidewalks, |
stating that the state law would be en- |
forced. DR.. Mcintyre, not haTing needed /
the warning, was arrested and will stand /
trial.
The HERALD believes he has good case
morally, at least. The sidewalks are |
built and maintained by the village, for
the public's convenience. They are not /
available for teams for three reasons. First, |
they are not wide enough; second, they i
are not adapted to wheels and would /
speedily be seriously injured; third, to /
mix up vehicles and pedestrians would |
endanger the latters safety. These three
reasons do not apply to bicycles. Side
walks are wide enough ana durable
enough to permit them. Only on the
ground that they are dangerous to pedes-
TRANS, can they be fairly excluded from
the sidewalks.
Are they dangerous? Yes and no.
When propelled past or near pedestrians
there is no earthly reason why bicycles
cannot be ridden at moderate speed on
sidewalks with complete safety to every
body. To crowd them of into the road
which is often so muddy as to be complete
IL impassa ble-while the sidewalks are free
from pedestrians for considerable dis
tance ahead is to deprive bicyclists Of the
enjoyment OF that which they contribute
to support, without beneiting anybody
else.
That is the right and wrong OF the mat
ter. 1t was considered last year, " hen the
trustees made a regulation requiring bicy-
clists to give the entire sidewalk to Pc
destrians, when met or passed. Such a
rule is just, and would be satisfactory TO
both riders and walkers this year.
But the law That must be executed,
law. We do not assume to the dignity of
a court of last resort on this question, but
it seems to us that there is room for some
doubt on this point, as well as to the
of the act II it is law.
The original act applied only to amin
corpordted villages. True, the amend
ment does not read that way, but its APP
plication to unincorporated villages only
may be reasonably understood to exist,
the same as in the act of 81. lncorpo-
rated villages are given charter rights,
among which are those permitting it to
regulate its police matters 1t would be as
procedure for the YER
mont legislature to pass law forbidding
coasting in any public highway in the
state as it is to forbid bicycling. The lib
erty OF regulating these matters should be,
and we believe is, vested in incorporated
villages by virtue Of their charters.
This act was passed by representatives,
two-thirds of whom live in scattered COM
munlties where they are never affected by
and for them to prescribe how
bicycling shall be done in Randolph is the
Of assumption. We don't be-
lieve they intended to do any such thing,
but simply to amend the old law relating
to unincorporated villages which cannot
regulate these matters themselves.
Further ground for our belief is that no
reference is made in the amendment to
'svillage," either incorporated or unincor-
porated, while the word "town" conveys
an idea totally apart from an incorporated
village. The ssselectmen," too, are grant
ed the right to give permission in certain
cases, which would be queer if village
trustees had the matter under control.
Still further, one-half Of the fine goes to
the s'town" and no mention is made OF
the village.
re- the RondoIph hoard If trustees had