Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1895-06-27
Statement from the Trustees.

! Statement from the Trustees.
We do not purpose to enter into dis
cussion OF the various points made in til
} HERALD on Dr.. McIntyre's case. We
intend to defend our action in prohibitin
the riding of bicycles on the sidewalks
The village by laws prohibit the use o
sidewalks by vehicles.
The state law, which is applicable tt
this village as we'll as Montpelier, Bur
lington, Barre, is as follows:
I'll person unnecessarily leaves OF
drives an animal, or rides bicycle upor
a sidewalk built and maintained for the
essarily obstructs such sidewalk by per.
hitting an animal owned or used by him
to stand across or upon the same, or I'm
necessarily drives or leads team or ami
NAL across or through public park, com
mon or green ina 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 nf the
selectmen, he shall be fined not more than
twenty five dollars and not less than five
dollars"
Under the bylaws OF West Randolph
village and in consideration OF the general
state law, the Trustees OF said village
unanimously passed a resolution to pro-
hibit bicycles on the sidewalks. We are
now asked, by petition for that purpose,
to modify the order that we have made, SO
that this village may allow and permit,
aid and abet the breaking OF 9 state law
as well as a village law. We did not make
the state law nor che village law, and
whether they are right or wrong, we have
not power to change them. Now it seems
to most OF this board that those who sign
ed the petitions are asking good deal Of
US, when they ak US in an official capaci-
ty to give permission to break a law OF the
state that may involve individuals, the
village and us in extended litigations.
by its trustees to give licenses to break
state laws II we can give license to
break one state law, why not license the
breaking CT all the laws of the state il
people will promise not to break them
very bad? What position do you want
this village to take as law abiding COM
We do not suppose the law was made
because everybody is bad; but for the
careless, reckless and unobservant. Is
this any good reason why the good and
pure and upright should not obey the
laws as long as they are laws?
We are making no war on any man,
woman or child, but have endeavored in
sidered our duty in preserving life and |
warding of danger and unfolding the |
laws ofthe village and the state under |
" hos. jurisdiction we are. Fina
s4 BY the Trustees.
gAaHf
We are pleased to give the above state.
nent of the trustees place in our col
lmns. Whatever may be our position on
This or any other question, those who do
not agree with us are always welcome to
present their case in our paper so long as
hey observe the common rules OF cour-
esy.
1t seems that the trustees have decided
lot to grant the petition signed by large
majority OF our adult citizens, and that
hey have announced this decision even
before the petition was presented to them.
The board takes the stand that it has no
light to grant the petition because the
tate law as quoted and the village by
avs both definitely prohibit bicycling on
he sidewalks. The board is entitled to
lold this opinion, but it has no right 10
ccuse three fourths OF the citizens OF the
-illage OF conspiring to break state law
because their opinion differs. That is a
most extreme position to take.
II the signers Of the petition understood
hat the state law in regard to bicycling
pplied in incorporated villages like West
randolph, there would be more reason for
harging the signers with lawlessness.
'hetruth is they do not so understand it.
he point is clear in their minds that the
illage has the same moral right to say
low bicycles shall be ridden here as how
casting shall be carried on. Nor do they
oncede that the act of '94 took away that
noral right. Given careful study, they
lain that law was not intended to apply
o incorporated villages and in fact does
lot. No single lawyer has the right to
onclude that his view OF this legal point
the correct one. Lawyers disagree on
be point. Not short OF the Supreme Court
an it be decided. The jury in the lMcln-
yre case held the view that the petition.
RS hold. To accuse SO large number OF
representative citizens OF melting disre-
ard of law when the law itself Is in ques-
ion is bad taste, at least.
The board holds that the bylaws OF the
illage forbid bicycling on the sidewalks.
he fact Is, there is no reference to bicy-
ling in the by. laws. They were framed
efore bicycling was in vogue. Two Sec
ions OF the bylaws might be construed
0 apply to bicycles. One does prohibit
ehicles from using the sidewalks. The
Their (Sec. 1S) reads as follows:-
"Any person driving any team, carriage
r cart across or upon the common or side
7alks in the village, without permit for
hat purpose first granted 'oy the trustees
t meeting OF their board, shall forfeit
nd pay for each offense, the sum OF Fl for
he use OF the village"
The trustees are privileged to determine
" which OF these two bylaws they will
e governed. It would be we'll for the
illage to frame a bylaw that would
learly cover bicycling on the sidewalks.
Most of those who ride bicycles here
re careful riders. They desire to do moth
pg that will injure anybody. II the ma
ority OF citizens prefer that they. shall
eep off the sidewalks entirely, under all
they will submit. But II
he village is willing to grant them the
riyileges they have had in former years
n this regard, or under any other re-
so that they may use the side
7alks without injury to other persons
hey will be grateful. Neither they nor
hose who agree with them are troubled
a conscience by the knowledge that they
re offenders against state law. They
naintain the right OF West Randolph to
ontrol for itself those matters that only
oncern itself.