The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-11
NEED No LANTERNS
THAT PART OF THE BICYCLE oRDI-
NANCE RELATING TO
II LIGHTS
to rE-e- +
is KNOCKED ,o1T ONCE MORE.
SECTION, AsiaT WAS PASSED. IS
DECLARED-T no BE UN-
, REAs0NnABLE.
as rs
II tn -
MIR. BLOCKS, SUCCESSFUL FIGHT.
"a ~
.... rs n
WheeImen No Longer In Danger of
Arrest IL Theey Carry No
Giiimas.
IR. BLOCKS. SUCCESSFUL FIGHT.

BY decision of Judge Twohy yes
terday afternoon section of the re-
Gently adopted bicycle ordinance re-
quiring Wheelmen to carry lanterns
after sunset was held to be unreason-
able, and therefore invalid. The case
in which the ordinance was attacked
was that of the city against L. F.
Block, who was arrested week ago
for riding on Dayton avenue at $50
o'clock in the evening without carrying
a lantern. Mr.. Block determined to
test the ordinance, and, as told in the
G o b e the morning following his ar
rest, secured the services of Attorney
Oppenheim, with the result that the
law has been declared to be invalid
and Mr.. Block discharged by the court
Attorney Oppenheim attacked the BIZ
: cycle ordinance in it's entirety, but par
ticularly directed his efforts against
section 5. No testimony was taken in
the case save that of Mr. Block, who
admitted the charge of the prosecution.
His attorney, however, claimed that he
had been guilty Of no offense upon the
ground that the section of the ordin-
ance under which he had been arrest
ed was unreasonable, and such being
the case; no prosecution could obtain
under it. In support of his position,
Mr. Oppenheim claimed that darkness
set in at varying periods after sunset
at different seasons of the year, and
that to require bicyclists to burden
their machines with lanterns, together
with the cost of keeping them lighted,
in broad daylight, was an imposition
and a hardship. o.
In general opposition to the ordin-
ance as whole, Mr.. Oppenheim ar
bicycle was a vehicle, and that it was
class legislation to- impose a restric-
ton upon one style. of vehicle and not
upon others, such as carriages and wa
CONS Furthermore, he claimed that
the ordinance was ultra vires," or in
it's provisions showed the council to
have extended it's regulating powers
beyond the limits provided by the city
charter.
In ordering Mr. Blocks discharge
Judge TWohy only intimated his opin-
ion relative to the second point urged
by the defense, stating it to be unnec-
cessary for him to render decision in
view of section 5 having been declared
invalid. Said he:
''The position taken by the defense.
that the section Of the city ordinance
regulating bicycles upon the public
streets, and requiring Wheelmen to
carry lanterns after sunset, I find to
be subStantiated by the law. The re-
r,Guirenlents!, of thisn seetien are unrea-
sonable, and hence the section is in
n - II
the lighting of lanterns is a difficult
matter To say that this Shall be done
at sun set is oppressive and unjust,
as this is too early. At some season s
OF the year such a provision would re-
Quire bicycle riders to carry lighted
lanterns for an hour before dark: to
Go something that can be of no good
to any one and works hardship upon
Wheelmen. Many persons ride bicycles
after sun set until darkness sets In;
who will not ride after dark under any
consideration. This applies largely to
women. and to require such as these
to carry lanterns while it is yet day
time. is unreasonable. Furthermore,
bicyclist, in an hour, the length of
time between the sun set and dark at
some seasons, can travel a distance OF
from eight to twelve miles, and to re-
quire a lighted lantern during this
time is wholly in substantiation of the
claims of the defense in this case.
Therefore from these considerations I
am led to the belief that the ordinance
should be modified.
81 do not believe with the defense
that the ordinance in it's entirety is
ultra vires.' While it is true the
bicycle is held to be a vehicle, it is
my opinion that the city council has
the power to regulate it's use ON the
public streets The character Of the
vehicle and both the safety of the
riders and pedestrians demand that
some precaution be observed. To enact
reasonable regula lions regarding BIZ
cycle travel 1 consider to be within
the province of the council and a pow
er conferred by the city charter"
Notwithstanding the view announced
by Judge Twohy, Attorney Oppenheim
still maintains the invalidity of the or
dinance as whole, and declares that
he will take the matter before the su-
preme court upon the points raised in
the Block case at the first opportunity