The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-26
NO GOOD AFTER Alb
THE NEW BICYCLE ORDINANCE, IT
is CLAIMED, IS A WORTHLESS
ENACTMENT.
PENALTY CLAUSE is USELESS
FINES CANNOT BE COLLECTED
WITHOUT BRINGING A CIVIL
SUIT LATER.
NO ORDINANCE TO FALL BACK ON.
Brilliant Piece of Legislation, APP
proved by Corporation Attorney,
That Took Weeks to Pass.

Chief Goss, whose duty it is to see
that the new bicycle ordinance is en-
forced, announces that day or two
will be given the cyclists to get bells
and lanterns attached to their wheels
and acquaint themselves with the pro-
visions of the measure before active
steps to enforce are taken by the de-
partment.
A prominent attorney, who had his
attention called TO the ordinance yes
terday by a reporter for the G o e,
gave it as his opinion that the ordi-
nance was of no account, and any per.
son who was arrested and arraigned in
the police court for violating any of
it's provisions could have the measure
declared invalid. The particular see
ton to which the legal light referred
is the penalty clause of the ordinance,
which reads as, follows:
Sec. 8. Any person violating any of the
provisions Of this ordinance shall upon con-
viction thereof be fined not less than one
dollar ($1) nor more than fifty dollars $500,
for each offense.
1t is usual in all ordinances passed
by the council to include in the section
providing penalty for its violation an
alternative proposition that in case Of
default in the payment of the fine
imposed the violator shall be impris-
oned for stated number of days. AS
will be noticed in reading the section
of the bicycle ordinance above quoted,
it simply provides that violators shall
upon conviction pay fine of not less
than 81 nor more than $50 for each Of
Tense. Suppose, explained the attor-
ney, Jones is arrested for violating
some provision of the ordinance, not
having a lighted lamp on his wheel
for instance. He is convicted, and the
court orders him to pay a fine of So
for the offense. Jones tells the court
he has no money and cannot pay the
fine. . What is to be done in the case
under the ordinace.
The court cannot impose any impris-
onment, for the ordinance says moth
ing about any alternative proposition,
and if Jones refuses or cannot pay the
fine imposed, the city will be forced to
bring a civil action against him to en-
force the payment of the fine.
Other attorneys interviewed express
ed the opinion that the failure to place
in the penalty section an imprisonment
proposition to be enforced in case the
fine was not forthcoming, rendered the
ordinance practically unenforcible.
The measure was carefully drawn by
Assemblyman Albrecht and introduced
in the assembly in May last. 1t was,
as all other ordinances of public inn
portance, batted back and forth be-
tween the branches, and three months
after its introduction was finally pass
ed. During that time it was once or
twice referred to the corporation attor-
ney for amendments, but the particular
point raised, as mentioned above seems
to have been overlooked Intentionally
or otherwise. The new ordinance car
rles with it a clause, repeating all other
ordinances of a like tenor, and the
practical result, according to a concen-
sus of legal opinions outside of the cor
poration attorneys Office is that the
city has no ordinance at the present
time which restricts or regulates the
riding of bicycles on the public streets
Or sidewalks of the city. It is worse
off than ever because it has an ordi-
nance, pronounced no good which wipes
out any other that the city might have
fallen back on. 1t was remarked yes
terday that sit is simply one more OF
the brilliant enactments of the present
brilliant city council"