The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-18
CAN'T RIDE ON SIDEWALKS.
POLICE Will KEEP ON ARRESTING
BICYCLISTS VINO TRY IT.

--
They Contend That tho Ordinance Docs Pro-
hlbit n, In spite or the DocI.ion or sInEis-
trato simpn. and They Are Upheld by
Assistant Corporation Counsel Connolly.
II tho bopea Of se,hsb b,cvclists rose yesterday
and tho fears of the non.whoeling community
were aroused by Magistrate Simms's discharge
Of n woman arrested for riding on tho sidewalk.
both classes may compose themselves In the as.
surance TINT Mr.. Simms has NOT. in ono deliver
ance revolpt ionized tho conditions under
which residents of New York live. Not
all. at anv rnte. Of his colleaRuos on
the police bench will rule as no has
ruled in this cnse, and the pollce will not cease
In arrcat neraona who ride on the aidewalka. An
arrcst followed Inv n disoharpe NAV be a less
npnishmsnt than ono where tho ponaltv of the
statute or ordinance ia in eictcd Init It In sum.
cIentlv disconr,oinv To deter most rational moo
ple from counting the experience.
M na.S,,s.. '- s.InIao ~. s..o. ..,,
that no law was violated by any one who rode o
bicycle ON tho sidewalk.
Il know Of no ordinance that covers this
woman's offence" he said. On investigating
inc CITY ordinances, which 4 nave done carefully,
1 nnd no one that covers IT, Inc ordinance
under which action has been taken against b.
~ .,o.s ~. .,s. ~ .n5 u,,r. ., n,,nS, VI !.
ied along the idewaik ana whilo IL might %
not think it can properly DO done. Therefore I
a,.oharn.d 49,
'' Wherever AI III. reporter won't yesterday, h.
found general surprise at tho decision, although
no one in onioisi position wished to criticiso
Magistrate simms, who Is reputed to be- an
acute and able lawyer. At tho Office
OF tho corporation Counsel MI. i. Con-
molly. an assistant who gives attention
no could give no opinion as to this particular
case; he believed that, that the hS,, ss', ,ss Oft, Of the Re,
made. section 2os of Article 10. certainly pro
hibited bicycling on tho sidewalk and provided
tor the punishment OF Offenders against II.
III me language seems 70 90 clear ne ,aia,
or back or lead any horse or any cart or wheeled
carriage on the footpatb or sidewalk of any
street under penalty Of SIS for each offence
THAT has s been held sba to % eyer al al Y1 sssh OF ar0 0Shieles
Of law are Interpreted literally. There
may have been In this instance some
circumstances or conditions that led to the
noctod with this ordinance. Police Magistrates
| sition of the particular case before them, and not
to think Of precedents. as their decisions do not
ma aThse woman Woman. Il sppesrss contended that tho
roadway was unit for t5aye / |. and nd. that she had
4 Iu MI lA"a AZ VIC lOhd ID
impossible people have the right to go
over private property-of course not TO
climb over a mans fence-to get past
the obstruction. don't know that any
such custom could apply here, but one meets
with different practices In different sections.
Out OH tho Boulevard Lafayette one policeman
will tell you 10 take the sidewalk and another
will tell you not to do 30.
at seems 10 me that. aside from the ~particu-
lar ordinance referred to, the general provisions
Of the Code would prevent bicycling on the side
walk. think 1t would be punishable as
disorderly conduct, as much as the act
Of the man who climbed tho cable Of
Possibly 1t might not DO 80 considered In some
OF the outlying districts, but certainly any one
riding q bicycle on the sidewalk Of Madison ave-
nue would DO disorderly and could be arrested
for IL. Az for o bicycle under the ordinance, the
courts have heidi In he matter Of collisions, Tins
vehicles rights In the road"
Police Commissioner Andrews, who is o law
yer and also an enthusiastic wheelman. said
that the case had interested him greatly and
that the decision that the ordinance did not gov
ern in the premises seemed surprising. He
could not, he said, c~riticise Magistrate Simms,
whom he knew TO be a good lawyer and who had
evidently been studying tho question. although
bis own opinion Of the ordinance differed from
that of the Magistrate.
There have been scores OF arrests and fines
OF bicyclists under it." he said, and it has been
held time and again that the provisions covered
all sorts Of gigs wheeled on the sidewalks. de-
livery carts and wheelbarrows, and even the
little trucks that the business houses use to
carry big boxes from tho stores to tho
drays. All l can say is that II tho
ordinance does not cover bicycling on the side
walks it is extremely unfortunate, for II a per-
son may ride u bicycle on the walks he may ride