The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-13
law BY CHIEF GOSS
ISSUES ORDERS TO ARREST CYC-
LISTS RIDING ON SIDEWALKS
WITHOUT LANTERNS.
ORDINANCE MAY BE INVALID,
BUT HE WILL ENFORCE THE ONE
WHICH THE PRESENT ONE
REPEALED.
NOBODY RIDES ON SIDEWALKS,
But If They Did in Outside Prohib-
tied Districts, and Were Arrest
ed, Might Get Damages.

Chief Of Police Goss does not pro-
pose to stand by the decision Of Judge
Twohy invalidating that portion of the
bicycle ordinance requiring wheelmen
to carry lighted lanterns after SUM-
down, and late yesterday afternoon is
sued an order instructing patrolmen
to arrest all persons riding on side
walks after dark without lanterns. The
position taken by the chief does not
ignore the municipal court decision in
its entirety and will not effect riders
who keep TO the streets. So far as the
latter are concerned they will be free
from police molestation, but those US
ing the sidewalks, even in districts
where riding on the walks is permitted
must, according to Chief Goss' order,
be equipped with lanterns or run the
risk of being arrested just the same
as before Judge Twohy's decision was
made. If the municipal court refuses
to allow prosecution of any such
bicyclists taken into custody by the
police department, Chief Goss declares
that the matter will be taken before
the district court.
The above attitude of the police de-
partment will be maintained only I'M
til some provision is made by the
council relative to the section Of the
present ordinance rendered invalid by
Judge Twohys decision, either by
amendment or the adoption of a new
ordinance. The determination to con-
tinue the crusade against cyclists who
utilize the sidewalks after dark without
lanterns, is an arbitrary move of
his course upon the ground that
pedestrians must be accorded some
protection, at least, and that for the
police department to permit riding
upon the walks without means of
warning foot travellers of the approach
Of bicycles, would be a great menace
to personal safety. There is nothing
In his attitude, Chief Goss says, in
the nature Of defiance to the court, but
simply a desire to protect the pub
lie. With this desire in view, it is
claimed by the chief that patrolmen
may arrest those persons wheeling
upon the sidewalks without lanterns
under the provisions of the old bicycle
ordinance. Chief GOss doesn't mind
the fact that the recently adopted or
dinance contained a clause repeating
all previous ordinances relating 70 the
regulation Of bicycles. So it is that
the police department will have no
foundation whatever upon which to
base it's arrests and will Furthermore
lay it's individual members open to
civil damage proceedings.
The municipal court has regularly
and legally decided the only section
OF the bicycle ordinance pertaining to
the carrying OF lanterns, under any
conditions, to be invalid because Of the
time qualification, and under this de-
cision. 1t is claimed there is no law
whatsoever, at present in force, which
touches or in any manner applies TO
the carrying Of lanterns. The fact
that cyclists are PERMITTED the use Of
sidewalks in certain districts, it Is
claimed, does ont effect or give the
police department the right to qualifg
the ruling Of the court to meet indi-
vidual ideas. Section 5, containing the
regulation concerning the carrying of
1nterns, has been declared to be
holly invalid it is urged by cyclists,
al neither. Chief Goss nor any one
- has the right to place any other
construction upon the action of the
court. The decision. 1t is held. further.
has removed the burden attached to
the carrying, OF lanterns, and, until
other provision is made by the council,
or the decision reversed by the higher