The record-union., 1898-09-14
FAST DRIVING MUST CEASE.
so DECLARED CITY JUSTICE
DAVIS YESTERDAY.
He Imposed a Fine of Sixty Dollars
on a Citizen For That
Offense.

B. M. Lelong was yesterday sentenced
by Justice Davis to pay fine OF |oo
for violating the ordinance which pro-
hibits driving on residence streets al
rate exceeding ten miles per hour.
AT Mondays session of the City JUS
tees Court, Mr.. Lelong entered plea
of guilty, and yesterday was the time
fixed for passing sentence. 1t Will DE
remembered that on the evening OF the
Sth instant, Mr.. Lelong, while driving
on K street, near Seventeenth, ran over
V. S. McClatchy, who was mounted on
his bicycle.
Attorney Aram, who throughout the
proceedings, has represented Mr.. Lee
long, asked the Justice in pronounclhS
sentence to consider that from the eVl-
dence taken in the Reese case Mr.. Le-
long was only technically guilty of the
offense, and that all intent to run down
or injure Mr. McClatchy was lacking.
The accident, he said, happened in an
unguarded moment.
In summing up the circumstances at
tending the matter, and in passing
judgment, Justice Davis said:
$50 far as the contention of counsel
is concerned in this case in regard to
this being a technical violation of the
law, it seems to me to be one of the
most aggravated cases that ever came
to my notice in this court.
The circumstances of this case show
that it was a deliberate and intended
violation of the law. There is some
times an excuse for persons under the
influence of liquor or in such a state of
intoXication that they might not be
responsible for their act. While that
is no excuse for violation of law, it goes
in mitigation of the offense.
TT appears that Mr.. Lelong was in
his sober senses. 1t does not appear
that he was under the influence of
liquor, but realized the full responsible
ity of his act Mr.. Lelong in this case
not only violated this ordinance himself,
p but he endeavored to encourage an
other person to do what he did. Mr..
Reese in this case was discharged-I
think properly so. OF course, every per-
son might come in here and make the
excuse that they could not control the
horse or horses which they might be
driving. That might make a differ
ence, under proper evidence, as hap
pened in the case of Mr.. Reese.
This ordinance is one of the best
ordinances in this city as its aim is to
protect the life and limb of pedestrians
and people upon the streets and thor
oughfares of this city.
The street in question is a public
thoroughfare. It is a street used more
than any other street in this city, from
the fact that it is a splendid street to
drive upon, and there are a great many
handsome residences upon it, and many
people travel thereon.
The fact is brought to my attention,
and to people generally, that pedes-
trians and persons riding bicycles upon
every street in this city are actually
terrorized at this time by persons driv-
ing animals attached to vehicles in
reckless and careless manner, and at
an unlawful rate of speed. 1t has been
difficult to make arrests or to appre-
hend the person or persons who vio-
late this ordinance, because of their
swift driving enabling them to get
away from officers.
But in this case we have the proof
very clear and convincing. as far as
Mr.. Lelong is concerned.
Il might say, in this case, that there
is hardly anything that appeals to the
court in the way of mitigation Of this
offense, except one thing. Mr.. Lelong
is an old resident of this city. He holds
a responsible position and is a respect
able and reputable citizen. / know
that, having known him personally, and
his good standing is the more reason
why Mr.. Lelong ought to regard this
ordinance.
LAS l said before, this is a deliberate
violation of the law, and one, in fact,
of a very aggravated character. Yet
ii is difficult, in passing sentence, to ar
rive at just conclusion as to what
the punishment should be. There are
two things to be considered-frst, the
law must be sustained and a proper ex
ample set for persons who are inclined
to violate this very important ordi-
nance, and from a sympathetic stand
point, take into consideration the good
reputation Mr.. Lelong has borne in
the past.
1T is a punishment for him to be
brought into the Police Court. One of
the aggravated circumstances in con-
nection with this case is the fact that
an individual, Mr.. McClatchy, who was
injured in this matter, had a miracu
lous escape. In relating the circum
stances here, it seems miraculous that
he was not either killed or badly
manned for life. That is a. matter that
ought to be taken into consideration as
as an aggravated circumstance in
the case, although it was incidental
to the violation of the ordinance. It
tends to show the danger to pedestrians
and people who ride bicycles. AS. for
instance, there are a great many ladies
who ride out in the evenings, and it
is dangerous TO them to have people
drive up and down the street at such
rapid speed.
Il have given this case considerable
thought and have tried to arrive at a
proper judgment. and l think that a
more than ordinary fine, for violation Of
the ordinance, should be imposed in this
case. and one that should sustain the
law and be warning TO others. There
fore. it is the judgment of the court