New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-07
CYCLISTS AND THE SPEEDWAY
JEwELLER CARRIES A TEST CASE. TO
THE POLICE COURT.
MAINTAINS THAT A BICYCLE rs VEHICLE IN
LEGAL SENSE AND. NOT BEING sPE-
cIALLY MENTIONED IN THE ACT.
CAN BE RIDDEN on THE
DRVr

ease interesting to all bicycle riders and owners
~ thoroughbred horses came up before Magistrate
Wentworth In the Harlem Police Court yesterday.
II involves the right OF bicyclist 10 use the Har-
lem River Speedway. which thrown open TO the
public last Saturday afternoon William S. Doll. a
manufacturing jeweller, OF No. 10 Maiden Lane who
lives No. i5j West Ono hundred ffth-st.
aid who mad been arrested for violating the rules
adopted by tho Park Board for governing the use
OF the driveway. b." riding q bicycle on H. was the
man who raised the point 70 his rights.
Before the Speedway was opened the Park Board
adopted rule for It's governance. which read
The OF the Speedway is restricted to Ugh.
vehicles Of the class known as hughes, runabouts
surveys etc. adapted to the speeding OF light har-
ness horses. seating not more than four persons
and drawn by one or two horses penalty OF so
or less provided for violation Of this rule
When the Speedway was opened last Saturday Doll
took spin along II. lie told by The mounted
policeman who saw him to get of the road but he
maintained that he had the right TO ride on the
Speedway. As he insisted on staying on it he was
arrested and taken the West One-hundred-and-
iifty-second-st. police station. Doll insisted 10
Captain Kirschner that he had the right to ride
on the roadway. but he discharged because 1t
thought that he ignorant OF the rules.
on Tuesday Doll got on the Speedway again. He
had wheeled only ffteen feet when he stopped
10y Mounted Policeman Murphy who ordered him off
DOL refused 10 go ana was arrested again W men
taken before Magistrate Wentworth in the Harlem
Police Court he cited Section OF Chapter VIII %
tho Revised Statutes % January. 1894. amending
chapter CT OF the Laws OF 1893. provi1ng for the
layng-out Of a public driveway IN the city Of New
York. This chapter reads follows:
The said Department Of Public Parks shall lay out
as part % said driveway sidewalk. not less than
ten nor more than thirty feet on each side Of the
driveway, for The convenience OF foot passengers
ara shall provide for and construct bridges over
sinh Ilrtf,~ fha 1rf
same may he crossed. otherwise. win tho eXcep-
ton as 10 the said sidewalks. bridges and suhways
no portions Of he said driveway shall he used for
any other purpos" than for riding by equestrians
and driving OF carriages and an trucks carts and
vehicles OF al kinds for transportation OF me-
chandse or freight Of any description shall be ex-
Guided tberefrom
Doll maintained tina, bicycles not being mentioned
they not in the prohibition. A long discussion
orsued between the ieweler and Magistrate Went
worth as to whether bicycle vehicle or
not Doll maintained that bicycle mucn
Of ychicl" a doScart in the legal sense. He was
- inslstcut "a, Magistrate Wentworth finally
said.
"lt- plain hat you and do not agree as 20
what Constitutes vehicle. maintain that a bi-
cycle is nor vehicle You are entitled 70 your
opinion and am 10 ny own
Doll demanded certified cory o, tho rule pro-
and oil this the Magistrate lsked him to present 20
To" court the law h" had c.ted. Doll had copied u
o. p.'ce o. paper and had read +; from thl,
III" az" vent over until to-day.
'ap'din kirschncr. who vas In court. told the
ci-on. a. b." expected great deal o. trouble from
olcyciists. lie thought that Dolls case test
ami fnaf hlry~iisfs were only waiting swoop down
on tho Spocdvay \ large number OF horseovnera
arc determined 10 nrevent hicvcsts from using tho
SCeedway. Doll sad he st'l maintained that nj
e,ci.s'. al 4 legal right on the Speedway and he
would fg1' thc rase - an issue