The Washington times., 1901-08-20
THESPEED OF AMBULANCES
Attorneys Opinion Relative to
Exempting Certain Vehicles.
The Amendment to the Police Regu-
1atiOns Proposed by Commissions
er ROss-The Law Quoted, With
Court Decisions on the Subject.

Oh ID Health Department and hospitals,
and the hurry up wagons of the cleo
trio railways from the speed limitations
imposed upon other vehicles was drafted
a few days ago by Commissioner Ross.
He then forward the draft to the At
torney for the District, with a statement
that the public convenience seemed to
require the changes proposed and asked
him for his opinion regarding the draft
prepared and whether the Commissioners
had the right to promulgate such regula-
tons. The proposed order was:
Vehicles of the police, fire, health. and
water departments and hospital ambu-
lances shall have the right of way in the
streets over all others, and the sounding
of the bell or gong thereon shall consti-
tute a warning and direction to other We
hicles and pedestrians to clear the road. In
cases wherein the emergency is so great
that more than ordinary speed is required
to save human life or to prevent great in
convenience to the public, the regulations
limiting the speed of vehicles shall not
be deemed to apply to the vehicles above
named, nor to those of the street railway
companies called to make urgent repairs.
The Attorney, A. b. Duvall, thus in
structs the Commissioners:
You direct my attention to the provi-
sions of section IL of the act of Congress
approved July 20, 1892. commonly known
as the peace and order act suggesting
that therein Congress appears to nave
legislated upon the general subject. Inc
section reads as follows:
Sec L. That 1t shall not be lawful
for any person or persons to ride OF drive
any animal of the horse kind in or on
any street, avenue, or alley OF the cities
of Washington or Georgetown at rate
of speed exceeding eight miles per hour'
nor cause any such animal to turn any
corner within the said cities at a rate
of speed exceeding four miles per hour,
nor to ride or drive any such animal in
or on any road or highway in that part
of the District of Columbia lying outside
of said cities at rate of speed exceeding
twelve miles per hour Any person vio-
lating any of the provisions of this act
shall forfeit and pay fine or penalty
of not more than s25 for each and every
such offence.
II am of the opinion that these vehicles
are not and were not intended to be
within the purview of said act of Con-
gress. By act of Congress approved June
o. 1887, the Commissioners were author
lied to make police regulations -tamong
lElUBS1 10 regulate lNe
of vehicles on the public streets and ave-
nues for the preservation of order and
the protection of life and limb.
by its joint resolution approved Feb
ruary 25. 1899, Congress authorized the
Commissioners to make and enforce
police regulations necessary for the pro-
lection of lives, limb. health. comfort,
and quiet of all persons. and the protec-
of al ~ xxftt, in fric
of Columbia.
Our Court of Appeals in Railroad Com
pany vs. District of Columbia sustained
the police regulation requiring steam rail-
road trains to be stopped before
crossing other railroads operated by
steam, cable, or electricity, and held
that while railroad locomotives and cars
were not vehicles within the meaning of
the act of June 26. 1881, that the Commits
sioners. nevertheless. were authorized to
make the regulation under the grant of
powers contaiEed in the joint resolution,
saying, among other things, that it was
clear that Congress intended thereby to
increase the powers of the Commissioners
to the full extent of those frequently, If
not generally. entrusted to municipal
corporations
THE difficulty suggested in your COM
munication, take 1t, arises from the fact
that the peace and order act was enact
ed after the joint resolution, and that,
therefore, Congress has apparently chosen
to exercise its undoubted right to legis-
late itself upon the subject
This supposed difficulty, however, in
my judgment, is more apparent than real
Did Congress legislate upon the same sub
ject matter? 1t is true the language in
said section is general: That it shall not
be lawful for any person or persons to
ride or drive any animal of the horse Kind
at a greater speed than eight miles per
hour But was Congress legislating upon
the subject of the speed of municipal We
hicles and vehicles of the kind described
in your proposed regulations?
1T is well settled and elementary rule
of statutory construction that thing
which is within the letter of the statute
is not within the statute. unless it be
also within the meaning of the Legislature.
THE Supreme Court of the United
States, in United States VS.. Kirby said:
All laws should receive sensible
construction. General terms should be so
limited in their application as not to lead
to injustice, oppression, or an absurd con-
sequence. 1t will always. therefore, be
presumed that the Legislature intended
exceptions to its language, which would
son of the law, in such cases should pre-
vail over the letter. The common sense
of man approves the judgment by Puffen-
dorf. that the Bolognian law which en-
acted, That whosoVer drew blood in the
streets should be punished with the ut
most seve rity," did not extend to the
geon who opened the vein of person that
fell down in the street in fit. The same
common sense accepts the ruling, cited
by Plowden. taht the statute of / Ed
ward H. which enacts that person who
breaks prison shall be guilty of a felony,
does not extend to a prisoner who breaks
out when the prison is on fire-''for he is
not to be hanged because he would not
stay to be burnt And we think that a
like common sense will sanction the rul-
ing we make that the act of Congress
which Furnishes the obstruction or retard-
ing of the passage of the mail its car
rier does not apply to a case of tempo
rary detention of the mail caused by the
arrest of the carrier upon an indictment
for murder.
'.The folly could scarcely be imputed to
Congress. by the general provisions of
said section II, of completely destroying
the efficiency of the expensive Fire De-
partment equipped under its direct super
vision and fostering care, and designed
for the protection of the valuable public
&SS&E>