The daily journal. (Salem, Or.) 1899-1903, 1901-03-06
NEW OREGON
BICYCLE LAW
Chances Of Paths Being Con,
Structed.
Large, Tax Collected, Under
An Unconstitutional Law
EAc Still on HANDY

II ia improbable that anything VIII
this wear be. accomplished in the con-
struction OF bicycle paths or the i'm inn
provenent Of existing paths in the Will
annette Valley. gThelats legislature en-
acted a bin providing for tax and the
creation Of a fund for path construction
purposes but the courts Of the state
cannot avail themselevs OF the prive'
leze conferred by the McCraken bill
until January, 1902 when the annual
tax levy is made. Hence there will benz
bicycle tex lavied or-collected this year.
The new bill.was very carefully con-
structed, every precaution being taken
that the measure might successfully
Withstand any charge Of unconatitution-
ality that may be preferred sgainstit by
rebellious wheelmen. The law is con.
sidered good one, its iustuess being
apparent in that the tax is in the ma.
ture OF a license imposed upon al who
ride upon and enjoy the benefits of cycle
paths. Owners of wheels, who are un-
able TO make use OF the paths are not
liable 10 the tax so it will be eeen that
the license proposed tn the billais most
fair-taxing only those who In turn are
benefited by the tax. The new meas.
ure lie very generally endorsed by the
wheelmen OF the slate and particularly
in the Willamettes Valley. where the con-
struction Of paths 10 most feasible and
popularity required. No Opposition from
among wheelmen is expected in the OPP
GRAFTON OF the McCraken bill when it
shall go into effect. f"
p The McCraken bill authorizes the
county court TO build, repair and main.
tain paths on either or both sides of all
public highways and within the limits
thereof for the use of pedestrians and
bicycles and to levy at the same time the
regular annual county tax levyis made
a license tax OF 81. TO be paid by every
person riding upon cycle paths. The
sheriff is charged with the collection of
the tax, which II not paid prior TO April
lst., such wheeman shall be liable to an
additional dollar for delinquency. The
sheriff is given power and authority TO
seize and sell as upon execution any BIZ
,ycle for the amount Of the tax and ac- |
,rued costs and expenses Of the seize and ,
Iale and may collect the same from any I
property possessed by the delinquent
vheelnlan in the same manner as are
,ther delinquent taxes. The sheriff re-
.eives no fee fer his services, the collec- 1
ion OF the tax to be carried on in his de-
,artment in connection with other tax
collections. A fue Of $40 or FIVE days in
all or both, in provided for conviction OF
10Y person for injuring a cycle path oc
Who shall place tacks, glass. wire, etc
upon the path.
No disposition has yet been made of
he tax aggregating 1908 rs that was last
rear collected by Sheriff Durbin, from
2S wheelmen, who voluntarily paid the
az, fully realizing that the las creating
was unconstitutional, hut heing anNi'
ms 10 promote the construction of good
,aths ihrous hout the county they gladly
)ntributed the nominal license. Sheriff
)urbin retained possession Of the entire
mount, not turning any into the treas.
ny department. lie has frequently been z
approached by persons who paid their
AK in 1900 asking that the amount al
ho tax, Sheriff Durbin proposes t"l
wait instructions from the same source
efore disposing Of the funds in his pos
esion.