Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-05
THE AUTOMOBILE LAW
Hearing ], on Rule Issued
Against Commissioners.
CONSIDERED TEST CASE
REGULATIONS ATTACKED BY
OWNERS OF VEHICLES.
Declared to Be Unreasonable, Unjust
and Unlawful-The Commits
sioners' Answer.

Hearing was in progress late this after
noon before Justice Gould. in Equity Court
No. 2 in connection with the rule requir-
ing the District Commissioners to show
cause why they should not be enjoined
from putting in force the proposed horse
less vehicle regulations The rule was Is
sued on motion of Carl ]. Lockwood. The
latter, it will be remembered, complains
that the Commissioners have exhausted
their power in the regulations heretofore
made upon the subject of horseless vehicles
and the regulation requiring the machines
to be numbered. land constituting a board
of examiners, is specially attacked as
unreasonable, unjust and unlawful 1t is
attempted to be pointed out that numbering
will not only not serve any good purpose,
but will tend to prevent the owners from
loaning or returning their machines or hav-
ing the full and proper use they are en-
titled to have of their private property.
Further, it is argued that the requirement
for permit to use the machines Will deter
persons from purchasing automoDlles ana
will interfere with the trial OF the same
by prospective buyers all of which 1t Is
declared, will greatly damage the complain
ant The court Is asked to restrain the
enforcement of the regulations. not only
pendente, lite, but permanently.
Answer of Commissioners.
The Commissioners, in their answer to
the bill Of complaint filed today and read
to the court deny that the PRONUNCIATION
of the proposed police regulations would IN
any way prevent the increase of the busl-
ness of the complainant or cause him any
injury irreparable or otherwise, and. they
say, the regulations will in no manner IN
terfere with the business of the complain
ant, and if the same affect indirectly the
,t.;,, nyv,n
be operated only by competent persons
the regulation properly applied to the pusf-
ness will operate to the safety or any ma
chine hired exhibited or tested ana Tor the
benefit of the complainant.
The Commissioners further say that the
several property rights alleged and In the
use of the public streets are subject at All
times to the due and reasonable control OF
the municipal corporation and the COM
missioners as it's executive officers, under
due regulations which are authorized by
Congress to be provided by them. and they
deny that the complainant has any unre-
stricted right in the conduct of his bust
ness or IN the use of automobiles In, upon
or about the public streets. They deny that
they are about to pronlulgate and issue any
unlawful, void and unconstitutional regula-
ton against the owners and persons who
are engaged in the selling and running OF
automobiles
They further deny the statement of fact
that the only difference between the auto
mobile or motor carriage or electric car
riage and other private carriages Is that
such carriages dispense with the use OF
horses. They say tnat motor vehicles, by
reason of the high power capable of being
used in their propulsion, have been and
still continue to be driven along public
highways and streets in the District of
Columbia at an excessive and dangerous
rate of speed, to the peril of the lives,
limbs and property of the citizens of the
District and that the vehicles, by reason
of the power mentioned, depending upon
the character thereof require competent
persons familiar with the construction of
such machines to some extent, and who
understand the operation of the machinery
thereof, to drive and control the same, and
differ in that respect from the use of other
private vehicles.