New-York tribune., 1903-07-11
BAILEY Law UNDER FIRE.
Dealers and Club Join IN Declaring
1t Unconstitutional

The constitutionality OF the Bailey automobile
law the subject Of a special attack in the
Court Of Special Sessions yesterday. While the
trials of two men charged with operating auto
mobiles without licenses were being heard, two
attorneys. representatives Of the National Asso
citation of Automobile Manufacturers and the
Automobile Club of America. made arguments at
tackng the laws constitutionality. The two at
torneys Charles Thaddeus Terry, for the
National Association, and w w. Niles. jr, for the
Automobile Club Of America
Claude Farr, OF No. 1856 West One-hundred-and
forty-ffth-st was arrested last week. charged
with running an automobile without the number
of the license the machine In the police court
he defended by Thomas ]. Cherry. who filed
demurrer to the complaint, declaring the law
constitutional
Mr.. Terry, in arguing in support Of this conten-
ton. asserted that the provision requiring regis
tration by owners of automobiles was unconsti-
tutional and void because the requirement of
fee for taking out the certificate made, with a
personal property tax, double taxation. The auto
mobile was taxed as personal property, and under
the Bailey law the taxed again for the
privilege Of using it. Under the State constitution
a statute imposing double taxation is void
Again, the act Disseminated between different
individuals in the same class IN that il required
all owners, save dealers. register. pay the fee
and put a number on the back Of the machine
This discrimination violates the act.
In this case" he said. the legislature is not
to blame. The Automobile Club of America said
70 the legislature that it wanted this bill passed
and the legislature asked. Who knows what
good automobile law is if the Automobile Club of
America doesnt?"
The case OF Farr was then adjourned. and that
against James McWilliaIns. OF the same nature
taken UP. Mr.. Niles, for the Automobile Club of
America, first said:
The law is contrary to the Fourteenth Amend
ment OF the Constitution, and in Section of
Article Of the constitution OF the State of New
York is repeatedly held that class legislation dis
eliminating against some and faYoring others is
thls very Ihing-Walch the courts decide the legis-
lature cannot do.
This statute is also unconstitutional beoause it
oePrlVes citizens OF liberty and property without
due process OF law, IL that IL makes il a msde-
meanOr not only 10 infract the law. but violate
any ordnance, rule or regulation adopted by the
authority OF any municipality commissioner,
trustee other authorities of any parkway or
driveway, ana subjects a citizen TO possible i'm
pTlsOnmenI OF thirty days and to loss of the right
70 operate an automobile for such nfraction Vio-
latlon- The force OF this objection viii be appaT
ent when II IS considered that of the ordi-
nances now before the Board Of Aldermen In this
tion rather than IN another when winding a cor
ner and carry Tenders in front. like streetcars
and TO carry almost many cOlored lights a
japanese tea garden, and other ridiculous and
EenselesS regulations, which may perhaps be
adopted. and an infTaction OF which could not by
rnlsdemeanOr or an adequate reason for incarcer-
atng the offender in 5ail by depriVing him Of his
right 10 operate an automobile
Deputy Assistant District Attorney Studin, who
was prosecuting the two cases. held the law con-
sdtutional- The cases were adjourned indefinitely.