The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-31
rHE BICYCLE ON rHE ROADS.


cent Decisisa ia the ChIlds Case.
To TEN Enron or THE SrN--SG. Some
statements In an article published In your
local columns on Oct g. entitled "Cyclists
and Roads" seem TO m. TO be- based upon a
misoon crption Of the law a. well as a lack OF
understanding of the real Interests Of wheel
men.
The Chfld, case referred Ia in that article.
VA. oaroSulIr o,ns,d.rad In all its bearings
"s o"reiu''y conS1ue'e. III ~. ~, ~
oy the executive oomm,,toe Oh ,.e ~ ~. ~
arrest. md 4, waa decided 10 take no ofYicial
action IN rss. I'd ,hcr.tn While II was known
~ ,ha , )" a., ,nsr. Sas mn valid ordinance
exclude wb.elmen from the Ocean Parkway.
and that the Liberty bin and the Collins law
could not see how any substantial rights OF
wheclmen were infr,nEed by compelling them
w Net - w W.. ~, ,..-,d a nd rms parallel
one Of the best IN ,ne worln' anu 'uns a,,'rsa
TO the Parkway This Cycle path was 'rSuIeu
md their money helped 10 build It: and II is
now ,nu'n."'neu " anv p a.a cindsd there
from No doubt whsslmen can ride upon the
Parkway. il they insist but why should they
prefer that to tn. cycle PATH Thi. is one q!
the mysteries ~ this oase
IN. decision did not demonstrate. as sug-
ues,ed by Mr.. SchwaIbach. that wheelmen
cannot DE- eSclnnro rom puunu ~ thn III
II only demonstrated tha' no long as ."s i''p
erty bill and the Collins la" remain IN force.
as ~" .""" ,ian nv this PARKWAY.
IRON ON, S.i"n r y. nnss,sia,mrs may n, ANY
The iuet IL INA. .hs 'SSs'aaa IRE go as TO
exclude bicycles OF other classes OF vehicles
from ceruuln stretts. the only Limitation upon
the power Of the Legislature ia this respeet
that a the rtstrictions shall be reasonable; In
the Speedway case this power was expressly
upheld. and The court said that me Lio: :pn
fctrd with IT,. later act; Anumber OF years I,
adopted regulation eHclndihg wnee ~ y,
was sustained BY Mr.. Justice LAWRENCE, ana
by the General Term. on appeal the alper,y
bin WIS passed 70 overthrow TINS Gec aS !;
s aH~ ss on "ndo and s ali tsas Il viii have
to place bicycles where they were before tne
passage OF the Liberty bill ana the collins
ures. or to pass laws in conflict with them; nj.
The learned Judge who decided we ~, ani tSs
case on appeal Is reported 70 nave saiu {has .r
to t pass laws excluding certain classes Of We
that the Judge made any such state ,e.
issues in the case before him. and am salts
fed would not have been made after more
mature deliberation.
The right to create and maintain highways
devoted 10 certain kinds Of traffic 70 the eI-
Cl,,son OF other kinds has always been sus-
tanned in every court whore the question mas
been properly ut issue. The construction ana
mainten ance of sidewalks IL sustained only
upon this principle. 80 with the HARLEM
Speedway. and with the other highways OF
that class SO with the park drives, and SO
with side paths. All these are public hlgh-
ways in the largest sense notwithstanding
that they are devoted TO certain KINDS q
traflc, in a late ease, one OF our courts said.
in speaking OF side paths, for bicycieG:
way may be public though suitable only ior
foot an md hnraeS when not suitable LOT