The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-25
CYCLISTS. TO INSIST.
Will Again Try to Secure Per-
mission to Use Walks.

Bicyclists expect to make fight be-
for the passage of the ordinance which
viii allow them to use the sidewalks
where the streets are not paved. City
Attorney Spencer. like other city attor-
neys. has ruled that the bicycle is
vehicle. and can not therefore be given
a right of way on sidewalks.
p. H. Forbes and Fred Slater, the
attorneys who are representing the BIZ
cyclists. have presented to the city at
tOrney a brief in defense of the pro-
posed ordinance 1t sets forth the law
in the case. and shows that in many
courts the position of the bicycle riders
in regard to the proposed ordinance has
been sustained
The principal objection to the ordi-
nance proposed has been that in case
of an accident due to a collision of a
bicycle rider with a pedestrian, the city
would be held liable, and not the rider.
The attorneys for the bicyclists contend
that the city is not liable in such
case. crowded the laws impose reason
able restrictions on the bicycle riders.
The proposed ordinance provides nu-
merous restrictions. In the first place,
the bicyclist who desires to ride on the
sidewalk where there is no pavement
must get license from the city. and
pay VI ., year for it. He must then
obey the following rules. while he will
probably violate more often than the
keep off the walk ordinance:
He must dismount whenever he
passes a pedestrian.
He must not ride faster than six
miles an hour in day time or four miles
an hour at night.
He must carry a lighted lantern on
the front of his wheel at night
Probably the strongest argument in
favor of the ordinance is that the BIZ
cyclists will ride on the sidewalk any
way and It would be good deal bet
Fer. IL,
tions-which sounds like the anti-pro-
hibitiOn argument
The position which the attorneys for
the bicycle riders take is there is a diff
ference between vehicles. and that
while it would be improper to allow
large vehicles to use sidewalks it is
considered entirely proper for small We
hlcles such as baby carriages, carts,
veloclpedes and tricycles to use the
walks. IL Is claimed that the bicycle
really takes uD less room than any of
these small vehicles. and is no more of
a nuisance.
The strongest decision cited in the
brief is in a Michigan case that of zee
vs.. Port Huron. decided October %. 1901.
The city of Port Huron has 0000 popu-
latlon, and passed substantially such an
ordinance as the Topeka bicyclists want.
In the decision the court says:
Charter power to regulate the use of
sidewalks authorizes an ordinance per-
hitting the riding of bicycles on them
where such act will not amount to a
nuisance
ITO ride a bicycle upon a sidewalk
may not be nuisance where to drive a
horse and wagon upon it would. a
baby carriage is a vehicle but is not "A
nuisance upon either street or sidewalk
The riding of bicycle upon sidewalk
is not an unlawful act at common law.
one riding a bicycle occupies no more
space than he would walking With
proper care and proper warning there
passengers, or any others lawfully US
ing the sidewalk. The charter of the
defendant expressly confers upon the
common council the entire control over
streets and sidewalks, and power to reg
ulate the use thereof. What would be
a nuisance upon a sidewalk continually
crowded by foot passengers would not
be nuisance upon a sidewalk where
there is little travel The bicycle has
become almost a necessity for the use
of Workmen, clerks and others going 10
and from their places of work. Where
the streets are unpaved. they are often
times impossible for bicycles, and it is
entirely proper for municipalities to per-
NIT and regulate the use of sidewalks
i'm such cases.
cycle riders in Topeka who would pay
the 81 license fee and obtain permission
to ride on sidewalks where there is TO
pavement. This would bring in quite
handsome addition to the revenue of the
city and no matter how many people
may be killed or crippled for life the
city needs the money. This is the final
and unanswerable argument for the pro-
posed ordinance.