The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-04
CLOSING THE HIGHWAYS.
Can the Public BE Excluded for the Benefit
OF AutomobiIists?

To THE EDITOR OF THE SuS-Sir: The de-
terinined opposition Of the sensible residents
OF Nassau county to the turning OF the public
roads into q race course by few sporty
atomobilists raises an interesting question
of public and private rights. There is no
right more ancient or more universally
recognized than that of persons to travel
the public roads at all times when these roads
are open for the passage of the public. and
each perfon In the community enjoys this
right equally with every other person. 1t
was a right recognized before constitutions
were declared. before governments were
erected and before laws we're enacted. and
It has never been disputed or interfered
with except by aggressors in the commission
Of an arbitrary and unlawful act. The courts
have uniformly held that any wiful and
unne cessary obstruction to this right Is In
the nature Of nuisance, which the authorities
should and will suppress.
A nuisance, IN order to be public common,
must be such as intcrfercs with some public hight.
vested In the community as a legal entity: as by
interfering with the public right OF passage upon
highways. Rivers bridges. DC. tChasc's Black.
stone. page 926: Myers vs. Malcolm. Hill ~
Bradley VS.. People, Sc Barb. 72l
The roads OF Nassau county were dedicated
to public use. and these roads are commonly
used by the residents of that county. who
journey from place TO place TO market their
crops and to transact other business neces-
sRry in the conduct Of their affairs. This
use is now sought to be interrupted by the
widespread distribution of a circular IN which
all residents Of this county and all other the
10 make any use OF these highways whatever:
and this Order signed by an automobile
the public for one entire day the use of about
thirty miles of highway over which thousands
Of people must travel in the transaction OF
for this extraordinary act is that somebody
has offered a valuable prize for which mum
Sed to settle fSs importsnt s compcttion TIE
public roads must be given over to wha, is
neither more nor less than plain public
Wilfany sane person contend for moment
that this act on the part of the automobiles
is either right or lawful. or that the Officials"
posed race. can lawfully deprive the peop"
OF that county from the use OF these roads
for single moment ann aware 0W b ta Wb i
visors Of the different coupties the right to
automobile racing. But clearly enough the
Legislature can pass no law which says to
the people Of Nassau COUNTY you shall not
they were dedicated i" and to the Automobiles
you may use these highways for purposes
~ The ' first article OF our State constitution
provides that mo member OF. this state shall
be ,disfranchsed or deprived of any Of the
unless by the law of the land or the Judgment
OF his peers" The Court of Appeals many
years ago declared that the words Icy OF
which deprives citizen Of his rights; prlyi-
lsrss Or pngrSoncorty. tWynehamer VS.. People.
in the case cited the opinions of the dif-
ferent. Judges cover nearly 100 pages "I tho
oficial report, and will quote very briefly:
Of he or nH proSs Of s a'
the act o. legislation which dcpr'ycs ihc c','
smpc sbsufdy p The consiution Would ihco
mean ,ha, no person shau be deprived Of HIS ptor,
law to eGseiuatc the wrong, and This would be
throwing the restraint entirely away The trge
that where rights are acquired by citizen under
the existing law. there is no power In any branch
OF the government TO take them away ~omS'ooN'
After stating that the absolute rights Of individuals
the right OF personal libert,, tho rrnt 10 ACQUIRE
and enjoy propcriy. he ucfcrrtng TO ChaneeHo'
sidered and frequently declared by the .pcope
Of this country TO be natural inherent and inaAcn-
The opinions of Ave other Judges, writing
In the. same case. sustain tho same principle,
and the law there laid down has been fol
seems. therefore. TO be no fairly debatshie
question between the people OF Nassau county
S n ss % this pa6d for
public use. and this use cannot he denied
to the people by any such procedure a: -
outlined 10 the published Orders OF the
n anything can be learned from the -
can't experience Of other countries, this pro
posed automobile race means that q do2fu.
more or less. Of these heavy power vehicles
will be driven at q rate Of speed eNceedins
q mile n minute. several times over this thirty
tempt to use the road during the time of the
contest and double. peril to domestic, animal.
into the roadway. That this IL sport Of
certain kind some persons profess to be
heve: but that the country roads must be
abandoned by the farmers and all otherS
TO make way for any. automobile race. dan
Gerous or otherwise, IN a proposition which
believe the majority Of our people ere nss
willing q soosgt. R.I- c,
HIWSTOnK .-OctrA -...