The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-07
AUTO LICENSE TEST.
Question of state Jurisdiction TO Go Before
u. 8. Supreme Court.

u. 8. Supreme Court.
Stems were BEGIN yesterday TO test the
constit,itionality OF the recently passed ad-
tomobile law In Now Jersey, which requires
all automobilists travelling In that State TO
be re- lstered there and carry the State num-
Der on their cars. The law. which was signei
by Gov. Stoke, on May "a, went into erect
on June 1. and provides that every one driv-
Ing an automobile in the State must carry
their New Jersey license with them and have
its number In numerals four inches high, on
tags on the front and rear OF the car. The
National Association OF Automobile Manu-
facturers questions the legality of this and
has determined to bring test case. which is
to be taken to the United States supreme
Court.
Accordingly Harry Unwin. former secre-
tary Of the association, crossed on the Penn
eylvania ferry from Twenty third street and
drove his oar along Exchange place In Jersey
City from the ferry landing at 0:lb o'clock
yesterday morning. He was stopped In front
OF the Commercial Building at 10 Exchange
place by Officer Thomas Hawkins and In
vited to show his New Jersey license and his
New Jersey tag bearing the State number.
Mr.. Unwin told the officer that he had no
New Jersey license nor tag. but that his
New York number. 1920 was on tag on
the back OF his car. as provided by the New
York laws. Mr.. Unwin was told that he was
under arrest, and Frank H. Hall OF the New
Jersey Title Guarantee and Trust Company.
who made the formal complaint against tho
automobilist az a citizen Of New Jersey.
Charles Thsddeus Terry. counsel Of the
National Association OF Automobile Manu-
facturers and Officer Hawkins got into the
car and Mr.. Unwin drove to the First precinct
police station. A very much bored desk
sergeant asked Mr.. Unwin II his name was
spelled Union. and after the entry hsd
l. ~ atattn hOttA
party went upstairs. where Mr.; Hall made
dss HTn. foa the F e. tmwa c ra.y
the court room who had paid $50 but 9, few
asys sn oF ios and
th thing under his breath. When the party
came inside Of The railing In front q the
were under arrest. but he was informed that
most Of them we're newspaper men m. da ne ne
esd ss IL sd he Wsud
than Is nor more than $50 for violations;
notice Of appeal and fled bond for the
s an %sr Of The fine In discussing the case
"Mr. Irwin was arrested for driving his
providing himself with a New Jersey license
tag viii bs to ths cs
mon Pleas. where we will have the option Of
trying the case all over again and this Will
be done that all the evidence may be fully
entered on the records. Then II will be taken
to the Court OF Errors and Appeals and from
there to the United States Supreme Court
in order to secure a final decision. We will
make the point that II is unprecedented TO
license pleasure vehicle Trolley cars. cabs.
trucks and vendors are licensed but we be-
leve that to require license from citizen
for the use OF the highway for pleasure Is
contrary to the United States Constitution.
Another point which will be brought UP
Is the rights OF foreigner in the State and
sideration. 1t may be that in the exercise
OF Its police power state can require
OF automobiles on account of the great speed
OF which they are capable and the ease with
which they can escape from a police officer.
In answer to this we will set up the claim
that all purposes OF Identification have been
provided for by the tag Of the state in which
the car has been registered. These tags bear
large numbers. in New York. state black
upon a white ground being used.
and the initials of the State are also shown
plainly under the license number. Mr..
Cnwn's car carried his New York number,
1920, and we will claim that IT Ia not In acnord
with the provisions OF the Constitution that
drivers be required to obtain
licenses in every State through which they
wish to drive provided they carry license
tag Of their own State