The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-08
AuroIsrs AND THE Law.
club Members Listen to Advice From Their
Counsel.

W. W Niles the corporation lawyer and
counsel TO the Automobile Club OF America
made an address before that club last night
on the subject OF the automobile laws no"
! operative.
MIR. Niles raid that since the speed laws
went into enect he had been called upon to
defend many Automobiles and had had
some personal experience. He said that tho
most Illogical feature OF any laws is that
which sets fixed limit OF speed because a
/ person meaning to be law abiding may I'M
/ Willingly violate the Law when running down
hill He suggested that in place OF the IN
| flexible law there should be one making II a
/ misdcmeanor for any one TO drive at reck-
[ less speed and endAnger others. Under
/ such law the penalties might be increased.
he said.
In the opinion OF Mr. Niles there are now
too many statute laws, and there are ana
have been sufficient provisions In the statutes
against reckless driving without any speclai
enactments for Automobiles. He then
called attention 10 certain sectors oi tn ne
Penal code particularly that relating 10
q ssault and cited that a menace constitutes
an assault aud has been so held by, the Su.
preme Court IN a case as WheT9 I mo anotber
and although he did not actually, hlt the
other vehicle the menace was held 70 pe
an assault Similarly. II was argued, ~
might DO held 10 be a assault when an auto
mobile was running toward person or
vehicle in a menaclng manner. .,....,-
MIR Niles said that in most cases the courts
treat automobiles as being on tue same
terms at law with other highway users an
recommended that the automobilists should
not attempt 10 test the constitutionality OF
tho special statutes relating TO motor cars
and to have It overthrow on the ground oil
being class legislation He said that there
is no specific provision IN the constitution
against class legislation and that in his opin-
ion the law providing for ne licensing OF
motor cars is not unconstitutional
Mr. Niles had considerable fun in discussing
the various situations that arise through
arrests for violation OF the speed laws and
comm ented upon the unanimity with which
officers will agree that an offender was trav-
cling at. stated pace a nnanimity that
He recommended for the automobiles
a. a general policy that expressed by the old
flag and motto OF South Carolina, showing
a rattesuako coiled. with the motto Don't
tread on me He said that Automobiles
should be very meek and quiet unless trod
upon or imposed upon. and they should then
resent II in very lively and effective manner
Following MIR Niles's address ihere was
dtlscg ssion with questioning 4 Of the Lecturer
emphaticaly that the clubs counsel advo-
Gates that sufficient law is now found In the
general highway statute which provides that
no automobilist shall drive al a rate Of speed
which endangers the life or limb Of any per
son or endangers any property Antomo-
ion remains on the statute books he argued.
because such an elastic provision is the only
sensible and practicable one
Shattuclk said that most Of the troubles
of automobilistsyls due to the fact that a il do
not drive with judgment and discretion.
A.. one cannot tell what a horse or person l.
going to do car IN the city streets should !
alwnys be driven 80 carefully as to be under |
perfect control and under such circumstances !
n IL not In accord with good judgment and |
discretion to drive car a. fast as tho law |
allows, he said on the other hand. good |
Judgment and discretion will permit OF faster |
driving on open, straight roads thun the law |
allows.
In city streets especially, Mr.. Shauuok |
said Judgment and care should be exercised, !
bee ausc the automobile is an insidious vehicle. !
and IL Is often going faster than its driver !
thinks II is He added that most Of the ad- /
verse legislation is due to the lack OF ludg-
ment With which motor cars are driven in
cities and villages,