Los Angeles herald., 1905-11-08
OFFICIALS LIKE
SPEED DECISION
EMPOWERS CITIES TO CURB
MAD MOTORISTS
If Appellate Court UphoIds Ruling Of
Judge Taessrt Police Departs
ment viii Be Able to
Make Cases

The decision of Judge TaggarJ OF
Santa Barbara, in which he declared
that the state automobile law is un-
constitutional when it places a higher
speed limit than that allowed by char
tered cities, sustaining a decision of
the Justice court in the case of the
people VS.. r. Gano, charged with vio-
lating the speed limit set by the city
odinance, threatens to stop the careers
of some of the Los Angeles "chug-
wagon" speed maniacs.
According to number of men inter-
ested in enforcing the local speed reg
ulations, the decision constitutes the
city council a legislative body and
gives it power to make the speed laws
and fix the penalty for their violation.
Says City Law Is Good
A. p. Fleming, secretary of the local
automobile club, said: "The decision
settles a question Of dispute among
many owners of automobiles. 1t es-
tablishes the fact that the city can
make it's automobile laws and make
them as severe as it pleases.
1.-THE laws of the city as they are
are good laws as far as the speed
limit is concerned. The penalty, how
ever, should be more severe. If some
of the millionaires who overspeed
their machines in the downtown dis
tricts were sentenced to imprisonment
they would soon obey the law. 1t Is
the rich men who more frequently vio-
late the law and fine does not have
the effect on them that 1t does on the
poor men. They know better than to
race through town at a speed of twenty
miles or more an hour but they do 1t
regardless of the law.
"The police department unavoidably
allows many violators of the speed
law to escape. The police try to make
cases but have no practicable means.
When they get motorcycles equipped
with speedometers more convictions
will be gained.
Chief AubIe Approves
Judge Taggart clears the way for
prosecutions and the advent of the
motorcycle will make them more nu-
merous. A few convictions under
rigid law, which we can now have,
will do away with the speed maniac"
Chief of Police Auble expressed
practically the same opinion as Mr..
Fleming. He said: Judge Taggart
has closed the last loophole for the
evasion of the law by the automobile
speed maniacs. All we need now Is
a few good motorcycles with speedo-
meters so that we can be able to swear
as to the exact speed the scorcher is
going and we will be equipped so that
we can make our cases.
cat present our cases are made un-
der the state laws which are not as
rigid as the city ordinance in that they
allow a maximum speed of fifteen
miles an hour where the city ordinance
allows but twelve.
1.-The decision cannot effect u.s. how
ever, until the prosecuting attorney
advises us to make cases under the city
ordinance"
Decision Is Important
Assistant City Attorney Goudge
said:
1.-The decision settles the question as
to the right of a chartered city to
make it's own speed laws. 1t is an i'm
portant decision inasmuch as it places
the city council in a position where
1t can make laws Independent of the
state laws. 1t allows the city ordi-
nances as they stand to supersede the
state laws in regard to speed"
Prosecuting Attorney Frederickson
says the decision will not effect the
manner of procedure in the prosecution
of speed violators until it or similar
decision has been upheld or set aside
by the appellate court.
1.-The decision cannot be accepted as
more than a guide until a higher court
has upheld 1t. In all probability the
question will soon be decided in such
a manner as to become authoritative.
Some one convicted under the state
laws will appeal the case because of
the decision, or some one convicted
under the city ordinance will appeal
because Judge Taggart's decision is
not authoritative. In either case it
will be settled.
Imprisonment Effective
"I am prosecuting speed law vlo-
1pt F1nVs -
continue to prosecute under ii until it
is declared unconstitutional by one of
the higher courts.
II believe the state law Is unconsti-
tutional and I think it will be super
seded by the city ordinances in a
short time. This decision will hasten
the final decision.
1.-The city ordinance has an imprison-
ment clause in the penalty for the first
offense. This is not a part of the
state law In this respect the city or
dinance is more severe.
lone or two cases of twenty-day i'm
prisonment sentences should have an
effect upon some of the law breakers.
That part is left to the judges. If
they see fit to imprison a man they
can do it. 1t can be done also under
the state law but not for the first Of
fense.
Thinks Law Constitutional
"The state law regarding the speed
of automobiles is, I believe, constitu-
tional, and 1 think the supreme court
will sustain the law" said Deputy
District Attorney Mccartney yesterday.
in speaking of the opinion handed down
by Judge Taggart of Santa Barbara.
Attorney Mccartney was one of the
foremost workers in securing the pas
sage OF the automobile law and his
knowledge Of the subject was through
personal experience.
1.-The auto bill was introduced to the
Legislature by Senator Chas. Shortridge
of Santa Clara 1t was called a bin to
regulate the operation of motor vehi-
cles on public highways. IT applies to
all motor vehicles of all kinds. sizes
and descriptions, and is, therefore,
general law covering the whole Of
class, which makes it constitutional"