The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-24
Motor Commissioner Smith
Caustically Rebukes PhiIa-
delphia Republican Boss.
BREAK DOWN LAWS
Jersey Official Who Can Revoke
Auto Licenses Says Motorists
Must Obey the Law-.Senator
McNichOI's Charge of Cor.
.ruption Net Substantiated.
Especial to .he Evening star.l

his written memorandum denying the
application of Senator James p. Me-
Nichol, of Philadelphia. for the rein
statement of his revoked automobile
license, serves notice upon speed-mad
motorists hat the State automobile
law must be obeyed if they wish to
continue using the New Jersey roads.
Despite the influence that the mil
~lionaire Philadelphia contractor and
Republican boss could bring to bear,
he will not be allowed to motor on
Jersey roads until he evidences a
change of heart and a desire to keep
within the bounds of the law as to
speeding. But the most interesting
part of Commissioner Smiths memo
randum is his rebuke to the Philadel-
phia boss for his unsubstantiated
charge thai the New Jersey officials
were ''holding up automobilists for
their own personal gain. When Sen
ator EcNichol was fined by Justice of
the Peace Carver at Elmwood, he an
nounced in interviews that were widely
published that he would fight the case
up to the highest courts to knock
OUT the fine, which was only for $40
and costs, amounting to about $1S.
Instead of fighting 1t on the merits
of the case, however, he took 1t up
to the Supreme Court on the most
technical of technicalities, and got
a reversal.
Then, the particular Philadelphia
newspaper thai spills black ink every
time the boss opens his mouth, told
the Jersey officials just how corrupt
and contemplate a lot they were, and
how deserving Of stern rebuke were
their efforts to keep millionaire motor
lists from other States within the speed
limit when they honor the State by
motoring on it's roads. The reversal
of the McNichol fine on a pure techni-
cality was hailed as a great victory
over the auto squire" as Justice Car
yer was contemptuously called.
The revocation of McNichoi's license,
the rehearing in the case n the re-
fusal of Commissioners Saith to reissue
the license has all been told gin the
EVENING STAR. but the commits
.sioner's memorandum, as a warning to
all such motorists as Senator McNichol.
makes interesting enough reading to
publish it In part. After reciting how
various friends of Senator McNichol
had interceded on his behalf, the COM
missioner says:
Tit history OF the case is too well known
to need repetition. senator McNichol, upon
the conviction of his driver, Charles A.
Kuch. before Justice of the Peace Carver,
of Mulica Township, Atlantic County, for
exceeding the speed limit, sought to have
the finding set aside by a Supreme Court
Justice on technical grounds only. NO ell
fort was made to test the case on Its
merits, Great publicity was given TO TINS
appeal, it being reported that Senator Nc
Nichol sought to rebuke the local auth2ri-
ties for alleged corrupt practises. 1t was
freely charged that officers entrusted with
the enforcement of the motor vehicle laws
In general. and those of Mullica Township
In particular, were pursuing systematic
eXtortion for their own personal gain. IL
was repeatedly announced that Senator
McNichol had enlisted in a warfare against
such practises, and that his purpose was
to deliver he utomobi1ng pubic from the
grasp OF those oppressive and dishonest
officers.
Senator McNichol secured a reversal OF
Justice Carver's conviction of Ruch solely
because OF defects In the proceedings, and
the constable, the complainant In the cast,
had three courses open to him; he might
begin the case over again; he could appeal
to this department for revocation or GER
tihcate; or both. He chose the second,
and through Justice Carver brought the
case to my attention. Justice Carver al
legged that the finding of his court was
meritorious; that the charges OF corrup-
ton, especially 80 far as the officers OF his
township was concerned, was without
Foundation. that the purpose OF Senator
McNichol was not to protect the right OF
unoffending motorists. but to break down
the law regulating motor vehicles, and in-
dictate a way whereby violators may escape
punishment.
At the hearing before me on the 18th
instant, no appearance was made efther by
Senator McNichol or by counsel represent
ing him, Mr.. Ruch. the driver. who APP
~Aa.AI - k1U go. H. - 1Eo-A 10
license, asked that the case Of Senator Nc
Nichol might be adjourned until such
time as he could present witnesses In his
own behalf. No good reason, however, was
why Senator McNichol was not rep
resented, and the evidence appearing con-
elusive. not only regarding the merits OF
the conviction, but the falsity of the
charges of corruption the department felt
compelled TO view the matter as Justice
Carver did, and exercised its ~prerogative
of revocation of registration certificate,
suggesting. however, that II would be glad
to reconsider the question at any time that
McNichol desired to be heard.
The request for reconsideration was
promptly made, a second hearing took
place on wednesday, the 18th, and since
that time, Senator McNiehol's friends have
ably argued In his behalf. But nothing. In
my opinion, has developed to change either
my former conclusions regarding the just
ness of the original convictions or TO es-
tablish the allegations of corruption. Much
mas ueNelOpeu 10 SuDSldntluIe the charge
of Justice Carver, that the proceedings on
appeal were not for the purpose of re-
versing an unjust verdict, but to Indicate
to law-defying motorists a method whereby
the laws Of New Jersey governing the use
of motor vehicles could be set at naught.
/ am not Impressed with the argument
of MI. Cole, that Senate McNichol was
acting within his moral as well as his legal
rights in securing a reversal on technical
grounds.
IL he a been sincere In his contention
regarding the injustice of the verdict, the
reasonable course would have been to have
impressed with either of his arguments
that the revocation OF the certificate should
not be resorted TO in this instance, even
though the charge of oVer-speeding be
true. While the driver was the technical
v~iolator Senator MeNlchol was In the ear
at the time, and he has since then made
the drivers cause his own; and 1t is the
defiance Of our laws contained In
these subsequent acts that give me most
concern.
1 concede that the mere speeding would
not In itself constitute a case worthy of
revocation. nor can it be possible that the
Justice of the peace was convinced OF the
gravity of the actual violation when he
imposed O penalty OF only one-tenth Of the
maximum provided by the statute.
/ cannot exonerate Senator McNichol of
responsibility for the broadly published
stories charging corruption on the part OF
local officers, and his proclaimed purpose
to abolish oppression Of motorists, notwith-
standing his statement at the hearing that
the publications were unauthorized by him.
AHhite be was undoubtedly technicallx