New-York tribune., 1907-08-14
MULCTS AUTO SPEEDERS
Special Sessions Judge Refuses to
Recognize SO Limit.

Notwithstanding Justice Truaxs decision. handed
down in the Supreme Court of Manhattan. few
days ago 20 the effect that the Court Of Special
Sessions has no Jurisdiction try motor vehicle
cases and that they must be disposed OF in the
magistrates courts. and. further, that no greater
fine than SO shall be imposed. the justices of the
Court of Special Sessions for Queens sitting in
Jamaica yesterday continued to try speed law cases
and imposed fines greater than SO
The reason given MAS that there wa nothing in
The statute show that it the iT'>.. OF the
1essslafIrTe that red law gioatOrs shor.s not be
punished zwice. BY the state and once by the
CITY or village NH.rein a separate ordinance snail
have hee enacted. If the Legislature intended any
such thing tia: the automobile speeder IS ez-
pected 10 saze tie woods VIXEN pursued by po-
ucernen O. deputies The substance Of Justice
F-ferai,4f's opinion follows. and is of Importance
because autom obile speeding upon Queens County
good roads is commcner than observance of the
speed laws
In sfs absence OF any statute upon the subject
Of motor eehicles the city might have passed an
ordinance fixing their speed within any limits AND
imposing for its violation a punishment heavier
Than is now provided for in the statute law such
an ordinance being subject only to the review OF
the courts as its re1sonableness But the Leg
islature by act OF 1868 expressly takes away
from cities and incorporated villages the power
10 enact ordinances that reduce the speed oi such
vehicles lower than the stase allows by the act
As hearing upon the question this supstanua4iS'
is an lhe does Such provision does not Imply
shat ordinances consistent with the limitation
should be treated as exclusive legislation upon the
subject and there is not a word in the act eH-
z9ressly declaring the state law 20 become lnoper
asive in cities that mty pass such ordinances
Unless il is clearly the intent of the Legislature
70 withdraS- the law of the state from all cities
ood villa - that enact ordinances containing the
limitations referred 10 the state law should pe
held to apply all such cities. and all such or
dinances consistent with the state law should oe
held as running concurrent OF course, If this be
So il leaves the offender liable to two punish
raeurs but there nothing extraordinary in this
and there nothing n the act of 1904 to Indicate
.fhar this result was not intended. The provisions
70 the effect that new penalties to be fixed by
ordinance shall supersede those fixed In the act
mean ONLY that the cities passing ordinances upon
rhe subject shall not be held down TO the precise
rTnishments mentioned in the act, but that each
CITY shall determine for itself what penalties are
reasonable TO protect itself against the violation
OF its police law
Until the Appellate Division construes this act
Of 1908 I think st proper for this court to act IN
these cases as il has been doing.
Eight autornobflists were fined for speeding their
cars at from twenty-five forty miles an hour
Alton Emory, a chauffeur. Of No 1s1 West oith
street Manhattan and Hartman J. Evans. OF
Woodrnere Long Island were fined s25 each for
speeding at forty miles hour on Hoffman Boule-
ward.
The following were fined $40 each: John Burgess,
of No. ls0 West Goth street, Manhattan; Thomas
p Hooper Of Locust Valley. Long Island: VIII
tam Boydell Of Lawrence. Long Island; Robert
Anderson. Of No Sal West 4eth street, Manhattan
Thomas Townsley. af No. S East 6sth street Man
haitian and Robert Marshall. Of No $50 Atiantc
avenue. Brooklyn