Middlebury register. (Middlebury, Vt.) 1886-1937, 1909-04-23
FRIDAY, APRIL 20. 1909.
HOW THE AUTOS WORKED
By Frank S. Billings, NJ. D.
WHAT is PROGRESS ?

every idea, winch TENDS TO nelp men In
the struggle for existence, is progressive
and contribution to civilization, while
every such thing as tends towards bis
destruction is non-progressivea and barbar-
ic. That given thing contributes to
the sensual pleasures of man is no indi-
cation that it is a contribution to the
march of progress. In general, such
things, or the use of them for mere
pleasures, is far more destructive than
moral. To the owners and users of hor-
ses, and to most of the inhabitants of
country homes, the auto appears to be
an invention of Satan, machine manu-
featured in the furnaces of hell, and
largely run by imps of his satanic majesty.
Just where the law allows the maximum
of speed, the auto is the most dangerous
to other people, and probably the auto
mobilist as well. In cities, or densely
populated districts self-preservation
forces the automobilist to control his
speed insanity and hence his machine
1t is an ethical law, not well understood, |
that he who controls himself within the
intelligent limits of safety to himself
need give no consideration to others,
except as his own acts may react to his
danger or mis-comfort. The license to
run faster outside of city and densely
populated districts has the effect of license
generally. License opens the door to
1awlessness and anarchy. 1t may give
freedom of action to one class of the
community, but it destroys the liberty
of others.
THE SPEED LAW AND LOCAL AUTHORITIES.
The speed-law permits "city councils,
boards of aldermen and the selectmen of
towns to make special regulations as to
the speed of automobiles on particular
roads or ways, including their complete
exclusion therefrom" under certain con-
ditions.
On the point of complete exclusion"
the counsel of the Massachusetts, Auto
Association 'objects' and says: "When
it comes to the exclusion of automobiles
from the highways and municipalities,
different question arises. There is a
doubt as to the constitutionality of any
statute permitting such prescription.
Highways, which are dedicated to pub
lie use, are believed to be for all people,
not for class, nor for the exclusive use
of the people of a municipality 1t is
elementary to say that the rights of per
sons using the highways are mutual and
coordinate. Everybody knows that it
is the duty of such so to exercise this
right as not to cause unnecessary annoy
ance to any other having a like right
But, to exclude an automobile from pub
lie highways because it is capable OF
being driven at speed greater than any
other class of vehicle, or because il raises
dust, Injuries the road, or frightens horses
or for any other similar reason, would
not, it is believed by many, be sanctioned
by the courts
That Is fair specimen Of the spacious
arguments of a retained advocate.
begs the true question entirely and en-
deavors to throw the fundamental issue
out of sight. There is no doubt that tn,
courts would not sanction the exclusion
of autos from any highways, did tn,
damage done by them stop where thes
statements infer it does.
THE CONSTITUTIONAL QUESTION.
The question for the courts to decide i
not, Shall local authorities have tn
power to exclude automobiles from pub
lie ways on account of their extrem
speed alone, or at all because they rails
dust, injure the roads, or merely becaus
they brighten horses, but because thei
presence on certain roads, in connecto
with the speed at which autos are gen
orally driven on such roads, does fright
en- horses to that degree as to dangerous
ly imperil the lives, limbs and propert
of those using the roads. 1t is the elt
mentary question of the safety of life
limb and property, and nothing else. an
whether the presence of autos, on ce
tain highways, or all highways, is COZ
sistent with the constitutional right
others to use such highways While
is true that the State highways are d.
stined for the use Of all the people, an
at all times, unless closed for cause, tn;
cause is always the safety of those lab
to use them, and not for any class,
that any class should drive others frol
the use of the highways That the n
suit of using autos on highways has bee
detrimental to the lives, limbs and pro
erty of others is 30 self-evident that
cannot be questioned. If 1t is not in Il
power of the authorities to 80 regula
the use of autos on the roads Of the Sta