Middlebury register. (Middlebury, Vt.) 1886-1937, 1909-06-04
FRIDAY, JUNE 4. 1909.
Gov. Hughes Veto.


this state is within the city of New York,
and the Mayor of that city has sent me a
vigorous protest against the provisions of
this bill. And, whatever else may be
said of it, it should not become a law
if it takes away from the authorities of
New York city that reasonable traffic
control without which conditions in the
would be intolerable.
AUTHORITY TO MAKE REGULATIONS.
The present motor vehicle law took
effect on May 8, 1904. 1t is true that
it prohibited, with certain exceptions,
the making of local ordinances. But the
next year, 1905, the Legislature amended
the Greater New York charter 30 as to
give the Police Department the right to
: regulate, direct. control, restrict and
direct the movement of all teams,
horses, carts, wagons, automobiles and
all other vehicles in streets, bridges.
squares, parks and public places for the
facilitation of traffic and the convenience
of the public, as well as the proper pro-
lection of human life and health" and
to that end authorized the Police Com
missioner to make "such rules and regu.
lations for the conduct of vehicular
traffic in the use of the public streets,
squares and avenues as he may deem
necessary" Any prior provisions OF
law inconsistent with this authority
were repealed. The present bill takes
away from the local authorities the
power "to pass, enforce or maintain any
ordinance, rule or regulation
excluding any such owner or chauffeur
from the free use of such public high
ways, or in any other way respecting
motor vehicles or their speed upon OF
use of the public highways" 1t express
ly provides that any ordinance, rule OIL
regulation 'now in force or hereafter
enacted" which is Sin any wise incon
sistent" with the provisions of the act
shall have no effect. The only excep
tons are the powers ~ to regulate
vehicles offered to the public for hire
(2) to regulate professions, assemblage
or parades in the streets of public places
t3) to set aside specified public high
way for speed contests or races and a
to exclude motor vehicles from GENE
teries.
GRAVE DEFECTS.
In short, it would practically abolish
municipal traffic regulations as to pri
vate motor-cars. Anyone acquainted
with conditions in New York city know
how much of the public convenience ant
safety is due to the maintenance o
proper traffic regulations, and must rec
ognize the improperly of making sucl
regulations impossible in the interest O
the free passage of motor-cars. 1t woul,
also appear that under this bill Their
would be no power vested in the locs
authorities to exclude motor trucks O
motor vehicles used for commercial pun
poses from the parks of the city. whic
are included in the 'public highways
as defined in the bill. 1t would depriv
the local authorities of any power the
now possess for this purpose. These de
fects are grave enough to compel tn
disapproval of this bill.
LESS STRINGENT PENALTIES.
But it may be added, with regard t
the general application of the bill, tina
the abolition of specific speed limits
tions and the substitution merely of tn
rule of due care should carry with
stringent penalties in case of negliger
driving 1t would seem that the pena
ties for actually proved negligenc
should be heavier than those impose
for merely exceeding an arbitrary spec
limit. The penalties provided for in tn
bill, with respect to violation of spec
requirements, are less stringent tina
those of the present law.
LIMITS AMOUNT OF BAIL.
The deterrent feature, which is relic
upon to secure obedience to the law,
the requirement of an actual imprisol
ment upon conviction for third offens
And the Importance of maintainin
records of prior convictions is to pa,
the way for this punishment of the col
firmed violator of the law. But IL
present bill limits the amount of ba
which may be taken to 800. Itprovid
that where the Magistrate is withol
Jurisdiction to try the offense, and Il
defendant enlarged with the violation
any provision" of the act is held to a
swer, the Magistrate must admit the
PENDANT to bail upon his giving sure
company bond, or an undertaking, in Il
sum of 500 or upon his deposit of lii