The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-06-24

provides tnat any person. Suuty Vi ilu-
ing or driving upon the public high
way in manner likely to endanger
the persons or lives of others shall be
guilty of misdemeanor." The general
law of the road is this: That persons
driving in the same direction, the one
in the rear shall have the right to
pass the one in front, If he desires to
travel faster than the one In front OF
him; and in cases of this kind the
party in front snail suffer the one be-
hind to pass. Evidently, the section
Just quoted from would govern where
the party being passed would be
guilty of racing his vehicle for the
purpose of preventing such passage.
The party being passed, under the law
of the road, seems to have the right
OF way, aud it is his duty to drive
straight ahead keeping the track
chosen by him; and the party passing
must look out for himself, and the one
ahead in making the passage. But
ordinary courtesy, aside from this,
would dictate that the party being
passed would assist the one passing
to have a reasonable and safe road
to pass, considering his own conven.
fence and safety.
Section 18TH of the Code provides
that the operation of motor vehicles
on the public highway in towns, will
ages and cities, shall not be at a
greater rate of speed than ten miles
per hour; or elsewhere in city, town
or village at a not greater rate OF
speed than fifteen miles an hour; and
outside a city, town or village at a
not greater average rate than twenty
miles an hour. That upon approach,
ing a crossing or intersection on
public highways or approaching a
bridge or sharp curve or a steep de-
scent, and also in traversing such
crossing, bridge, curve or descent, a
person operating motor vehicle
shall have it under control, and should
operate at at a rate of speed less than
is reasonable and proper, having re-
card to the traffic itself ON such high.
way and the safety of the public.
The supreme court has decided that
automobiles on highways nave the
same rights in the roads and streets
that are accorded to drivers of other
vehicles. 1t is very doubtful whether
under section 1571-k, cities and towns
have any right to pass any ordinance
in regard to motor vehicles, except
those kept for hire; and that the gen
eral statute above referred to applies
to all highways, pubnc streets under
the statute being highways.
The statute, however, provides that
any person operating a motor vehi
Gle, at request or by signal by putting
up a hand by person riding or driv-
ing a FESTIVE horse, or other draft or
domestic animal, shall bring such mo-
tor vehicle Immediately to a stop;
and if travelling in the opposite direc'
ton shall remain stationary so long
as may be reasonable to allow such
horses or animals to pass; and II
travelling in the same direction shall
use reasonable caution IN the passing
of said horses or animals. And the
operator. and occupants of any mo-
tor vehicle shall render necessary as.
sistance to the party naving IN charge
said horses or other draft animals, in
so passing.
The statute defines closely built
up portions of city, town or village,
as the territory of a city, town or
village contiguous to the public high
way devoted to business or where for
not less than one-fourth of a mile the
dwelling houses on such highway
average not more than one hundred
feet apart"
Section 1571-j provides that motor
cars shall be supplied with good and
sufficient brakes and a substantial
bell, horn, or other signal, and be
provided with lights in the front and
rear from one hour after sunset to
one hour before sunrise.
There is no statute in regard to
driving on the streets occupied by
street railways, but ordinary courtesy
requires that if possible you should
drive on the right hand side of the
track. The courts have also heIu
that in passing a standing street car
great care should be exercised by the
driver of vehicle to not inJure pas
sengers entering or retiring from such
car; and the owners OF automobiles
should signal repeatedly in passing
such car. This should also be done
at street corners in order 10 avoid
injuring persons. The driver should
that he Is driving a dan
gerous vehicle and he should be look
ing right ahead of MIN. Persons
from a car or crossing a
street are thinking OF other matters
and so the attention is not directed
to the dangers OF the approaching ve-
hicle. Any driver of team or motor
vehicle readily observes the utter
oblivion of drivers of passing vehi-
cles and by those leaving or entering
cars or crossing streets. Every one
on highway or street afoot
Or horseback or in any kind OF ven-
Gle should observe and regard the
rights of all others travelling thereon;
ana the rights of all are equal.