The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-11

LEGAL PHASES OF SUBJECT
TREATED in PLAIN WORDS
Elements That Enter Into Con-
sideratiOn of Races on
Public Lines.

For a number Of years automobile
speed contests have been held on public
highways and also on private courses.
Experience has taught that there exists
more or less danger connected with au-
/ tomobile racing. II Is fitting TO Inquire
II these races are legal. Automobile
races tend TO show the qualities OF the
cars participating. These speed con-
tests also afford means OF advertising
good cars They constitute what might
perhaps be- termed an excellent sporting
event They also bring business TO the
community and to the railroads, In con-
sidering the ndvisaDility Of continuing
ra cling OF this character the fact that
the contestants may be ganbled over
Is not good argument for abolishing
them. since II is possible TO gamoie con-
cerning anything.
The most serious element entering lnto
automobile racing consists or the danSer
to life. Are the advantages derived IRON a
automobile speed contests on public and
private ways greater than the dlsad-
vantages? We must conccde that In al,
most every line of human ACTIVITY ana
progress the sacrifice of life Is inevitable.
Our railroads could not be operated Win
out at least 4 certain number OF persons
being injured or killed each year. year Ine
fact that persons may be injured or
killed is no legitimate argument 10 pc
advanced for the purpose or discontlnu-
Ing any particular line Of necessary com.
mercial or other activity OF great beneht
to the public but in automoole racing
are there not features which present very
serious consideration In determining
whether 1t should be allowed TO exist!
What may the government II i wishes
do about automobile racing? Tho state
does not possess authority TO prohlbit
5 i nse staes
Of individual freedom and liberty which
permits q person to do about as ne
pleases. IL he does not injure either the
person or property of another, ana IL
he does not commit any wrong against
the public. Prohibitory legislation with
out reason is Illegal, therefore the, gov.
ernment cannot arbitrarily command that
a particular act must not be done
Closing the Highway.
The vital legal question concerned In
holding automobile speed contests on the
public ways consists OF two propositions;
First, whether public way can be closed
for any length of time for the purpose OF
holding a speed contest on H.. and sec
ond. whether such speed contest does
not constitute public nuisance eyer even
though the authorities close the high
way under color Of authority. We will
consider racing on private ways later,
The public avenues OF travel were es.
tablished for certain uses. These uses
and pedestrians, also they consist OF AZ
fording a thoroughfare for, the placing
Of telephone and telegraph poles and
uses OF the public highways. since they
arc all connected with or In aid OF travel,
intercourse and communication
Now. what legal grounds exist for clos
Ing the public highways Manifestly
necessary and proper improvements may
close a road or street. such as eXcaTa-
tons, laying OF sewer OF water pipes and
railroad tracks So too, n house may be
moved through street and the thorough
fare temporarily may be closed for that
purpose, but no longer time than Is ao-
solutely necessary TO move the house can
be taken. The nearest thing which 3p-
proaches an automobile race. perhaps Is
that of a parade. but because parades are
educational and inspire patriotism they
have been held TO be legitimate causes for
temporary closing of public avenues OF
travel
An automobile speed contest held on
the public highways stands In diff
ferent position from any OF the foregoing.
II Is not public necessity, nor Is 1t
public utility. The fundamental theory
that a public way may be closed for a
public purpose, using the same reason
that private property may be taken for
public purpose. does not apply to auto
mobile racing. An automobile race is
not held for public purpose. 1t may be
said that automobile racing has a ten
dency to develop and perfect the automo-
bile. II this were tho only result such
speed contests would bo legitimate, The
danger, however which Is connected with
holding these races. and the closing OF the
them as Illegal II may be urged. Suppose
that one desired to hold funeral. or
suppose house caught on fire. could the
funeral or fire engines be stopped because
an automobile race was being held
Common Law Provision,
The common law on the subject is as
follows:
ITO operate a vehicle along a public
road or street, greatly TO the danger and
Inconvenience OF all persons travelling
lIs1 a
lnjuriously affects the rights OF the pub
lie. who are entitled to travel along such
public thoroughfare. laid out and kept up
by the public for their convenience and
accommodation. without exposure TO such
danger and Inconvenience. While any
person may drive his vehicle at such
speed as he may please. yet. in ENJOYING
the privilege OF free use of his property,
ne has no right to expose others TO In
jury or 10. infringe upon the rights of
the general public. Running and racing
vehicle along public road. no neces-
sity being shown for such speed. is not
the, ordinary and proper mode In which
! They were not intended. by the very pur-
pose for which they are opened and kept
up for any such use. but for the ordI-
nary and usual travel of the public
ITO run a race on the public Iirhway
or TO excessively speed vehicle to the
danger and Inconvenience OF people. is
common law misdemeanor. 1t is to
add. that there may be necessity for
riding at high speed along even the pub
lie road, as in cases of sickness or to
give neighbor notice OF great personal
danger TO his property. Such necessity
| Is natter OF defense"
| Considering the holding OF automobile
races on private tracks there are diff-
cuties standing In the way OF ccutroll-
ing these races by legislation
| Prize fighting In conducted on private
property. but the government has the
power TO lcgisiate against II. or to con-
! troll II TO considerable extent Dueiling
also which may take place on private
| property can be prohibited and Is pro-
| hibited throughout the civilized world
excepting one nf two places. In fact
any conduct. whether II takes place on
private or public property. may he regu-
lated or prohibited II it has a tendency
10 destroy human life. because Il Is con-
| sidered that dangerous acts constitute
wrong against the community and that
the people ara sufficiently Interested in
dangerous conduct to prohibit IL: It