Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-12-09
[ H E S EN- TIN Ell.
ROOKvILLE, MD.
Friday Morning-....Decembe Der 8, 1910.
COMMISSIONER OF MOTOR VEHI.


County Commissioners, in support of thai
bodys power under the law to curtail the
headlong speed of Automobiles over the
public highways of this county:
Mr. Editor My attention has been called
by you to an article in The Washington
Times OF December 3rd, from which il
appears that Mr.. W. S. Duvall, President OF
the Automobile Club of Washington, D. c.,
has submitted to the Commissioner of Mo
tor Vehicles, John E. George, of Maryland,
the ordinance recently adopted by the
County Commissioners Of this county, fixing
the speed limit for automobiles and other
motor vehicles over the new pike from
Potomac to the Conduit Road at IL miles
an hour, and that Commissioner George
had advised President Duvall that the
County Commissioners have no authority
to regulate the speed limit in the open
country"
Section 140b of the automobile law pro-
vides in part as follows
mo person shall operate a motor vehicle
or motorcycle on any public highway of
this State recklessly, or at a rate Of speed
greater than is reasonable and proper,
having regard to the width, traffic and use
OF the highway, so as to endanger the
property or life or limb of any person. If
the rate of speed of a motor vehicle oper-
ated upon the public highway of this
State exceeds twelve miles per hour in the
thickly settled or business parts of cities,
towns or villages, or eighteen miles per
hour in the outlying or not thickly settled
parts Of cities, towns or villages. or twenty
five miles per hour in the open country out
side of the limits of cities, towns or VILLAGES,
such rate Of speed shall be prima facie
evidence that the person operating such
vehicle is operating the same at a rate
of speed greater than is reasonable and
proper, and in violation Of the provisions
Of this section, and the burden of proof
shall be upon him to show that such rate
of speed was not greater than was reason
able and proper, as above set forth"
This act was approved on April 5, 1910.
Six days later, April H. 1910, the local road
law for Montgomery county was approved
and became law.
Section 177e of the latter act, chapter
484, provides:
THE County Commissioners of Mont
gomery county shall by and with the ad-
vice and assistance of the Montgomery
County Road Superintendent adopt such
system or systems for the care and repair
of the public highways. roads and bridges.
streets and alleys of the county as may be
found most suitable for the several sections
of the county or the special roads thereof"
###
Section l77h of the same act provides
in part as follows:
"All matters pertaining to and affecting
the public highways roads, bridges. ave-
nues, streets and alleys of the county shall
be under the general control and supervision
Of the County Commissioners of Montgom-
cry county. = = Said County Commits
sioners shall and may adopt all necessary
and reasonable rules, regulations and orders
with reference to the proper care, repair
improvement, construction and mainte-
nance Of county roads and bridges, y
and shallimpose reasonable penalties for the
violations of all such rules and regulations
and make other necessary provisions for
the enforcement thereof, and shall have
the right from time to time to change or
oil tha oil r.,ln
regulations when adopted and recorded in
a book or books kept for the purpose, shall
have the force and effect of municipal or
dindnoes regularly adopted by authority of
the General Assembly of Maryland; the
constables of the county shall be charged
with the duty of enforcing all such rules. -
The sections of the two statutes quoted
above. in view of the statement contained
in The Washington Times article referred to,
raises two questions First as to whether
or not there is any conflict between the
general automobile law and the local law,
and, second, If any such conflict in fact
exists. which act takes precedence.
The ordinance of the County Commits
sioners referred to. is in part as follows
Whereas, owing to the extremely mar
row width, and the many sudden depres-
sions. sharp turns and heavy traffic on
what is now known as the Potomac Road
for a distance Of about four and a-hali
miles between the Conduit Road and Po-
tomac postoffice, recently macadamized
we. the Board of County Commissioners
for Montgomery, deem it necessary for the
proper protection Of said road, and the
property of and the persons who travel
said road. to regulate the use thereof by
motor and other vehicles"
Ordered by the Board of County Com.
missioners for Montgomery county, this
ninth day of August, A. D. 1910, that il
shall be unlawful for any person or person:
TO operate any automobile. motor vehicle
or motorcycle at a speed greater than Il
miles per hour on the macadam road be-
tween the Conduit Road and Potomac post
Office. in said Montgomery county. or OF
any part thereof, and any person or per
sons violating this ordinance, upon con
viction thereof before a Justice of the
Peace Of said county, shall be fined not lesi
than twenty-five ($25.00) dollars, nor NOR,
than fifty ($50.00) dollars, and in defaul
of the payment of any fine so imposed the
guilty party shall be committed to thu
county jail for not more than fifteen days.
y
AS attorney for the Board of Count!
Commissioners prepared this ordinanc,
in conformity with the provisions of tn,
local road law. | thought then, and still
think, it in no way conflicts with the pro
visions Of the general automobile law abov,
quoted. II will be observed that the gen
eral automobile law prohibits the opera