Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-12-30
Absurd And Without The Warrant
Of Law Is The Speed Limit In
Montgomery County, Says
President Duvall.

Editor of the Sentinel Several person:
have mailed me copies of your issue of the
9TH instant, containing the legal opinion
OF Mr.. W. Outerbridge Spates, touching the
right of the Board of County Commissioners
to make speed laws different from those Of
the State law approved April S, 1910.
This entire question arose because the
Board of County Commissioners made a
police regulation prohibiting a speed in
excess of IL miles per hour on the macada-
mixed road leading from the Conduit Road
to Potomac
Such limit to the rate of speed is
neither necessary nor reasonable" in the
open country" in fact, it is simply alb
surd. Business sections of large cities like
Baltimore and Washington permit this rate
of speed in their busiest streets, and if it
is safe there, surely double that speed is
safe on the road in question, and it was
evidently so considered with the Leeisla-
ture of Maryland when it passed the law
approved April S, 1910. and fixed the rate
Of speed not to exceed rs miles per hour.
Although the County Commissioners would
have us believe otherwise, yet there are
no conditions on the road in question not
to be found on other roads of the State.
AS general thing, sharp turns. depres-
sions, &c, will be found on most roads,
No, the only reason for the absurd limit of
speed on the road in question is that it
has been macadamized of course, not
without some expense, and those in charge
are fearful lest it be destroyed by the au-
tomobile travel. 1t might be well to men,
ton that inquiry from the various Road
Commissions of thirty-odd States has elic-
tied the statement that an automobile
travelling at 20 miles per hour on road
does less damage to the road than horse
drawn vehicle travelling at miles per hour.
| do not for moment blame the good peo-
pie of that vicinity for feeling proud of
this piece of road and doing all in their
power to preserve it. but do blame them
for making absurd road rules and harrass-
ing automobile drivers who are clearly
within their rights as defined by law.
have carefully read all the law referred
to by Mr.. Spates on the subject, and fail
to find single thing which, in my opinion,
can support his contentious that the County
Commissioners of Montgomery County have
any right TO limit the speed of vehicles on
any road different from that set up in the
law of the State approved April S, 1910.
The law passed by the Legislature of
Maryland six days after the law referred
to above, namely, April II, 1910, in no way
conflicts with the State law, and it was
merely intended and plainly gives to the
Board of County Commissioners of Mont
gomery County only the right to make
necessary and reasonable" rules and
adopt systems" for the care and mainte-
nance" of roads, bridges, &c. By an I'M
warranted stretch of the imagination, Mr..
Spates undertakes to cOnstrue care" to
mean the right to regulate the use of or
manner of using the county roads, whereas,
as a matter of fact, the word care" is
merely employed as synonymous with the
words that follow, namely, repair, ""main-
tenance," construction" &c. If we give
this word care, which Mr.. Spates lays so
much stress on, its proper and well-under-
stood meaning or construe it in connection
with the remainder of the act, it cannot
mean anything beyond what have stated.
Such construction is what most any court
would place upon it, for not only is it a
reasonable construction, but by giving it
such it eliminates the possibility of this
local law conflicting with the State law.
Courts will never construe two laws so as
to conflict if it is possible to avoid it. and
if the construction suggested by Mr.. Spates
was given the local law it would be in
direct conflict with the State law.
With all due respect, therefore, to Mr.
Spates am of the opinion that Mr. John
f. George, the Commissioner of Motor We
hicles of the State of Maryland, did not
err when he advised me. in reply to my
inquiry, that the County Commissioners of
Montgomery County were without authority
in law to make regulation fixing the
speed limit at twelve miles per hour on
any road in that county.
Furthermore, if any of the County Com
missioners will ride over this or any other
road at IL miles per hour by speedometer.
| think they will at once see the utter alb
surdity Of such regulation and whether
they consider themselves with authority or
not, will repeal the same. | am not a speed
maniac and have always gone in for safe
and sane driving either of an automobile
or horse. but on the other hand, | would
certainly object to being held down to IL
miles per hour in the open country" by a
local regulation for which there seems to
be not the slightest warrant in law after
have entered into contract with the
State of Maryland and for which paid
substantial tax and am licensed to proceed
al rate not to exceed rs miles per hour
in the open country" IS miles in the out
skirts of cities and villages and IL miles
in the lt-up portions thereof
W. S. DUVALL,
President and Legal Counsel of the Auto
mobile Club Of Washington, d. C.
Vaccination Against Pus Conditions
Il has been only few months since
bacterial vaccine has been used on the
lower animals The treatment Of many