New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-29

iStrates, police captains VI He~'e''
upon the deposit Of 500 bail, as others
who commit msdemeanors under the Cai'
Ian law may be.
eft was our intention" said Justice COLI
Inns. 10 spell out the original ihtenton
OF those who drafted the law We-'ns
District Attorney and the hench OF Spe-
cial Sessions-do not consider ourselves
empowered TO do general legislative WORK,
but I'm this particular instance we feel
that owing to the necessarily strict m
terpretation Of the law the design OK Hs
originators has been nullifed.
From the penalties attached to other
| violations Of the law such as hne not 10
exceed 500 for violation OF the so-caieu
speeding section, the fine OF go for Vioia-
| ton of certain sections relating to regis
| tration by manufacturers and dealers, tho
| fine of $50 for the chauffeur who has no IL
cense, it is evident that the makers OF the
I law intended that the punishment Tor mo
| drunken chauffeur should be that OF the
! ordinary misdemeanant-a possible year
| in prison, with a fine of not more than
| 500.
My personal opinion is that no one
full engine as is the modern automobile
| through the streets OF a great city unless
he has proved his proficiency. The en-
gneer of the locomotive, which is con-
| fined 70 a track of steel rails, has TO 10
a skilled man; he has to show his compe-
! tence How much more should the chauf-
| feur who drives his engine through
crowded streets. be compelled TO pass an
| efficiency test
81 think that such tests should be made
compulsory for every driver OF an auto
mobile, whether ne be owner or chauffeur.
That. OF course, is merely my private
| opinion. l am not legislator.
| The draft OF the proposed amendment
was taken by Justice Collins 20 Edward
J. McGoldrlck, OF the Corporation Coun-
sells office, the legal representative IN Al
! bany of the city of New York. Mr.. Nc
Goldrick agreed with Justice Collins that
! II was a matter of grave public impor-
lance He promised that IL would DO
! speedily introduced in the Senate and tao
Assembly and that he would see Cover
nor 5ulZer personally and ask that the
usual formalities which delay bills In tho
| Legislature be removed, so that IL couid
be passed upon with expedition. Justice
\ Collins said that he saw no reason why
| the amendment should not become laY
within a week after the Legislature con-
| vened.
No provision is made in the proposed
amendments for the substitution OF q.
prison sentence for those who cannot pay
their fines. The justices Of Special Ses-
sions came 10 the conclusion, after the
Marley case, that the general provision
of the penal law, which makes IL pos
sible to impose one days imprisonment
for every dollar Of the fine unpaid, ap-
plies 10 offenders against the Callan law,
as to all other offenders. In the future
no one will walk out as Marley did.
Magistrate Herbert, in the Essex Mar
ket police court, yesterday, being In doubt
as TO whether he could punish chauffeur
under the Calan law for reckless driving
and running down patrolman, sent the
chauffeur to Blackwell's Island for six
months for disorderly conduct. lie also
took occasion to say that some punish
ment must be devised at once to meet
cases of daredevil driving.
John Ryan, a chauffeur in the employ
OF William Pierce, of Englewood, n. j.,
| ran down Patrolman Phair at I'd street
and the Bowery early yesterday morning.
Phair was badly bruised about the head
and shoulders by being thrown against a
pillar OF the elevated road. He arrested
! Ryan and arraigned him before Magis-
trate Herbert. Phair said that Ryan was
driving at the rate OF forty miles an hour.
After striking him. Phair said Ryan
drove his car into northbound street.
car with such force as to break several
Of the windows in the car and injure his
own steering gear. 1t was owing TO this
mishap that Ryan was caught.
Ryan said that he was following slow
ly moving northbound car, and that when
the car stopped he turned out to pass IL
and struck Phair, who was directly in its
path.
Although the statement is made that
Ryan's car struck the officer" said Mag
istrate Herbert, land then hit a surface
car, and that Ryan used abusive lam
guage 10 Phair. I am unable, according TO
a recent decision of a higher court on
the Callan law, TO entertain the charge.
But the law does give me the power to
entertain a charge OF disorderly conduct
against Ryan. and 7 direct the officer TO
make such a charge.
Ryan was found guilty and sent to tho
| workhouse for five months and twenty
nine days, with an additional fine OF 81
because the front lights of his car were
| NOT liohted