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

The Callan automobile law, which has
been assailed on all sides by judges and
MAGISTRATES. and which was described by
Justice Steinert, OF Special Sessions. as a
parody on Justice, a practical Joke on
the public" will undoubtedly be amenued
in at least one respect at the next ses-
sion OF the Legislature. Justice Corneilus
+. Collins. Of Special Sessions; isidor
Wasservogel, the acting District Attor-
nev and James f. Smith, the Assistant
District Attorney in Special Sessions yes
,erday drafted an amendment which WIZ
be forwarded to Albany, marked 'Rush.
The proposed amendment deals only
with the punishment Of persons who drive
automobiles while intoxicated, making
that offence misdemeanor, punishaoie
By IMPRISONMENT not TO exceed one year
or fine of 500. or both. Justice Collins
and his associates in Special sessions
think it likely, however, that puohc oplh-
ion will soon demand an enure reVis'o"
of the law. MAGISTRATE Herbert, who yes
terdav declared the Callan law dead is
OF the same opinion
The proposed amendment was forced by
the recent farce which followed the con-
yiction of Arthur J. Marley. taxieao
chauffeur for driving while intoxicated
Justice Steinert, in Special Sessions SEN
fenced him TO one year in the pehlten-
tIary. Two days after this sentence war
lev walked out Of court scot free' JUS
tice Page. in UNFOLDING writ OF haoeas
corpus. had ruled that the only possible
punishment for such an offence under the
Callsr law was a fine Of SIS. Marley was
! fined So. instead OF being made 10 serve
the prison sentence. He said ne couiu
not nav il. and Justice Steinert AFTER con-
sultinp with Justices McInerney ana
salmon. SAID that, as the law named 10
alternative punishment, Marley wouid
| have TO go free.
In the section which makes driVihg
car while intoxicated misdemeanor no
nonalty is fixed. Another section OF the
! cauan law. however. specifies that any
nisdemeanor for which no penalty Is
fixed shall be punished by fine or go
Tue,ice Collins pointed out yesterday
that I'm all probability the drafters Ct the
law had no intention Of making the drN-
inc NJ AN automobile while intoxicated a
mIsdemeanor punishable only by me oil
COZ and said that in amending the Ia"
,bcv purposed TO follow the evident lnteh'
| lion OF the lawmakers and make the pun
isbment for that offence similar TO tha'
~ any other misdemeanor. The 10 me
Justice Collins thought, was lntendeu Only
90 annIv 10 certain other sections OF the
Law, which dealt with minor offences ahc
named no penalty.
The proposed amendment is as toiio"s'
"Anv nerson violating any OF the pro-
,tsions Of this article, which violation Is
stated separately TO be misdemeanor, Is
punishable by Imprisonment for not more
tbap one wear or by a fine or not more
,hor 500 or by both and for violation
~ any other provision of this article for
which violation no punishment has been
sroc,ded shall be guilty OF misde-
meanor. punishable by fine or not ex-
ceeding SIS.
This II IL believed, will increase the
ronaltv for the drunken chauffeur and at
the same time will not affect those guilty
| NJ tho lesser offences for which no penalty
is fixed in the Callan law.
To emphasize the gravity Of the offence
another amendment to the law viii be In
,roduced. 10 the effect that drunken chauf'
feurs shall not be released either by mag