Middlebury register. (Middlebury, Vt.) 1886-1937, 1913-07-11


way in which it can be met.
The police officials in the various cities
and towns say now they are stretching
the law to the limit, but they also admit
that while they are taking into court |
men technically guilty of overspeeding,
yet overspeedng which is in itself harm
less, that they find it next to impossible |
to catch more than few of the reckless
daivers until after a catastrophe has |
happened.
Then they hold that after the men are
arrested it is next to impossible to get
anything like proper sentence of pun
ishment for the offenders. If the case
is within the jurisdiction of the lower
courts, money fine is imposed, which
is readily met. If an Imprisonment SEN
tence is imposed an appeals taken, and
then in the upper courts the cases are
either nol-prossed by the district attor-
ney or a disagreement or acquittal by
jury is had after trial.
So much for the police officials.
they declare they are doing all in their
power, but the fact that different typ
of sentences are imposed on the same
CHI lrges in different cases hash signifi-
canoe because each case is judged by
itself. Again they point out that the
really serious cases are out of their jul
risdiction, and so they should not be
held responsible.
HARD TO GET CONVICTION.
Turning next to the district attorneys,
the explanation is the same among a
half-dozen interviewed. First, that they
have not got the time to try the cases
anyway, with the crowded condition of
the dockets, and that accepting a plea
of nolo is the best they can do. That
actually trying the cases would block
the courts, and that finally juries now
a-days will not find men guilty.
In the Office of the Suffolk county dis
trict attorney, the surprising statement
was made that in cases where death had
resulted charge of RECKLESS driving"
was brought because it was felt posi-
bly, there was a better chance of finding
a man guilty than if it was put in I'M
der manslaughter charge. Even that
has failed.
In short, notwithstanding the desire
to take firm positive steps to root out
the reckless operators, step which it
is felt can only be made when Jail SEN
fences are imposed by the upper courts,
it has been next to impossible to secure
such.
Thus while, during the year 1912, there
were 142 deaths from the automobiles
the prison reports show that only 19
men were sent to Jail because of viola
ton of the automobile laws. OF that
number 1T might be said six went to
Jail not because they were sentenced
there, but because they could not or
would not pay the money fines IMPOSED
on them.
OF the seven actually sentenced tc
Jail for Punishment, five We're sent foI
sentences less than six months and two
; for sentences in excess of six months
but less than year.
} These are the conditions which stsggel
/ those who are trying to cope with the
: problem. Somehow the machinery fol
, meeting the conditions as they exist sllI
2 up; and no one seems to know just what
! | ha oal &c nh oil
preciate that something must be done
l of an effective nature.
S RECKLEsSNESs AND LIQUOR.
The charge that reckless operation o.
1 the machine is increasing and tina
there is also a substantial increase il
the number of cases where cars hav,
been operated by men under the infu
ence of liquor is not mere surmise.
1t might naturally be thought bs
cause of the recent Talbot avenue case
i where a child was killed, and the Co
y hasset case, where a woman riding wa
killed, that this assertion was based o.
guesswork.
hc oNobC
u though has officially sanctioned state
" ments in support of both of these con
I tentions. In its official report nov
{ in the press, which was written befor
. the accidents in question, it sets dow
y its own opinion briefly and strongly.
{ 'In the opinion of the commission,
(, the statement recites, There has bee
u an increase in the reckless operation o
, motor cars.
- "There has certainly been a large in
II crease in the number of persons cor
e victed of oper ating motor cars while ur
der the influence of Intoxicating liquors
il There has also been a large increas
} in speed on main roads.
; Col. Sohier, one of the three con
! missioners who wrote the report, a
Il l,