Mexico weekly ledger., 1913-08-07
EXPLANATION or ANTlAUTo-
nosILE SPEED ORDINANCE.

MOBILE SPELL OnDiNFhtS%
CITY Attorney D. IL Robertson
vrtas the following e~xplAnatiOa Of
the new city ordinance eoleerning
motor car speeding.
The ordinance introduced al the
las, meeting Of the Council regarding
the speed Of Automobiles. vas done 20
at M request Heretofore. Sec
.uon 70 Of Ordinance No Is Of the Rss
.rised Ordinances OF the city Of Mex
leo. Of 1910. page iss. a greater speed
.than eight miles an hour in busi-
ness portions OF the city. 10 miles ,
an hour ~ other portions and s miles
an hour turning corners. was prohio-
tied However. IN 1911, the Legs
.lature passed the following iAs:
Sec. . Speed permitted Every
person operating a motor vohicle on
the public highway OF this state
shall drive the same in = careful and
prudent manner ard AZ a rate Of
SPEED 50 a. not TO endanger the
property OF another or the lie or
limb Of any person: Provided, that
a rate Of speed in excess Of twenty
five miles an hour for a distance OF
one-half mile shall be presumptivo
.ayldenee OF driving AZ al
rate OF speed which is not careful an
prudeut-Laws OF Missouri. 1911. on
page s2T.
Section $3.50. Revised Statutes OF
Missouri of 1909. is as follows:
Sec. s5Ss. Ordinances to conform
to state hw.-Any municipal corpora
ton in this state. whether under
general or special charter, and having
authority to pass ordinances regulat
ing subjects. matters and things upon
which there is a general law Of the
state, unless otherwise prescribed or
authorized by some special provision
Of its charter. shall confine and re-
strict It's Jurisdiction and the pass
age OF its ordinances to and in con-
.formity with the state law upon the
same subject
This section Of course makes III
incumbent upon the City OF Mexico.
II automobiles are 70 be regulated,
TO pass an ordinance in conformity
with the state law upon the sub
jet. Section 20 of ornidance No. %
OF course was made void by the
passage Of the state law Of 1911, and
no prosecution could be maintained
nor conviction had hereunder. The
only thing that can be done II such
an ordinance is passed. is to pass
one in conformity with the quoted
state law.
Further Section 9277 provides that
when the penalty for a conviction is
fixed by any statute. the City
Council shall have the power to fix
the same penalty by ordinance. and
no other. This makes 1t necessary
to have the very large penalties.
which are prescribed by the state
law of 1911. page $50. The ordinanc
now before the Council is as fol-
lows:
Section l.. That Section 70 OF Ord.
nance No, 25. Revised Ordinances OF.
1910. entitled 'MIsdemeanors" be
amended TO read as follows:
Sec. T.-Automobiles, Speed OF.
Every person operating a motor We
hicle on a public highway. street. or
alley OF the City OF Mexico, SHAH
drive the same IN n careful md pru-
don't amer and at a rate OF speed
so as not to endanger the property
OF another or the life and limb Of
any person: Provided that a rate Of
speed in ces Of twenty-five
miles an hour for a distance Of one-
half mile shall be presumptive evil
denee of driving at a rate OF speed
which Is not careful or prudent.
Section 2, Any person violating the
provisions OF this ordinance shall be
deemed guilty OF a mIsdemeanor
and for the firse offense SHAH bel
punished by a fine OF not less than
$1,000, nor than $4,000, and
for the second violation thereof by a
line Of not less than $50 nor more
'nAh soVO.0O' or by impris- Q
onment in the city prison, not |
more than sixty days. '
Section g. This ordinance shan be c
n effect from and after its pnbliea- t
lion as provided by law.
As to the provision regarding ale
'peed in excess of twenty-five miIesA
hour for a distance of one-half n
nile' that provision is merely a ruIe t!
y evidence in such cases. This Iaw II
Ices not mean that a speed of TWEEN. u
miles an hour Is to be per. t.
nltted at all times.
The substantive proviston. o,Iei
law and ordinance are thata mot. Of
7 vehicle must be driven in a care th
u and prudent manner and at a rateI
speed SO as not to endanger the
roperty Of another or the life or
NIB of any person.
mere can be no doubt that under Fl
zen an ordinance, an automobile
lust be driven in a careful manne,