Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-11
TRAFFIC LAW VALID.
POLICE COURT VIEW
Judge MuIIoWny Dismisses Mo-
tiOn to Quash Information
in Pending Case.
COMMISSIONERS POWER
QUESTIONED BY COUNSEL
Decision Based on the Absence of
Proof to Show Inconsistency
of Regulation.

Judge Mullowny today upheld the
validity of the traffic regulations which
became effective February 1. 1913. after
hearing the arguments of opposing coun-
sci or motion to quash an informa-
promulgated rules. Attorney William S.
Duvall, who represented Roy c. Nc
Dowell. charged with violating a section
of the regulations. filed the motion last
week. the principal ground for the mo-
ton being that the Commissioners were
without power to make the rules in
question.
The day after the regulations were de-
clared effective, Mcdowell was arrested
by Policeman Fleet S. Hughlett of the
second precinct on a charge of proceed
ing around Thomas Circle in auto
mobile contrary to the regulations, which
stipulate that a vehicle on entering a
circle shall in it's progress follow the
right building line nearest the curb in
going around the circle. Mcdowell. ac
cording to testimony. went part of the
way around the circle to the left. This
was the first arrest of its kind to be
made in the city, and also the first un-
der the new traffic regulations.
The case has been continued from
last continuance being granted on ac-
count of the filing of the motion to
quash the information by Mr.. Duvall.
Argument of Counsel.
Arguing in behalf of his motion to
quash the information, Attorney Du-
vail said the Commissioners were en-
powered to make regulations by acts
of Congress in 1887 and 1892 for the
regulation of the movement of ve-
hicles The definition of regulation,
with Noah Webster as authority. was
given by Mr.. Duvall as applying to
speed and not where or in what direc-
ton vehicles should move. Examples
to show the meaning of the word were
also quoted from this authority, such
as the regulation of temperature and
the regulation of speed. This, the
attorney contended, was sufficient to
invalidate the particular section al
legged to have been violated by his
cT1ent.
In addition. the defendants attorney
submitted that an act of Congress
traffic regulations for the city. took
the power to make regulations of this
kind from the Commissioners. This
act designated fully and minutely how
said, and while it did not expressly
repeal the authority given in the two
former acts, numerous precedents We're
quoted to show that an act on any SUBJ
ject covering the same ground as for
mer laws, and especially where new
ground was covered, repealed the for
mer act automatically
Judge Mullowny's Opinion.
Judge Mullowny said here that it was
unnecessary to show authority on that
point, as it was a well established prin-
ciple of law. The judge added that it
only repealed such portions of former
laws as were inconsistent, and told Mr..
Duvall if he could show that the section
under which his client was charged was
inconsistent with the law passed in 1906
that would be all that was necessary.
Attorney Duvall submitted the motion
on the arguments already presented, and
Judge Mullowny overruled it, declaring
no inconsistency had been shown. The
attorney noted an exception, and viii ask
that an appeal be granted.
Mcdowell Will be tried on the facts in
the case next Wednesday, On this day
another motion to quash an iE1orma ton
under the regulations will be argued
Attorneys w. Earle Ambrose and James
A. O'Shea having filed one with the
court in the case of Henry Hargrove
accused of walking across Pennsylvania
avenue in the middle of the square be-
tween 18th and 18th streets.
Attorney O'Shea believes the defense
can introduce further arguments TO sup
port the contention that the regulations
void.