Evening journal., 1914-01-22


out jurisdiction of the offense.
Counsel for the defendant contends
tnat the last automobile law passed.
which was approved by the Gov
ernor, April %, 1909. and known as
Chapter 20. of Volume %. Laws OF
/ Delaware. did not and could not con-
fer jurisdiction, because the act was
passed without the concurrence or /
two-thirds of all the members electt- I
ed to both branches oil the General ,
Assembly. as required by Section So (
Article A. Of the Constitution Of 1891. (
Counsel for the defendant further
contends all of the act is valid, and in I
force, except Section II, which pro-
vides the penalties for the violation /
of any of the provisions OF the act,
and a method of procedure TO conf
pei obedience TO the provisions Of the
act And he also further contends
that both OF the preceding autOmo
bile laws are repealed except those
sections relating to the penalties and
the mode of procedure.
The City Solicitor for the State con-
tends that if the constitutionality of
the act is to be passed upon, It must
be deemed unconstitutional I'm its en-
tirety, and not as to any one part
cular part of H. and if ii is unconsti-
tutional as a whole, the old acts are
revived and in force, under which the
State can proceed in this case.
1t is necessary for proper consid-
eraion Of the subject to bmiefly re-
view the legislation in reference to
e the automobile laws of the State.
The first automobile law was pass
4 ed in 1905, and is known as Chapter
y 124. Volume %, Laws Of Delaware.
I This act is entitled:
IAN Act defining Motor We
J, hicles and providing for the regis
tration of the same and uniform
rules regulating the use and
u speed thereof"
!, The second automobile law was
passed two years later in 1907. and is
known as Chapter IA. Volumes "A,
= Laws of Delaware. This act is en-
h titled
/ An Act 10 amend Capter 124,
l Volume %, Laws of Delaware,
!. entitled, An Act defining Motor
(, Vehicles and Providing for the
! Registration of the same and
= Uniform Rules Regulating the
use and speed thereof.' approved
Il April 9Th, 1905, by changing
II penalties, increasing fees, and
g relating to chauffeurs.
The second act is. however, not
. an amendment in any sense to the
" prior act, but was undoubtedly in
tended as a substitute for the prior
n act.
n This second act was followed two
n years later by the act of 1903. which
4, is entitled:
An Act defining Motor Vehicles
and providing for the Registra-
n ton of the same and uniform
rules regulating the use and
nj speed thereof.
= Section % of the third OF last act
~ provides as follows:
x That Chapter 124 of Volume %,
~ Laws of Delaware and Chapter
.. 144 OF Volume "a, Laws of Della
rs ware, be and the same are here
by repealed
A comparison of the third or last
act with the second act or act of
1907, shows that the two laws are
= / practically the same. and that the
~ last act made only a few minor and
= unimportant changes i'm the second
- act In fact, in mgny sections the
" third act reads word for word the
- same as the second act
4. 10 is. therefore, clear that in pass
- ing the third act or the act of 1903
/. it was the intention of the Legisla-
=. ture to substitute the act Of 1909 as
the law, in lieu Of the other two
acts
al The act of 1909 contains % sec
~ tions and provides in part as follows
lS That no motor vehicle shall be op
~, Grated until it shall have been regis
"a tered with the secretary of State
~ that every resident Of the State shal
~ annually apply to the secretary o
=, State for the registration Of his mo
- tor vehicle; the secretary of State il
~ to provide application blanks whicl
must contain the name, place of resi-
dence and postofIice address of tn
- owner, with a brief description of tn
~ motor vehicle; that upon receipt o
II. the application and a fee of SO for
ss motorcycle and So for any other mo
-. tor vehicle, the secretary of Stat
- shall register the motor vehicle, an
- shall also provide two number tags
- that no motor vehicle shall be oper
cb ated on any public street or highwa
unless the tags shall be carried con
spicuOusly one on the front and tn
no other on the rear, in certain posi-
tion and illuminated In certain
manner; that no person shall opeI
- ate motor vehicle, other than me
tor cycle. upon the streets or high
Is ways unless he has first obtained
- license. which can issue TO no perso
~. under rs years of age; that applica
,a tions for such licenses shall be mad
I'm the same manner as above dc
. scribed. to the secretary OF State, an
. shall contain practically the same in
4 formation; that the secretary of Stat
shall issue to the applicant a licens
on the receipt of the application an
a fee of So; that all registrations an
licenses shall cease to be effective o
/. the thirty-first day of December {
D the year issued. and cannot be tram
ferred; that upon a transfer Of Owl
= Continued on Second Page.