South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-08-01

The state law governing the opera /
ton OF motor vehicles on the streets
of cities and towns and the public
highways OF the rural districts is
based on reason and prudence. 1t
does not definitely define what reason
and prudence are as so applied, but
leaves the question largely TO the indi
'idual and TO the courts.
After naming the rates OF speed
which may be fixed by the officials
Of city. town or county the law pre-
scribes that If the rate of speed trav
eled by the operator of motor car
exceeds the specified rate the rate of
speed at which the operator is moving
shall be prima facie evidence that the
person operating such motor vehicle
or motor bicycle is running at rate
OF speed greater than is reasonable
and prudent having regard TO the
traffic and use Of the way or so as TO
endanger the life or limb or injure the
property Of any person"
There are daily violations of the
laws Of reason and prudence on the
streets OF the city and on the highways
OF the country. and under the law
quoted they are violations of the sat
ute for the reason that the operators
OF these motor vehicles do not have
due Sregard TO the traffic and the use
Of the way" In other words the ope-
rators are reckless.
The law contemplates that in a city
street there are dangers which are
not always apparent, such as a child
dashing suddenly into the street, or
an animal stepping into the way from
the side of the road. or another vehicle
shooting out OF a cross street or road.
These are contingencies which can
not be foreseen and the law takes ac-
count of them. but the speed fiend
does not Under the influence Of his
speed intoxication he takes his
chances with the disastrous results
too frequently recorded.
Shall we say that it is necessary that
somebody be killed or somebody's
property damaged to apprise the ope-
rator Of a motor car that he has ex-
ceeded the bounds of reason and pru-
dence, or that the pedestrian shall fear
TO step upon q street crossing in defer
ence TO the operators conception of
these questions? That is an extremity
10 which the law does not contemplate
the public shall be reduced.
AS a matter of fact there is not a
street in South Bend where under or
binary circumstances il would be rea-
sonable or prudent 10 exceed ) miles
an hour. The streets are not calculat-
ed or safeguarded to be used as speed
ways. They are for the reasonable
and prudent use of the public
Ample consideration is given by the
law TO the quickened pace set by mo-
tor vehicles and TO the facility with
which they can be operated. started.
stopped or turned aside. and the speed
limits fixed within and outside of cor
porate limits are in all ordinary cases
reasonable and prudent. There may
be circumstances under which these
limits may be exceeded with safety in
the city at late hours OF the night or
on long. straight stretches of country
road where there are no houses. or
there may be emergencies in which the
speed limits might be excusably ex-
ceeded, but as a general proposition
operators Of motor vehicles should be
rigidIy held to them.
Under ordinary circumstances there
can be no reasonable excuse for vio-
lating the law. and where there is no
reason there can be no prudence.