Evening journal., 1914-01-22
JUDGE SAVES
THE AUTO LAW
Continued from First pago

Continued from First Page.
ership the registration shall expire:
that motor vehicles operated by deal
ers are exempt from individual reg
ters in the dealers class shrdluu
istration. provided the dealer
registers In the dealers class:
application for such registration is to
be made in practically the same manner
as other applications for registration,
and the certificates issued by the Secre-
tary Of state upon the receipt OF "a fee
OF 50 Tor each car; that no person when
intoxicated, shall operate motor vehicle
under penalty OF 500 or imprisonment
not exceeding 80 days, or both; jurisdic-
tion Is given any Justice of the Peace of
the state or the Judge of the Municipal
Court of the City of Wilmington TO hear
and determine these cases: no person
having been licensed shall operate an
other vehicle under another license, and
the vehicle capqot be operated under
any other number than It's own; that
every motor vehicle shall be provided
with good and sufficient brakes. and
horn, bell or other signal device. which
must be sounded whenever necessaryi
and every motor vehicle one hour after
sunset until one hour before sunrise
shall show one white light visible one
hundred feet in the direction towards
which the vehicle is proceeding, and one
red light shall be shown in the opposite
direction; that chains on the wheels of
motor vehicles are prohibited, except ON
/ certain highways; that the operator OF
n vehicle shall give reasonable warning
of his approach, when approaching any
persons walking on any public highways.
and shall use every precaution to avoid
iniuring persons OF frightening animals,
and in case OF injury to person or prop
erty the operator shall stop and upon
request give his name and address and
that of the owner OF the vehicle; that
the operator OF a vehicle shall in certain
cuses cause the motor vehicle to stop
and allow horses to pass; that certain
rates OF speed can be maintained, but
cannot be exceeded, with exceptions m
certain cases; that operators of vehicles
upon request OF any constable
or police officer must stop and exhibit
their registration certificates or IL
cense, and furnish all information as
10 the identity Of the operator or
owner; that constables and police Of
ficers OF any city, town or county of
this State may stop and arrest any
yiolators Of the act, and certain meth
ods Of the procedure thereafter are
/ provided; that any persons violating
any 0f the provisions OF the act shall
be subject to a fine of not less than
$1,000 nor more than S25.00, to be
collected by summary conviction be-
fore any Mayor or Justice Of the
Peace or Judge of the Municipal
Court of the city OF Wilmington, and
penalties are provided for subsequent
convictions; that any person may ap-
peal to the Court of General Ses-
sions by giving bonds within two
days from the time Of conviction:
that the term motor vehicle" shall
apply to all wheeled vehicles operated
by any form OF engine. motor or
mechanical power. excepting road
rollers. traction engines and vehicles
which move upon or are guided by
a track; that the revenue derived
from the registration and licenses un-
der the act shall be paid to the State
Treasurer.
Is the act of 1909 invalid, and if so.
is II invalid In part and the residue
valid?
There can be no question that part
OF a statute may be unconstitutional
and void. and the remainder consti-
tutional and valid.
The established and we'll known
rule In all courts, which does not re-
ouiro the citation OF authorities, is as
follows:
The rule Is that where the pro-
visions are so interdependent that
one may not operate without the
other. or so related I'm substance
and object that it is impossible
TO suppose that the legislature
would have passed the one with
out the other. the whole must
fall; but If. when the unconstitu-
tional portion is stricken out,
that which remains Is complete
in itself and capable of being ex-
ecuted in accordance with the
apparent legislative intent IL
must be sustained.
In applying the above dule in the
case at bar. we are confronted with
the following propositions:
/. Are the provisions OF the law
of 1909 so interdependent that one
cannot operate without the other?
?. Are the provisions Of the act so
|, related in substance and object that IL
is impossible TO suppose that the Leg
islaturc would have passed one without
the otherl
3 Can the unconstitutional portion
Of this act be stricken out so that that
which remains be considered complete
in itself capable of being executed in
accordance with the legislative intentY
Stated ia another manner the propo-
sitions are as follows;
fal Can the regulations for the regis
tration OF motor vehicles and the rules
regulating their use and speed operate
without any penalty OF adequate
method TO enforce the registration of
motor vehicles and the many rules
regulating their use and speed?
tbl Are the provisions in relation 70
registration and license and the use and
speed OF motor vehicles so related that
the legislature would not have passed
those regulations aud rules without
prescribing a method of enforcing the
same2
lcl is the act il containing only the
provisions as to registration and the
rules regulating the use and speed Of
motor vehicles complete in itself, and
capable Of being executed in accordance
with the apparent legislative intent?
TO state these propositions is almost
& to answer them.
II is apparent that the provisions Of
4 the statute of 1909 are mutually de-
Z pendent, and that the regulations and
|. D.. A.