The Ronan pioneer. [volume] (Ronan, Mont.) 1910-1970, 1916-12-01
AUTOMOBILE WINS
IN FEDERAL COURT

eral Judge George Bourquin in a de-
cision which he rendered yesterday in
the case of the United States of
America against one automobile ct all.
He spent several sentences in a dis.
cussion of the habit of Americans in
purchasing automobiles for which they
are unable to pay.
ut (the automobile) is also an in
centive to great public and private
extravaganza and debt, too largely
owned more or less conditionally by
those not more than six lengths ahead
of the wolf, infesting the public
streets, contemptuous of the rights of
pedestrians, like Jehu driving furl-
ously, a rare combination Of luxury,
necessity and waste"
In these words does tine federal
jurist tell what he thinks cf t,.., t,....
ern substitute for horses and wagons.
Incidentally, zone automobile" the
defendant in the case which prompted
the judges decision, won over the
United States.
According to federal statute, ii
whiskey is introduced onto an Indian
reservation, "the boats, teams, wag-
ons and sleds used in conveying the
same" shall be forfeited. A Selfish
Indian on the Flathead reservation,
Pablo by name, carried whisFey onto
the reservation in an atomobile, for
which he had paid a part of the cost.
Because the Indian did not own the
entire automobile, the judge stated
that 'it is believed no more than
Pablo's interest in the automobile at
the time when the forfeiture was in
CURED could be forfeited"
Then the judge goes further and
shows that the federal statute makes
no allowance for the automobile, and
because it is not mentioned in the
law pertaining to the introduction of
whiskey on reservations, Judge Bour-
quin declares that the car should not
be forfeited and zone automobile" is
the winner. -~ssss&s>
In explaining this the decision
states ut is not enough that the mis-
chief is the same, whether whiskey
be introduced into the Indian country
in wagons or automobiles. The de-
Gliding factor is the intent of coneVess,
to be ascertained not from the mis-
chief, but from the language congress
used" ssasAN II
"The libel is dismissed,' is the end
Of the decision.
He quotes the law governing the
forfeiture of such property and says:
Furthermore it is also believed an
automobile is not within the statute.
1t is neither boat, team, wagon, nor
sled, enumerated by the statute. While
wagon is to some extent a generic
term, more especially of recent years
and in municipal legislation (for gen.
era are largely of opinion more or less
f1uctuating), in 1864 when the statute
was enacted, the word in both pop
ular and technical sense denoted one
one of the most ancient conveyances-
a plain and simple road vehicle moved
by animal power. Then and since,
congress often differentiated it from
carts, carriages and vehicles, demon
strating wagon was not intended to
import even all wheeled road vehicles
of animal power.
"Motor vehicles were practically un-
known in 1864. Though steam had
been experimentally used in road We
hicles as early as the last quarter or
the eighteenth century, it was not
until great improvement in steel MAX
ing and working and in tolls, the in
vention of the gas engine and it's adap-
tion to liquid fuel, in the seventies and
eighties, that motor road vehicles were
recognized practical; and it was yet
later that the automobile was develop
ed to a degree that, while it is a tre-
mendous industry, it is also an incen-
tive to great public and private extra
vagance and debt, too largely owned
more or less conditionally by those not
more than six lengths ahead of the
wolf, infesting the public streets, con-
temptuous of the rights or pedestr-
ians, like Jehu driving furiously,
rare combination of luxury, necessity
and waste. In their involved and com
plicated structure and propnlsive force
they are the antipodes of wagons.
Hence it seems clear that in 1864 in
this statute congress did not intend
wagon to import a genus which
would embrace as subsequently
created species thereof, the automo-