The Republican., 1920-03-18
TRACTOR MEN ARE SUSTAINED
Injunction FOrbids Revocation OF En-
gine Owners License.

cent decision OF Judge Thomas, at
Westminster, who made permanent
the injunction granted to Arthur Ste
venson against Automobile Commits
sioner Baughman, preventing the Au-
tomobile Commissioner from revok-
ing Mr.. Stevenson's certificate of reg
istration and markers because trac-
tion engine operated by Mr.. Steven
son has cleats on the wheels.
This decision is regarded as clear
defeat for the State authorities in
their efforts to prevent damage to
State roads by the operation of heavy
traction engines with cleated wheels,
which cleats dig into the roads and
cause a great deal of damage.
In his letter to the Governor, Mr..
Zouck says:
Something must be done to reg
ulate these traction engines, and, if
agreeable to you, l would suggest
that the Highways Committee of the
Senate and House get together and
agree upon cleat that will meet with
the approval of traction engine own
ers and also with the approval of the
State Road Commission. If this is
not done, we know, from our know
ledge of the traction engine men, that,
with the recent decision against rs,
the traction engine will run riot over
our roads this summer and fall and do
unreasonable and unnecessary dam
age to the roads. If a cleat is to be
used, it should be the one which will
be the least Objectionable to the State
and at the same time be fair to the
traction engine owners. We have in
our possession a cleat that will meet
this situation"
May Appeal Case.
The cleat to which Mr.. Zouck refers
is one which has a two-inch face.
being somewhat more than twice as
wide as the cleat now generally used
on traction engines, which have a face
of less than an inch wide
1t is understood that Automobile
Commissioner Baughman will carry
the case to the court Of Appeals, al
though this has not been defnately
determined upon. Assistant Attorney
General Fisher, who represented the
State IN the case before Judge Thomas
yesterday received the text of Judge
Thomas opinion and will study it be-
fore any further action is determined
upon. He stated that the decision in
nowise impairs the power of the Auto
mobile Commissioner to take action
If damage to the roads by any par
tlcular traction engine is established.
1t seems, however, that the actual
damage must be proved before he may
act, and that under the terms of the
decision the Automobile Commissioner
cannot act to prevent damage before
it occurs.
Damage Great. Says Zouclk.
Mr.. Zouck said there was no ques-
tion about the amount of damage
caused to roads by the use of traction
engines with unprotected cleated
wheels and he exhibited nuEber Of
photographs to illustrate the damage.
John N. Mackall, chief engineer of the
Roads Commission, several other en-
gineers, William J. Grove and Frank
Thomas, contractors, and number of
others testified at the trial to the a.
mount of damage the traction en-
gines cause to the roads. A large
number Of thrashermen were on hand,
according to Mr.. Zouck, to testify
that their engines did not cause any
appreciable damage and that they
could not operate without cleated
wheels.
"The State has an investment of
$25,000,000 in its road system" he
said, "and the system could not be
duplicated for $40,000,000 Main
tainance costs are high, and if the
traction engines with threshing out
fits are allowed to use the roads in
discriminatory it means that eithr
the roads on which they are used will
go to pieces rapidly, or that mainten-
ance costs will be excessive. And it
is all unnecessary.
"The State Roads Commission has
proved that bands can be placed over
the cleats on traction engine wheels
without interfering with the efficiency
of the engine so long as they are on
the State roads. These bands COM
pletely protect the roads, they do not
cost much, are easily put on and are
so easily taken off. Thrashermen
object to them because they say they
interfer with the operation of the en-
gines on dirt roads and because they
do not want to 90 to the expense of
so equipping their engines.
"As these traction engines are dp- 1
Grated solely for profit, it seems to
me that it is hard that the whole
people of the State should be put to
additional expense for roads mainten-
ance to save the thrashermen a slight
expense and a little trouble. Anyway, !
| intend to have a talk with Governor
Ritchie on that matter and see if the
present law cannot be amended so as
to protect the roads and at the same
time give the thrashermen all that
they are entitled to. They perform
a very necessary service, in fact are
indispensable, but the fact ought not
to give them the license to damage
the roads"
Opinion Based On Experiment.
Mr. Zouck's statement that the
State Roads Commission had proved
that the traction engines could be
operated over State roads with banded
wheels without doing any damage
was based on an experiment con
Quoted by the Commission in 1914. A
case somewhat similar to that Just
decided in Westminster was before
the court in Frederick county. O. E. !
Weller, who was then chairman Of the
State Roads Commission, secured a