The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-10-21
TRACK[ESS
STREET CARS
TAKEN OFF
Action Follows Decision
They Are Motor
Buses

Albuquerque trackless street cars.
operating on the North Fourth street
road between the city and Alameda
ceased 20 run this morning.
The cars win remain out Of service
at least unit, the district court renders
q decision In the case OF the city
Electric company which Ia charged
with violating thu motor vehicle laws
of the state. the case having been
appealed to that tribunal from the
Justice Of the peace court
We have appealed the case said
Gro ge Rosllngton, president OF the
city Electric company this morning.
But until a judicial decision ~ rem
dcred the rules OF the lower court
hold and we would be liable TO a fine
Of $50 fur each day We would opcr-
ate the cars In the interval We very
much regret we have to suspend ser
Vice Tor the time being"
One OF the ears made one trip this
mo ming. bringing In the school chi'-
drcn from Alanseda and other points
along the North Fourth street road.
e. NJ Bolts. acting for the school
board. made nu appeal today TO T. j.
Mahry. assistant district attorney.
that the case be brought 90 the at
tcntion Of the district court ns early
ms possible 80 the school board would
hr In position tu know if the cars
could 10 counted upon Co % ing stud
outs along the road Co the local high
school as provided In contract he
tween the school hoard and the city
Electric company
Members OF the school board today
were cndcavoring TO find other means
az providing transportation FOR high
school stud nts who live north ~ th'
city.
Courts Decision.
Tho decision Of the city Electric
company 90 u1aso to operate the
trackloss cars today was due 10 the
opinion rendered late yesterday after
noon hy Judge W. W Mcclellan that
the acklcss car Is an automobile.
because the Judge ls'id this optn-
ION. Mr nosingtun was fined $50 on
the charge OF violating the motor We.
liclc law. which provides that all
motor vehicles shall carry a state
license tag.
The Judge pronounced his opinion
after Mr. KOslinrton. acting as hi-
own attorney, had argued the Ua~t
with Assistant District Attorney 7. j
M1bry Mr. Roslingtuu pointed out
that he should be- permitted to npor.
ut" tho scklcss street c1rs without
pu auto license as provided uud the
motor vehicle hw hrraus" ~ M.
frauchlse which hr said allowed him
fu operate street cars hN clryitiDilN
ur amy other Improvement thereon
lie said he considered th' truckl"s'
street car only Hu Improvement al
UIuE that 10 has been hIs Intention O.
substitute, ln time the present cI
for track less tIollvy-, on cars whlDt
operate by means ~ overhead wires
lint without rails iir said tuc track
f.ss trolley was coming into pruWin
,usc and that he aid not believe tina
amy more street car rails would be
Liza ln Sew Mexico.
states Contention.
Nj Nah.y suid that franchise th'
,.munuv might hold would not over
g.In every law which the sta1' Nigh
make. iie quoted the law To show
fIrt 10 motor vehicle was every Nr
hirlc not operated hy muscular pow"
except engine tractors, locomotives
and cars running nu rails and 9th"
H.mi'nr exceptions
Aa tho Judge was repeating this see
ton ,t the law. Nj liosliugton d."
ca.cd that tho cars were Traction
engines
Not convinced by this statement
tn, Judge said Do, would pronounc
th, lowest possible fine sn IA" matte
could be- carried To- tho higher court
gz test case.
As Mr. EuslinEton said b" was opcr
utiug thrive tIupklcsr cars the fine
lscpm, $50. tho lowest fine Above
o.. ug $40 tor each car ON which n
state license tag was carried MI
Eunlnrton ruv, motto, ui appeal
The only other witnesses wore a
Mathicu. r, l.. Dudsou ana Ma
Cutie req.