Five Mile Beach weekly journal., 1923-01-19

COMMENT From the
ELMER TIMES
From the
ELMER TIMES

:::::::::::::::::*::::::::::
Echoes are still reverberating over
the recent activity in South Jersey by
State Police in a campaign to prevent
automobiles bearing pleasure vehicles
registrations from carrying anything
which might be considered a CONNER
cial product. The Elmer Times is in
receipt of the following communica-
ton from a we'll known lawyer, for
merly a resident of Elmer, now resid-
ing in Newark, in which he cites a
recent opinion of the New York State
Supreme Court on a similar subject.
The letter follows:
January 8, 1928.
Recently l saw in an issue of the
Times an article reporting the filming
by Mayor Hitchner of one of the farm
ers near Elmer under a charge of hav-
ing used his pleasure car as a COM
mercial vehicle. l have noted that the
occurrence has created quite some
comment in the papers, and if 1 re-
call correctly the Newark News of a
recent issue had an editorial on the
subject. On reading your article 1
remember having had some question
in my mind as to whether the Motor
Vehicle Department was not shooting
wide of the mark. l felt that common
were doing so.
81 am taking the liberty of enclos-
ing you a clipping from the Atlantic
Reporter of December 31st, Volume
lis, pamphlet No. IA, relative to an
opinion of the New York Supreme
Court, by Justice Dixie, in the ease of
Zabriskie VS.. Law, reported in 1914 N.
Y. Sup, page 626, which may be in
teresting to you and may be fruitful
and worthy of discussion in your edi-
torial column"
The above mentioned clipping fol-
lows:
Ford with Seat Removable so as to
Allow Carrying of Packages Held not
a Commercial Vehicle. The owners of
an automobile, which, according to a
brief in the case, was known by it's
acquaintance simply as the Ford, and
has not even been endowed with a pet
name, or nickname, such as facetious
wner frequently bestow on their
fiivvers, except when it refused to
function, when it is sometimes called
by other appropriate to the oc-
casion, sought a pre-emptory manda-
mus compelling the state tax commits
sion to register the machine as a
-syn4A Aaf1N,aksAr L41 ha4~
refused on the ground that the rear
seat of the Ford was removable, so as
to enable it to be used in carrying
articles, thus making it a commercial
vehicle or light delivery truck, within
the meaning of New York Highway
Law, section 2S2, paragraph Ga. The
New York Supreme Court, in an opin-
ion by Justice Dixie, in Zabriskie VS..
Law, reported in 1904 New York Sup
plement at page 626, decided that the
Ford was a private car, saying:
"It is a familiar sight in the sum-
matinal visits of the painstaking
housekeeper to the provision shops,
and to the railroad depots, being con-
veyed to and from by automobiles or
motor trucks of various kinds. The
vehicles are frequently filled to over
flowing with packages, bundles, bags,
and occasionally trunks or handbags
in transit to their residences. This
use does not make these vehicles com
mercial.' They are still being used
as a convenience for their owners, not
for hire. The objects have not the
character of freight for which a tariff
is presumed. 1t is a personal use, and
the element of gain to the owner by
reason of his service to, and the use
of his motor vehicle by others, is
eliminated"
In the opinion of the Times the
statute itself is not so much at fault
as the freakish Interpretation placed
upon it by over-zealous officers. The
intent of the law is very plain in that
it attempts to raise additional reve-
nue. from users of commercial We
hicles under the assumption that they
use the public highways for profit and
should reasonably be expected to pay
a proportionate share of the costs of
construction and maintenance.
Motor registration agents were in
structed by the State Motor Vehicle
Commissioner to insist upon CONNER
cial registrations where cars were
constantly being used in the transpor-
tation of commercial products, but in
no case have we found that the COM
missioner or his agents drew the line
so tightly that any auto owner with a
pleasure car registration need fear to
occasionally use the car for any pur-
pose which he might see fit. 1t re
NAMED for the over-zealous troopers,
with plenty of time on their hands to
seize upon the idea of making arrests
on such trivial infractions of the law.
TRIALS OF THE FARMER
Tax the truck for standing still, is
writtop Iaw for tho farDoor'C toto.