Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-01-14
State Registration De-
Dartment "Blacklist"
System Attacked
by Attorney
for Foster

The petition OF Frank I. Foster of
this city in which he requests that he
may be granted an automobile drivers
license, which was refused him at the
office of Frank w. Ball, secretary of
State. when he applied for one this
year, was heard on Tuesday afternoon
before Justice William ii. Fisher on
the opening day Of the kennebec coun-
ty superior court. Mr.. Foster was rep
resented by Attorney Arthur F. Titfin,
and the secretary of State was repre-
scented by Judge Sanford l.. Fogg.
This petition was brought to the SUI
perior court under Section 80 Of Chap
ter 211, Public Laws of 1921, relating
to motor vehicles. The section reads
as follows:
III any person is aggrieved by the
decision of the commission in revoking
or suspending license or certificate
of registration or by the refusal of the
secretary to issue license of certif-
cate of registration, he may within 10
days thereafter appeal to any justice
Of the supreme judicial or a superior
court, by presenting to him petition
therefor in term time or vacation.
Such justice shall fix time and place
for hearing, which may be in vacation.
and cause notice thereof to be given
to the commission or secretary; and
after hearing it may affirm or reverse
their decision and the decision of such
Justice shall be final. Pending judg-
ment of the court. the decision of the
commission in revoking or suspending
any license or certificate of regiStra-
ton shall remain in full force and ef-
feet"
Judge Melville A. Simmons of Halo
we'll. the first witness for Mr.. Foster,
declared that he had lived near Foster
in Hallowell in the fall Of 1928 and that
he had ridden to this city with him
probably Is or 20 times. Foster had
always driven carefully and skillfully
and had obeyed the motor vehicle laws.
Mr. Foster when called to the stand
stated that the privilege of driving his
car was a necessity to him In his bust
ness as he does much work for tailors
in other towns and has a large parcel
post trade which he must transport to
the postof1ice.
He testified that he had driven a
car for the past seven years and for
six years has had a license in this
state. 1t has never been revoked or
suspended. In that time he has driv-
en- $4,000 miles, in several states in
GLIDING New York, New Jersey,
North Carolina. Connecticut and
others and last summer on a vaca ton
to New York drove through the main
part Of the city.
He had been convicted Of speeding
on one occasion on Western Avenue
when at 1880 P. M. with no cars IN
sight he had been coasting down the
hill and had been arrested by Cap
tain H. A. Miller of the State High
way police. He had pleaded guilty
on this occasion.
On November 90 Of this year he
had driven from Hallowell to Au-
gusta and as he came to Capitol
street, a one man car was stopped
there. The car was also going In the
same direction and had discharged
several passengers on its right
which would be on the east side of
State street. Three passengers had
gone around the front of the car and
had gotten across or nearly across
the street. He slackened his speed
slightly and then seeing that all was
clear continued.
Later he received a summons from
Earl Grenier of the State Highway
ponce 10 appear AT tiie AUGUSTA nun
icipal court as Judge Edgar c. Smith
deputy secretary of state had seen
him pass this car and would prefer
charges. Foster had appeared there
on a Saturday and as Judge Smith
could not be there the case had been
continued until the following week.
He again appeared at the time speci-
fed which was in the morning and
the case was continued until after
noon when he was again In attend
ance. Nothing was done and he did
not know what the outcome Of the
case was.
At that time Grenier had told him
that If he would plead guilty he
could get off with small fine and
would not lose his drivers license.
To this he had replied that he was