Evening star., 1926-05-21
SOL|D-T|RE TRUCK
CURB IS UPHELD
Court Holds EIdridge May
Bar Big Vehicles From
Sixteenth Street.

Barring, Of sc!id-:ired trucks from
Sixteenth street was upheld in Police
Court today when Judge George H.
Macdonald found i.sNnn Snallwood
guilty of violating this regulation.
The case involving the validity of
the regulation was taken under ad-
visement several weeks ago, and the
decision was handed down today. the
District being sustained. according to
ne judge himself, because of the be-
ief that such power Ws,s invested by
congress in the director of traffic and
hat the statute IS reasonable.
Sentence In the case Wt3 withheld
when counsel for tie defense stated
hat he would ma.,e application for =,
writ of error
Text of Memorandum.
As set forth in q memorandum i'll
connection with the findings Of the
ase. Judge Macdonald declares:
The traffic act. cectton d. para
sraph b, authorizes me director of
traf1ic TO make reasonable regulations
with respect 10 equipment OF vehicles
and other such regulations with re-
Spect 10 the control of traffic In The
District of Columbia not in conflict
With any law OF the United States. as
are deemed advisable.
Section u authorizes the director
10 designate arter.Al highways or
loulevards. and section ?, paragraph
a authorizes him 10 permit vehicles
On such highways Ia travel at a rate
II speed greater than =" miles an
hour.
Section {. para graph c. apparently
recognizes the possibility OF diVertinB
rattle ana closing streets TO traffic as
oonsistent with the control Of traffiG
authorized by section s. paragraph d,
md authorizes such diversion OF tranic
without notice when proper signs are
placed
Ruling Within Statute.
In divertinG class of traffic from
Sixteenth street, with certain cXCep-
lions necessary for the delivery or
goods to property located on that
street. il does not appear that the di-
rector has gone outside Of the ileId
covered by the statute. Having Ill
mind the purpose Of Congress to pro
.ide by the establishment Of arterlai
highways or houleyardS. for the rapid
movement of traffic and relief OF traf-
tic congestion il does not appear TN
reasonable to divert heavy. solid-tired
vehicles from such highways except
when necessary to deliver goods. ne
authorities have provided for the ac-
cess to these highways by permitting
deliveries TO be made by using the
nearest cross street as the means OF
approach to points on the square or
lection OF! the street desired 10 be
reached
The regulation complained Of by
he defendant is authorized and rea
~onable. and he is found guilty as
charged.
Eldridce VIII Appeal.
Mr.. Eldridge announced today that
he would request the District Com
lnissioners TO have Corporation Coun-
~cl Francis H. stephens appeal the
,;4cision of Judge Mcmahon yesterday,
holding that the section Of the traffic
regulations Prohibiting horse-dritwn
vehicles from usin- certain streets Is
illegal.
Judge NcAI@hon'S contention that
he motor vehicle act does not give
,Jiln authority to control horsedraWn
, ehiclee is believed by Mr.. Eldr1dEe
50 be a misinterpvetatiCn. 1t WAS the
intent OF Congress. Mr.. Eldridge said.
ror such vehicles to come within the
cone OF the act. which gives him the
,ower to control motor vehicles ana
make such other regulations with
.e%sper1 70 thC. control of traffic not III
conflict with any other law i'll the |
District
III can't control horse-drawn We. |
.icles." said Mr. E.ldiid@e. they will |
20 able - violate every regulation III I
ne traffic code without Inolest@tion. |
Ii horses, are not traffic on our streets |
hen the definition III Webster's die
tiorarv is wrong
Sees Decisions Effect.
.me1 TO observe the reaction 10 !
Judge McMahou's decision, Mr. Ed !
ridge said he made i survey on Six |
teenth street today, and saw three |
isreputahlc-looking wagons driving /
along this thoroughtare, using tn"
middle of the street and delaying mo
tor traffic Til" driver Of another
wagon deliberately crossed sixteenth
street against a red stop signal, he
explained. ana only the careful drlv-
!ug of uorth and south hound motor
ists prevented an accident. That's
typical of what will happen under
Judge McMahon'S decision h"
declared.
Mr t,IdridGr also pointed our that
Judge McMahuu is wrong in stating
that the regulation barring horse
drawn vehicles off certain streets was
promulgated by him. "The Commfs
~ivners promulgated that regulation
ne declared, "and the judge has held
; hat the Commissioners have the pow
.-r to l,romulEate regulations. That Is
all that has been done in this respect.
Every regulation initiated in my office !
is submitted 10 III" corporation counsel |
20 determine whether 1t is reasonable
or not before il is sent to the !
Commissioners.
Thinks Appeal Necessary
The horse.drawn regulation was ap-
proved by IN" corporation counsel
nd it is legal and reasonable. In his
opinion. The Commissioners promul-
.ated K, and | believe that they
thould request Mr. Stephens to ap-
veal the decision.
The bill now pending il Congress 10
; mend the District traffic code, Mr..
.3ldridge pointed out. VIII clarity the
section outlining his authority. 1t
Iiso contains definition Of the word
tehicle. which will make it difficult
for Police Court judge to place his
bwn Interpretation on the intent of
{ congress in traffic control matters.
STATE DRY FORCES