Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-03
BAN ON SOt|D-T|RE
VEHICLES UPHELD
Supreme Court Supports
Traffic Director in ArteriaI
Highway Decision.

The director of traffic has the right
to exclude commercial vehicles,
equipped with solid tires, from Six
teenth street and other arterial high
ways. according to a decision of the
District Court of Appeals today rem
dered by Justice Charles H. Robb. The
court sustained the action of Judge
George H. Macdonald of Police Court,
who had imposed a fine of $40 on
Eaton Smallwood. who drove heavy
truck on Sixteenth street last Febru-
airy. Chief Justice Martin concurred
in the opinion, but Judge Hatfield,
who sat in the case, dissented.
In directing the traffic director to es-
tablish arterial highways or bouie-
wards to expedite motor-vehicle traffic,
the court says, Congress authorized
him to make reasonable regulations
to carry out the provisions of the act.
One obvious purpose of the act, the
court declares, was TO provide Tor
greater speed on these arterial high
ways, and this purpose is frustrated
if the director may not exclude heavy
trucks, which are admittedly hard to
control in traffic, and the speed of
which is specifically limited by the
traffic regulations.
The court did not render an opinion
in the cases of Harvey Wheeler and
Fenton Goldman. who had been
charged with driving a horse-drawn
vehicle on Sixteenth street in viola
ton of the regulation. The Police
Court there held the exclusion of the
horse-drawn vehicle to be invalid.
Need of Regulations Cited.
All regulatory provisions, the court
points out, contain some degree of
prohibition and regulations which half
a century ago would have been re-
iected as arbitrary and oppressive, but
now are sustained by the courts under
the complex conditions of the day. No
one will deny, suggests Justice Robb.
that the regulation and control of
traffic in cities of the size of Wash
ington has become q serious problem
by reason of the increased use of
motor vehicles.
The safety and convenience of
pedestrians, motorists and others
using the streets call for regulations
tending to expedite traffic and reduce
congestion, the court points out. Con-
gress has not only authorized the di-
rector of traffic to regulate the speed
and parking of automobiles and to
register motor vehicles, but to make
such other regulations with respect
to the control of traffic in the Dis
trict not in conflict with any law of
the United States as are deemed
advisable"
The court cited a number of opin-
ions holding that the use of public
streets for the purpose Of travel is
not an absolute and unqualified right,
but is subject to be limited and con-
trolled by the sovereign power when
ever necessary for the public health,
safety and general welfare. In Com
monwealth VS.. Kingsbury, 1879 Mass,
542. the court sustained regulations
prohibiting the passage of automo-
biles over certain streets of a town,
declaring that in choosing his vehicle
every one must consider whether it
is of a kind which will put in peril
those using the streets differently in
a reasonable way. That decision
quoted with approval a decision rem
.dered more than so years ago exclud-
ing omnibuses from certain streets
of Boston.
Defense Plea Overruled.
Just as the Commissioners have the
right to prevent puSh-cart VenderS
from plying their trade in the con-
gested business section, and it has
been held reasonable regulation to
require permits to operate automobiles
and inflict penalties for failure by
drivers to exhibit their permits, so
the exclusion of heavy trucks from
arterial highways may not be called
unreasonable, the court holds. If the
director lacks authority to promulgate
the regulation under consideration,
says Justice Robb, he also would lack
authority to prevent the general use
of arterial highways by push carts
and other slow-moving vehicles, al
though such use would Illustrate the
intent of Congress.
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