Evening star., 1929-12-15
COURT DECISIONS
AFFECT MOTORISTS
California Gas Tax Is Upheld
Law Relieves Driver of
Guest Responsibility.

Two decisions of importance to mo-
torists have just been rendered by the
United States Supreme Court, accord
ing to the legal department of the
American Motorists Association.
The most important is the courts
decision upholding validity of the Cali
fornia Scent gasoline tax, the asso-
citation declares.
This is the first time that the United
States Supreme Court has had an op-
portunity to pass upon the validity OF
State gasoline tax, which every motor
ist in the United States now must pay
The upnolding of the validity of the
California act inSureS the continuance
of the tax not only in California, but
in other States, without which highway
construction in the United States would
almost come to a StandStill," it is point
ed out by Thomas j. Keefe, general
manager of the association.
THE average tax paid per gallon at
the present time is 3.07 cents, which
means that each motorist in the United
proximately $1425 in the form of gaso-
line taxes toward the Nations high
way construction program"
Vau0lJy OF lax AtLdckeus
Validity of the California tax was
attacked ON the ground that the tax
was for the purpose of supporting pub
lie highways, when these highways are
aided by Federal legislation, which pro-
videS that no toll" shall be charged
for the use of them. Legality of the
that it was in conflict OF the due
process" clause of the fourteenth
amendment, and also in violation of
the constitution of California.
THE effect of the decision will be
to settle for practically all time the
constitutionality of gasoline taxes and
add impetus to highway construction
throughout the United States" the
American Motorists Association legal
department declares, pointing out,
however, that the courts decision would
not preclude a possible attack on the
legality of the tax on grounds other
than those decided in the present case.
The second decision upholds the right
of State to enact statute relieving
owners and operators of automobiles
from responsibility for injuries to guests
transported gratuitously in their auto
mobiles, unless the injuries were in
CURED in accidents caused Intentionally
or by needless or reckless disregard Of
others.
Connecticut Law Upheld.
1.-THE trend of many recent decisions
has been to hold the motorist to be an
insurer of his guests safety. To re-
lieve motorists of this responsibility in
cases of injuries to gratuitous guests the
State of Connecticut passed an act
holding that motoriSt could not be
held liable in case of injury, death or
loss, in case of accidents, unless such
accident was intentional on the part of
the owner or operator or caused by his
heedleSSness or his reckless disregard
of the rights of Others" the American
Motorists Association statement eX-
plains.
'The American Motorists Association
holds no brief for careless or reckless
motorist. However, as long as a mo-
torist operates his automobile in a care
full and cautious manner, we believe it
only fair to relieve him of being an
insurer of the safety of gratuitous guest
who might happen to be injured while
riding with him." the associations
statement concludes.