Evening star., 1936-02-25
DISTRICT SPEEDING
CAMPAIGN HIT BY
MARYLAND COURT
State Commissioner Held
Without Power to Suspend
Operators Permits.
DRIVE WILL CONTINUE
AGAINST NON-RESIDENTS
Judge Woodward Declares Auto
Owners Licenses Apply Only
to State Authority.

The Districts campaign against
speeders-an important part of It's ef-
forts to reduce the traffic fatality toll
has been dealt severe blow by rul-
ing of a Maryland Circuit Court. ac-
cording to word received here today.
Judge Charles W Woodward asso-
ciated Judge of the sixth judicial cir
cult. sitting at Rockville, Md, ruled
that the State commissioner of motor
vehicles "does not have any specific
authority in law to revoke or suspend
operators permits of Maryland resi-
dents for violation of laws outside OF
the State"
The ruling handed down on Febru-
ary IL, will halt the practice Of the
Maryland commissioner, Walter r.
Rudy. of suspending the Maryland per-
'mit of drivers convicted of speeding in
the District, on receipt of advice that
the drivers District permit had been
suspended.
Van Duzer to Push Drive.
District Traffic Director William A.
Van Duzer admitted the ruling would
have some effect on the campaign in
augurated here six weeks ago, and that
it would provide immunity, so far as
revoking drivers permits is concerned.
for non-residents motorists He de-
clared, however, thar he will continue
to push the campaign here, and that
the Districts power to revoke the Dis
trict permits of residents will be
exercised, as in the past.
The courts ruling was handed down
on an appeal by Oliver w. Toll, attor-
ney for the A. A. A., who lives in
Bethesda, Md, against the ruling OF
Rudy in suspending his Maryland per-
NIT.
Opinion of Court.
The court stated that the Maryland
law providing that the commissioner
''may revoke or suspend operators per-
n1its of residents of Maryland for any
cause he may deem sufdcient""is an
"unlawful delegation by the Legislature
of power to an administrative officer
and that the provision was unconsti-
tutional because there were no rules
and regulations on the commissioner
Is to that provision, and that the
commissioner, therefore, does not have
any specific authority in law to revoke
or suspend operators permits OF Mary
land residents for violation OF any
laws outside of that State.
Record of Case.
Records of the District Traffic De-
partment show that Toll has no Dis
trict drivers permit and was placec on
the list of drivers prohibited from Sc
curing District permits on May Z, 1888,
after his second conviction in Police
Court on speeding charges. He was
convicted on December 20. 1884, OF 60
ing As miles an hour and paid a $40
fine. and on March $, 1885, OF going
a miles an hour and fined $40.
The District Traffic Bureau notlned
the MARYLAND commissioner OF its ac-
ton here in July, 1885, and Tolls per-
NIT was subsequently suspended. IL
was Tolls effort to secure the return
Of his Maryland permit that resulted
In the court ruling.
w. H. Murphy, secretary of the Dis
trict Board of Suspensions and Revo-
cations, explained today that the
MARYLAND courts ruling will not
change Tolls status in the District,
and that his name will remain on the
list of motorists prohibited from OBJ
tanning District drivers permits.
Plan to Change Law.
Steps to change the law to con-
form to the decision at the special
session of the State Legislature, sched-
uled to meet next week, were promised
by Rudy. j.
81 haven't received official word Of
the MONTGOMERY County courts deci-
sion." Rudy said, but we are pre-
pairing changes in the present law, and
If others are necessitated by the de-
cision, we will include them.
at appears that the ruling applies
only to permits of Maryland drivers
suspended for offenses in other States.
However, the court was considering
only a case of that nature and made
no comment on what the effect would
be If the offense were committed in
this State.
THE statement in the opinion that
the law is unconstitutional. because it
is an unlawful delegation of power
by the LEGISLATURE to an adninistra-
tive officer, might make it applicable
to Maryland drivers committing Of
fenses in the State, as well as out
side.
I'll have to consult legal counsel
on that question, but whatever our
department can do to continue our
reciprocal agreements with the Dis
trict of Columbia, New Jersey, Della
ware end Pennsylvania on suspending
permits Of Maryland drivers for Of
lenses in those States will be done.",