Evening star., 1939-03-23
Pedestrian
Control Is
Upheld
Judge Mcmahon
OverruIes Motion
In Test Cose

The Districts pedestrian control
regulation today was operating
under sanction of a court ruling
after clearing legal hurdle raised
in Traffic Court yesterday.
Overruling motion to quash the
information in a test case, Judge
John P. Mcmahon declared that the
regulation was to protect citizens
against their own Ignorance,
foolishness and carelessness.
The court, overruling on four
points, held:
l. That the Commissioners have
the authority to regulate pedestrian
traffic
2. That the regulation is not
unreasonable, unusual, unjust and
oppressive" and that it is not "re-
strlctive OF and in violation of the
rights of personal liberty guaranteed
to every citizen by the Constitution.
3. That the Commissioners, If the
regulation is considered within "all
four corners" did not overstep legal
bounds in giving police full power
to regulate" pedestrian traffic.
4. That the Commissioners have
the power to promulgate regulations
In the absence Of express legislative
power granted by Congress, consid-
ering the governing body's quasi
legislative" power.
Attack Police Power.
Defense Attorneys Philip Gold
stein and Umbert Aiello, arguing in
behalf of Bernard Klateman, the
first person arrested under the new
regulation, dwelt at length on the
assertion that the Commissioners
unlawfully delegated power to the
Police Department to regulate"
when police are expressly forbidden
by Act of Congress to do no more
than to enforce" traffic regulations.
Defense counsel cited a provision
in the Traffic Act which says that
mo member of the Metropolitan
Police Department may be empow-
cred to perform any function under
sections 241-253 of this title other
than in the enforcement thereof"
The first paragraph of the regu-
lation reads: mo pedestrian, eques-
trian or driver of any vehicle shall
disobey the instructions of any ap-
plicable official traffic sign or signal
unless directed to do so by police
officer. Police officers shall have full
power to regulate pedestrian, eques-
trian and vehicular traffic"
Y,,Irn NHaNHeh~,, ,o1I
not be presumed in law that police
would use this authority in an un-
reasonable manner. The court
raised the question whether it would
be unlawful for police to direct pc
destrian or vehicular traffic at an
intersection where the light became
jammed.
Threw Out Case In 1924
In 1926 Judge Mcmahon threw
out a similar pedestrian regulation
on the ground that the Traffic Act
at that time did not include pedes-
trians, but only vehicular traffic.
The act since has been amended to
expressly include those on foot.
Contrasting the traffic situation
here in that day with the present
knotty problem, Judge Mcmahon
said that on some downtown streets
traffic has virtually reached the
saturation point" and that "pedes-
trians have not been obeying the
traffic lights in the midst of this
heavy traffic with reasonable care
and caution"
The new regulation was designed
for "the sole purpose of saving lives
and to protect citizens against their
own ignorance, foolishness and care
lessness," the court added.
Assistant Corporation Counsel John
ODea argued the motion for the
Government. Trial of Mr.. Klate-
man on the charge of crossing
against the light at New York ave-
nue. and Fourteenth street NV. will
be held Tuesday.
Defense counsel would not say last
night whether the case would be ap-
pealed. However, an exception to
Judge McMahon's ruling was noted.