16 
THE AUTO LAW AT WORK. 
Former Secretary to Ex-Gov. Bates 
Discusses Some of the Problems 
and Controversies That Have 
Arisen—Gross Abuses of the 
Spirit of the Law, He Says— 
Highways Are Dedicated to Pub- 
lic Use—Suggests Improvements 
in the Law. 
In a paper printed in the Boston 
Transcript a few days ago in which 
he derides the over-zealous action 
of “some town Officials” in carry- 
ing out the new auto law to the let- 
ter, and in which he discusses some 
of the problems and controversies 
that have arisen, Francis Hurtubis, 
Jr., former private secretary to Ex- 
Gov. Bates, and counsel for the 
Massachusetts Automobile Associa- 
tion, says among other things: 
“On Oct. 15, 1905, there had been 
registered by the Massachusetts 
Highway Commission 11,546 auto- 
mobiles, 1495 motor cycles, and 270 
manufacturers or dealers had been 
given distinguishing numbers or 
marks. The number: of licenses 
issued to ordinary operators 
amounted to 10,955, and 4776 per- 
sons had received licenses as pro- 
fessional chauffeurs. 
“The exact money value of the 
automobiles licensed is not ascer- 
tainable, but a fair estimate places 
it at a figure considerably over $20,- 
000,000. And to this the millions of 
capital involved in the industry, and 
the large amount of money put into 
circulation by those owning auto- 
mobiles, and we get an idea of the 
importance of the automobile in- 
terests in our State, interests which 
ought obviously to entitle those 
concerned to some consideration in 
matters affecting their welfare. 
“Highways which are dedicated 
to the public use are believed to be 
for all the people, not for a class, 
nor for the exclusive use of the peo- 
ple of a municipality. It is elemen- 
tary to say that the rights of per- 
sons using the highways for travel- 
ling are mutual and _ co-ordinate. 
Everybody knows that it is the 
duty of each so to exercise this 
right of passage as not to cause un- 
necessary inconvenience or annoy- 
ance to any other having a_ like 
right. But to exclude an automo- 
bile from the public highways sim- 
ply because it is capable of being 
driven at a rate of speed greater 
than any other class of vehicles, or 
because it raises dust, injures the 
road or frightens horses, or for any 
other similar reason, would not, it 
is believed by many, be sanctioned 
NORTH SHORE BREEZE 
by the courts. 
“To say that a new method’ of 
passage shall be banished from the 
streets, no matter how much the 
general good requires it, simply be- 
cause streets were not so used in 
the days of Blackstone, would hard- 
ly comport with the advancement 
and enlightenment of the present 
age. 
“One of the most unfortunate if 
not deplorable conditions which has 
arisen in Massachusetts during the 
past season or two is what may be 
termed the over-zealousness of cer- 
tain town officials to prevent viola- 
tions of the speed law. It is possi- 
ble that the same spirit which ani- 
mates them to arrest and convict 
automobilists on every possible 
occasion animates them to prevent 
violations of law in other fields of 
crime. If so, that fact is not gen- 
erally known. 
“The officials of cities of the 
Commonwealth have felt inclined 
to regulate automobilists acco: ding 
to the spirit of the law. It they do 
not make as many arrests or cunvict 
as many people as do town officials 
it certainly cannot be because they 
are less vigilant or because they 
possess greater powers of discrimi- 
nation: rather is it because they be- 
lieve that the automobile law, as 
well as all other laws, should re- 
ceive sensible construction 
“It is a familiar rule of our courts 
that a thing may be within the let- 
ter of a statute and yet not within 
the statute, because not within its 
spirit, nor within the intention of its 
makers. It is this view of the law 
governing the speed of automobiles 
which city officials take. 
“The view taken by some town 
officials is that the law governing 
automobiles should be administered 
strictly according to the letter and 
not according to the = spirit, nor 
within the intention of its makers. 
They act upon the presumption that 
automobilists are usually violating 
the speed law, and it must be ad- 
mitted that in most instances this 
presumption on their part is upheld 
by the Court. 
“All that is necessary is for a man 
to state in court that he held a stop 
watch and timed an autoist over a 
course, and that the autoist drove 
his car at a rate of speed exceeding 
the legal limit, and a prima facie 
case is established. The law does 
not require a man to carry a speedo- 
meter on his car, and as they are 
somewhat expensive, all automo- 
biles are not provided with them. 
Without a speedometer it is not 
easy to gauge within a few seconds 
the rate at which a car is running. 
For one person, or a_ half-dozen, 
however, to swear that they are cer- 
tain the car was not exceeding the 
speed law is generally held no de- 
fence. It matters little whether the 
stop watch has been recently tested 
or not, or whether it is known to be 
accurate. 
“The approval of the courts—by 
conviction—of this vigilance on the 
part of town officials furnishes 
moral as well as legal support for 
them to continue in the wholesale 
and indiscriminate arrests of auto- 
mobilists. 
“It is doubtful whether more 
than a small percentage of automo- 
bilists would be unwilling to be 
fined if convicted of actually driving 
their machines at a dangerous or 
reckless speed, or in utter disregard 
of the rights of others; what they 
do object to are the unfair methods 
adopted in procuring evidence to 
secure a conviction for what may 
or may not be anything more than 
a technical violation of the law. 
“The present automobile laws of 
Massachusetts are not the worst in 
the Union, yet they could be im- 
proved and still amply protect the 
general public. We are aware that 
it is almost treasonable to talk of 
depriving a Massachusetts town of 
self-government, but there may per- 
haps be something extenuating in 
urging State control in order to im- 
prove general conditions or to pre- 
vent local abuses. 
“The automobile upon our high- 
ways has introduced a condition of 
affairs heretofore unknown. No 
other vehicle can accomplish such 
results. They ought to be governed 
by the broadest laws possible. To 
subject them to such‘ varying regu- 
lation as 354 cities and towns of the 
Commonwealth may wish to make 
is unreasonable and unnecessary. A 
State law, therefore, governing their 
conduct and speed should be made 
uniform throughout the State, so as 
to prevent confusion in the minds 
of the operators. 
“Another improvement would be 
to provide by State law a longer 
‘trap’ or ‘course’ to judge of viola- 
tions, and the establishment of a 
highway improvement fund (such 
as that of Vermont and of other 
States), consisting largely of the 
fines imposed for violations of auto- 
mobile laws, instead of the present 
system of placing the fines to the 
credit of the cities or towns where 
the offence was committed. © Such 
a law would be fair to all, and at the 
same time would destroy the per- 
nicious system of indiscriminate ar- 
rests now put in operation by the 
officials of certain towns.” 
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