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Show STATE AND CITY LAWS CONFLICT " )'::-.( or nni the amomnbiie acci- j ; ! in of Saturdav nignt that resulted in I i ice df-ath of Kdward Dsvirs and lor- I ribie iiijnrv tn Miss Gladys MitcheM. in- 1 j ol rd v Sola ; ion of t lie nit y ord i na ncc j "i lo" slate statute governing the op- ; '".uk'1! of motor vehicles, neither Chief j ' i f 1 'o! ice n. I-". G ra nt nor City At tor- uey II. ,T. Dininny would venture an i .opinion Inst night. Both agreed that n ; '. iola t 'on of l ,oth t he ordinn rice and l lu i '-i.uutc wQMld b esinbltshed if It should " nrmvd to the sa tisfct Ion of the court , 'hat .W-se :psas. drier of hie ear. wa o .oroicpding n: mor- ihan a "reasonable" I , of pecd. Tii" term "reasonable," jM'-c.-M-ding io i'oh! hip vho( and tlie nt- ! , or-iev. dcnrri'Is for its i , plica t ton upon ; ! ' 1 nc condition; under whh h I !i d rivinc . ' .is done nn. iis in! e; i i a t ion 1 il;r 1 , -! its. ricth p- -pi:;m post w Ith tne court !i liif fi:wl n na lysi. j , An one point ihe t(nute and the nr- i o iini-.e :i;.,i,irpntlv a: variaive. and (V:ricv hiujinv aid tar nizhr that 1b. '..rdit'Hii.'c is .-nnc.:iently null wherein I ! ; e d i i i 'TP ;h e lies. The S. hit e renni rrs ! -bat a 'Irivor stop his automobile when . -boUt '' pas' a siroei car C nt has ,. .-mpped. either to i.iUc on or d'n-ebarge j. .-s"Tigp;-. I Ordinance Pifiers. ! ' T hp nrdi ranee ilovs the it r h'er of the ' ,;';jio to pro.-fd und.T non-ctricru red enn- I; ''M'ions rf ti-H'Ti'-. pro-vided I h t be dr;ve t,ot n-rer .inn whhln eibt fet of i'n ', iM'S of thp strPt cr. This privilege, :i '.y A'lorn'' Dininnv. cannot lawfully j i zivbii amoists by th1 niriinane. in i!ip m m-e o the state )n w. He en!nin:d tliwt jj lifln tlie prrspiit re-lsr"- trnffjo nrdi- i ' iv a in Ca 1 1 fornia on his l a a ; ion nd i h'l n-L know of the H:3' repHDcv umi! i 1 it was called to his attention last night, i f e said that It was the intention that the clause, permitting driving so long as the distance of eight feet was preserved between tlie automobile and the street car stps should have been eliminated. It was a part of the ordinance before revision re-vision a nd was mistakenly continued as such, says Mr. Dininny. Chief Giant cited the section in question ques-tion as the reason for non-inforcement of the state law, requiring automobiles to come to a full stop nnder the condi-' Hons as stated. He pointed out. In addition, ad-dition, that the enforcement of the stole law would work great congestion of traffic traf-fic in the business section of the city. Pepends on Court. Attorney Dininny said that whether tlie case of Saturday night would come within with-in the section of the statute requiring; autos to stop under the stated conditions, condi-tions, would depend upon the Interpretation Interpre-tation of the court. He pointed out that tlie law does not stipulai e whether "passing" means only overhauling, in which case the auto would be on the same side as the mounting or dismounting dismount-ing passengers, or whether it means passing in any manner. Gesas drove past the street car at Severn h South and Fifth Fast streets Saturday night in the opposite direction to that in which the car was headed, the. car being outbound on the Fifth East line and the automobile auto-mobile being headed northward, on Fifth East street. The victims of the accident acci-dent were struck as they crossed the track from the west to the east side, back of the street car, thereby stepping in front of the automobile, quite unaware of their danger. Whether or not the fact that the man was killed and the woman injured would constitute proof of violation viola-tion of the statute or ordinance or both would depend upon thp interpretation of the law and the significance of the evi- i dence in the case, according to Attor- j ney Dininny. State Provisions. Exceprts of section 8. chapter SO. of the session laws of the state for 1?M6, which appear to have a bearing upon the situation in question, follow: No person shall operate a motor vehicle or motorcycle upon any public pub-lic street or highway at a speed greater than is reasonable and safe, i having due -regard for the width, 1 grade, character, traffic and common use of such street or highway; or I so as to endanger life, limb or property' prop-erty' In any respect whatever. Upon approaching or passing any person walking in the roadway or traveled portion of any public street or htgh- I way. or any horse or other draft animal being led. ridden or driven thereon, or upon any bridge, or crossing cross-ing at an Intersection of public streets or highways, the operator of a motor vehicle or motorcycle shall at all times have the same under Immediate control No person operating a motor vehicle or motorcycle motor-cycle upon a public street or highway high-way in this state shall drive the same past any street car. interurban or other passenger train, while the same is standing still for tlte purpose of taking on or letting off passengers to or from such car or train. City Ordinance. With rega.rd to tlie sped regulation, the city ordinance coincides with the statute. On the question of passing cars that have stopped to discharge or take on passenger. , the provisions of the ordinance or-dinance are set forth in section 32 of tlie revised version. It follows: Every person in charge of any vehicle ve-hicle upon any street or avenue of this city shall keep the same at least eight feet from the running board or lowest step of any street car or interurban car which has stopped or ' which Is about to stop lo take on or let off a passenger or passengers, and shall maintain such distances from such car until euoh vehicle shall have proceeded beyond the front of such street car or interurban car. If, by reason of the presence of a vehicle or other obstruction at tlie place where such car shall have stopped or Is about fo stop, or - hv reason of the narrowness of the srroel or avenue it Is not possible to preserve sa id dista nc nf eight free! from the running nmrd or lowest tep as her pin described, then the person in charge of such vehicle shall stop the snme and remain standing until surh street car or interurban cur pbalt proceed. - . I |
