CAPE MAY COUNTY TIMES, FRIDAY, JANUARY 19, 1923

Page Six

When Is Auto

' ful and worthy of discussion in your

editorial column."

The above mentioned clipping fol-

a Pleasure Car "Ford with Seat Removable so as to Allow Carrying of Packages Held Much Discussed Question of Commer- not a Commercial Vehicle. The °«n-

_ t ers of an automobile, which, accord-

cial Registration of Autos Provokes lng to a lirie( in the ca8e . Editorial Expression known by its acquaintances simply

as the Ford.' and has not even been endowed with a pet name, or nick-

New York Case Is Cited name, such as facetious owners fre-

quently bestow on their divers, ex-

The Elmer. N. J.. Times, in its last cvpt when it refused to function. Issue discussed the question which *'hen sometimes called by other has troubled Cape May County farm- names appropriate to the occasion. 1 'ers. as well as farmers throughout «»'Pht a preemptory mandamus eomthe State, as to the licensing of pleas- polling the State tax commission to ure cars when occasionally used for register the machine as a private car. delivery purposes, in the following Registration had been refused on the

ground that the rear seat of the Ford was removable, so as to enable it to be used In carrying articles, thus making it a commercial vehicle or

’ meaning of New York Highway Law. ’ section 282. paragraph 6a. The New

editorial:

Echoes are still reverberating over the recent activity in South Jersey by

State Police in a campaign to prevent . ■utomobiles b..ri»e plM.iire vehicH v „. k '

registrations from carrying anything

U in receipt ot tie Mlowinp >p Jnstiee Dike In pbrlrkle r« L«.. munication from a well known law- reported In IbO. k ‘ yer. formerly a resident of Elmer, i »“> »* deetdedtbat the iow residing in Newark, in «Upk be T”? *“ * ■«"»•<• -HM" cites a recent opinion of the New I "" ‘ * sl «‘> 10

York State Snprem. CoPrt on a aim ;

liar subject the maUnal of ,li e painstaking

housekeeper to the provision shops.

The letter follows: ! and , 0 ,be railroad depots, being con-

January 3, 1923. | reyed to and fro by automobiles or

"Recently I saw in an issue of the motor trucks of various kinds. The Times an article reporting the fining vehicles are frequently filled to overby Mayor Hitchner of one of the. flowing with packages, bundles, bags, farmers near Elmer under a charge and occasionally trunks or handbags of having used bis pleasure car as a in transit to their residences. This commercial vehicle. I have noted use does not make these vehicles that the occurrence has created quite ■commercial.’ They are still being •ome comment in the papers, and if used as a convenience for theirown1 recall correctly the Newark News nera, not for hire. The objects have

of a recent issue had an editorial on not the character of freight

the subject. On reading your article; which a tariff Is presumed. It Is a I remember having had some ques- personal use. and the element of gall tion in my mind as to whether the to the owner by reason of his service Motor Vehicle Department was not to. and the use of his motor vehicle

■hooting wide of the mark. I felt by others, is eliminated.*'

that common sense at least would j In the opinion of the Times the dictate that they were doing so. ■ statute itself Is not so much at fault "I ant taking the liberty of enclos- as the freakish interpretation placed lng you a clipping from the Atlantic upon it by over-sealoua officers. The Reporter of December 21st. Volume intent of the law Is very plain in that

118. pamphlet No. 14. relative to an opinion of the New York Supreme Court, by Justice Dike, in the case of Zabrlskle vs. Law. reported in 194 ; N. V. Sup. page 626. which may be Interesting to you and may be fruit-

it attempts to raise additional reve-ito occasionally use the car for any nu. from users of commercial vehic- purpose which he migfct see fit. It les. unde; the assun.ntlon that they 1 remained for the over-iealous troopuse the.public highways for profit ers. with plenty of idle lime on their and should reasonably be expected to hands, to seize upon the idea of makpay a proportionate share of the ing arrests on such trivial infrac.costs of construction and mainten- tions of the law.

Motor registration agents were ln-i structed by the State Motor Vehicle Commissioner to insist upon commercial registration where cars were constantly beinc used in the transportation of commercial products, but lu no case have we found that the commissioner or his agents drew the line a pleasure car registration need fear

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