THE SCBAXTOX' TRIBUNE SATURDAY MOItXJNG, MAHCH 23, 1896.
ROUND HE Ml;
K WORLD
THE WHEEL AND THE LAW
Legal Status of the bicycle Xot Yet
( ' Clearly Defined.
IT, HOWEVER, IS A VEHICLE
Horn of the Legal Dsclsloos Which llav
Het n Called forth b lh Wonasr
fal Growth of the Great
tYltceltag 'port.
fium thw Iwtrolf Free Irs.
bicycles In a general way, It may be
said:
THE LAW HUMMED UP.
1. Municipal corporations or cities
are liable to a bicyclist for Injuries In
curred by reason of defective roads
I (i. e.. unguarded embankment, a deep
rut, a large stone), provided he Is not
guilty of contributory negligence. A
city Is under no special obligation to
wheelmen, and the detect must be
such uk to cause Injury to vehicles In
general. A bicyclist injured while rid
ing on Sunday for pleasure or business
cannot recover In slates where "Sun
day laws" are iu force.
J. A w heelinun has a right of action
ugalnst th' driver or owner of u ve
i hide who wilfully, or m-Kllgently
causes a collision or damages his wheel
while left Hljudliiif lv the street curb
' The use of the lilryrle for the pur- j or rt,udside. It is the duty of a wheel
pose of locomotion and travel jmj . inani however, to uvert collision, if
recent that us yet there is little ailjiull- I jxjusil.le, and he cannot recover Jam
ration 'us to the right liability of ulfe(1 lf Mf ow nHKKencc Is the proxi
truvelers employing It upon the hlgii- mu(c nlue 0 n,,. injury complained
May; but 'the trend of judicial author- j llf
ity seems to place the wheel on a plane i ;i A traveler riding on (he left hand
of equality with other vehicles. ,j,. t,f tnp ,.,( priibuljly assumes nil
The early advent of the bicycle met , ,.Hkg all(1 ,.,na rac,, guilty of negli
wlth strenuous opposition, both from s,.lll:1,
je'destrlans and agencies of the road, Vehicles going in the same (ilrec
the former contending that It was a ton ,lle hindermont may jmns on
vehicle, and snouia oe ranmi either side.
o. Sidewalks are exclusively for root
passengers, but a foot passenger has
a right to walk in the highway, and is
entitled to cross the s'treet where he
may elect, but Is guilty of negligence
lf he attempts to cross ahead of a ve
hicle. And the fact that the vehicle Is
on the wrong side of the road is no
evidence of negligence In an action for
injury to a pedestrian.
ti. A bicyclist employing nn Immod
erate rate of speed on a highway or
street muy be liable civilly or criminal
ly In case of accident. If he recklessly
runs his wheel uriitiiHt u ticrieNtrlun lie
! fn .,u.il. n..l lmlta.u
k'ssness will sometimes supply the
place of criminal intent, and If a bi
cyclist kills a human being while going
tit a dangerous sjiet-d he may be con
victed of manslaughter.
The term "Immoderate rate of
speed" cannot be accurately defined.
It depends upon time, place and cir
cumstances. There is us yet no statutory or case
law in the state of Michigan in regard
to the bicycle. The common council of
1 1, ai.iou-nlk and the latter asserting
that it was an object of terror, the use
of which was perilous in thut it fright
ened horses. But by degrees this child
of adversity began to bo recognized by
the courts and its legal status estab
lished.. Ktaally Hs paternity was es
tablished und it was placed In the cate
gory of carriages and vehicles.
Although Ulackstone. Coke and other
common law Jurists never experienced
the sensation of a spin on a bicycle, yet
we look to the law of the mother coun
try for the earliest cases Involving
the low of the wheel.
' A U2ADIN0 CASK.
The-authorities, almost without ex
ception, now recognize the bicycle as a
'carriage" or "vehicle," entitled to the
rights of carriages and vehicles In gen
eral, and no longer regard It a:i an ob
struction to or an unreasonable use of
the streets or roads, but rather a new
and Improved method of using the
game, and "irermiine, to their principal
use as a pathway." One Taylor, an
.,,-, . . t. A !.... 4.. lulia thd
K imi Sour and h Vase of passed an ordinance regu.at-
Taylor against Ooodwln Is a leading
third base; Moss, short top: Smith, left
Held; Gurry, center Held; Minahan, right
field.
Her is something wonderful Indeed:
George Kuntsell, of the Syracuse team,
says that the four clubs which will close
the seaaon In the first division of the
Eastern league are Providence, Rochester,
Toronto and Syracuse.
George Mahoney, the Georgetown's star
twilrer, says tie will never enter the pro
fessional ranks, and refuses to entertain
any proposition from a major league elub.
So the major magnates would do well to
save a waste of time by opening negotia
tions with Mahuney that will prove futile.
President Freednian. of the New York
Base ball club, says he doesn't care
whether Amos Husle pitches for the ciuo
or not, and that under no clrvumatancsj
mil he remit the nne Imposed upon the
pluyer lat w-asun for Infractions of the
rule. "1 would sooner go out and ind
llu.ugu for another pitcher than give In
tu KuI on thl.i." said Mr. freejman, In
a tit of passion. "It isn't a question of
J-.'Oii. There I principle involved in this
Hiunh. und 1' Hill not give in It Kiisln
do-in't pitch a ball all season."
Tuesday morning the members of the
Boston Huse Hull i-uin. who are pi act). -Ihk
at "harlot lesville, Vu . went out to
.Muolewood cemetery at that place, und
each man pluced a bunch of flowers upon
the grave or I'lmrles Ferguson, the fam
ous I'liiluilclphla pitcher, who died some
years ao. He wus a t'harlottesvllle bay
ami commenced his base hall work with
the old Virginia league, but soon withdrew
to accent an offer from the Phils teluhta
club, whese insnaaer re'-oen'"-! nt n" !
that he would be the leading pitcher of the
country, as many atturwaiu teiy aj.t
realised to their sorrow. Many wers the
kinds words which were said by the Bos
ton about the dead base bait player.
STATISTICS OF TROTTING
Interesting Pacts and I'ijjurcs About
Trotters and facers.
RECORDS THAT STILL STAND
la the Upea Class. Qa.sa Alts Uolda the
2:03 3-4 and Fantasy I Proad
of ths ThrM-Y.ar.Old
Cbsnploashlp.
BICYCLE NEWS AND GOSSIP.
one. Mr. uonuwir. sprmieu on a. cer
tain road In violation of a statute mak
ing the furious driving; of a carriage
on the highway an offence. Upon the
trial he did not deny the imputation of
Immoderate speed, but contended that
the bicycle was not a "carriage," and
that the word "driven" as ordinarily
understood was not applicable to the
bicycle, and that the mere fact that it
had wheels did not make it a carriage
u'ny more than a wheelbarrow or roller
skates. Btt.t the court was ot the opin
fnn that it was n carriage In the full
sense oi the word, and thai persons
riding It might he until to "drive" it in
the same sense that an engineer drives
nn engine, although he guide as well
ns propels it.
Investigation discloses American au
thorities. i In applying the established law of
Hie road to the wheel, probably It Is not
entitled to the dignity of u carriage,
!i ml while there is no authority for the
statement. It hcpium that the wheel-
, man In riding on the road should be
governed by the Immemorial usage
und custom applicable to horsemen. It
has been held that there Is no law re
liilriug a man un liorsebuck to turn to
either the tight or to the left hand. He
should be governed by Ills notions of
prudence. A horseman should yield
the traveled track to u vehicle where
lie can do so without peril.
A bicyclist and a horse can pass
along a track much nut rower than that
rciiuiied fur carriages; they also oc
cupy much less linear space, in both
cases the control of the traveler Is
more absolute than In the case of
horses attached to carriages, but the
bicyclist cannot be forced to ride his
machine on dangerous ground. The
' cardinal rule, however, Is to "keep to
the right."
... Humming up the law pertaining to
ien to
Ing the use of the wheel on the streets,
but It was vetoed by the mayor.
The question, however, of whether
Improved methods of locomotion ore
admissible on public roads arose In
Michigan as early as lKTtl and the opin
ion of Judge t'noley In the case of Ma
cumber vs. .Vichols is or Interest to all
wheelmen, and although written long
before the adoption of the blcvcle. It
seems to untlclpate radical innova
tions In the methods ot locomotion on
the highway.
BASE BALL NOTES.
Providence has signed Ave pitchers,
l'ottsvllli! hus signed Jack O' Brier
play short.
Itoehester plays but nine scheduled Sun
day games ut home.
The Ku? tern leauue celebration of Harrv
Wright day will. be April "X
joe Minim, Lyons and Murruv will com
pose ihe iMovldciice uutliehl this season.
Fred PfefTer's retirement from major
league base ball is now predicted by his
enemies.
Syracuse Is senerally regarded as one
of the strongest ut ull the minor league
teams on paper.
Hill Iange's ankle ii mendlny. He says
he will sprint over the circuit as faat us
ever next season.
Scott Slrnlton has retired from base ball
fur good, and is now inihe mercantile bust
ness at Tuylorsvillc, Ky.
WHh Tom .Mct'aiihy as captain of the
Ilrooklyn it bruins ao look us if Have
Font. Is a case of excess tiaKgUK".
With Kogers, Strieker and AlcAuley cut
of the Providence Inlleld, it may lie the
cause of that club being one ot the tail
enilers. Koset'S. of the Providence club, who led
the llrs't basemen last year, will play with
Washington this season and Juke Irauly
takes his place. Mrauby has a llelding uv
ernge of .S'iS, and a balling average of
The Syracuse Star team will open the
league seuson like this: lteluney. Jor
dan Brixton- Willis. Whitehill. .Mason,
pitchers; itufter, Hess, catchers; farel,
llrst base; JOagan, scond buse; fielllv,
Charles Klesel Is riding a "W Sterling.
iMoriis Sloan has purchased a handsome
new Peerless.
Henry liluheo.k has received his new
m-pouhd read wheel. It's a Keating.
Captain l.u.-as, of the Hcranton Bicycle
club, Is riding a new "Yellow Fellow."
Scalding' official Base Ball ilutdcs
for sale ut Ftorcy's. 1SS! Wyoming avenue.
Lieutenant Oovernor W'atres has pur
chased a iearn4 wheel for his son, Law
reti'.'e. Captain Charles Carr. of the Green
Uldge Wheelmen, Is "pushing" a new
Ktuting.
F.dltor Beamish, of the Frea Press, has
Joined the Huong. Kioherd lias ordered
a "bike."
K. H. Sorhern. the well-known actor,
and Bronson Howard, the playwright, will
sturt on a European bicycle trip in a few
months.
K. .-. Steams, the Syracuse cycle man
ufacturer. has returned from his Ber
muda Island trip. He says the climate
Is u fine one for cycling.
"Pop" Foote, who trained the Scranton
Blcvcle club's racing team lasf season,
has been eagaged as a salesman in Bitteu
bemlcr & Co.'s bicycle department.
Manager of cycling agency, to clerk
What did the lady wlsn wlro Just called?
t'lork She wants her bicycle enameled
in black. Her 'husband has Just died.
lulJlng' oftlulal )" Base Ball Uuldes
for sale at Florey's, SJ2 Wyoming avenue.
Tandem tiding promises to be very popu
lar this sea on. All the makers report ex
tra latge sales for the double-eealed ma
chine. LMany triplets are also being or
dered. . It T-l.. I,. nf fthtft fltl WAtt
f . it. XUUIIIIIH, J,., ......
In Harrlsbuig Wednesday last attending
a meeting of the league of American
Wheelmen vominlttee on highway and
road Improvements. ,,.'.,
Phe writer was !ra.:ed to a delirhtful
tandem ride on Tuesday on a Tribune
lan lem bv Ben Keller, whose father, M.
T. Keller, sells that and several other
high-grade wliee'.s. The tandem is of the
combination pattern, und runs unusually
smcoth. . , .
Hubert White, mamager of Foote
Shear conipuny's bicycle department,
trfate 1 manv of his fiinhds to a ride on
the new Cleveland tandem received by
his tlnn latt week. The marttlne is of
the doulile diamond frame pattern, with
an Pil-inch gear. Jt Is a beauty.
II. I Marvel, salesman lor the llsrt
ford Hubber works, is calling on ths bi
cycle dealers of this city, singing the
pialses of the Hartford single tub tire.
Mr. -Marvel is one of th most popular
ttavelltig salesmen in the business and 1s
pu.-'hing a good thing, viz.: the Hartford
tire.
A meeting was held recently at Oormully
& JetTerv'a Klgh.th avtJiu store of the
New York Cvcle oard of Trade, and mem
bers or the leading sundry manufactur
ers. The conference piovoked a good deal
of disfusslon, without arriving at the
object of the meeting, to wit.: the nutni
tenancw of list prices on lamps, bells and
cyclomatei. The retail dealers are ob
jecting to the handling of pheeie goods
bv t he big department stores. N solution
of the problem Is at hand, but one it
wanted very badly.
The new record books of trotting and
pacing- contain some Interesting stat
istics relating to harness racing in 18V5.
Although no account Is taken of races
In which the winner's time Is slower
than .30. summaries of over .5U0 har
ness contests are printed this year,
showing a slight Increase over the vol
ume of sport In lsM. As only about
two-thirds of all harness races are won
In standard time, it Is probable that no
fewer than f.uOO or 10. wu trotting and
pacing contests took place last year
on the tracks of the L'nlteU States and
Canada.
Something like 1.200 meetings were
held by the l.WMl or more driving clubs
and fair associations, and at these
meetings nearly H.OOO different horses
started for the ?;i,(KH),tXK or more hung
up In prises and stakes. Bays .the Sun.
According to the trotting turf guide the
total number of trotters In the 2.30 list
at the close of IMS was 11.88!). but the
compiler has rejected on technical
. which are
liiniiim a uw limn; . . . ... . .
generally accepted by other authorities.
so mat tne rou oi Jiunor
exceeds 12.000 trotters. Of these about
I.4U0 gained their best record last year,
and something like 1,00 pacers also
entered the 2.30 list.
STRONG SHOWING OF PACERS.
The strong- showing made by the
pacers Is one of the notable features of
the statistics of lsif.. Ten years ago
the complete, list of 2.30 aeers num
bered less than 500 horses, and at the
close of 1890 there were only 1.251 side
wheelers having records as fast as 2.30.
Yet so rapid has been tho rise of the
once despised pacer that the list now
comprise more than 4.500 animals, and
it is Increasing at a rate which bids
fair some day to place the lateral
galted horses In the majority. Just
how many pacers there are In the i.o
list at present is a matter of some un
certainty, in lail the 2.25 list com
prised 4 pacers, while lite turf guide
four years later gives the. names and
records of 3.456 slde-wheelera thut have
equaled or beaten this mark.
For the first time in many years the
compilation for 1895 shows no change
In the list of champion trotters, not a.
world's record having been shattered
during the last campaign. Alls, with
her mark of 2.034. made at Oalesburg.
September 19, 1HW. holds the palm In
the open class. The dead ltalph Wilkes
still heads the list of 5-year-old trot
ters with his record of 2 ti. gained ot
Nashville In 1894. Direct m' 2 .054 re
. i i..B limn mi t-fnnrd for 4-
year-olds and for trotting stallions of
any age.
FANTASY THE CHAMPION.
Fantasy holds the champion 3-year
old record, but It Is 2.0S,, ana tint
2.U8U. as the turf guide has it. Arloti's
marvelous mile in -.iu. -.......
... .,.. ,.i. i i, ifcst mill
uik m . w.v - -----
stands unapproached. and it is the only
champion recoru wnicn nas duiinuwi
the advent of the speed -Increasing
pneumatic wheels. The yeaning rec
ord of Adbell. 2.33, made in 1SH4. was
not approached last season, mainly be-
AaA wm.'a four venrllliffA in
training, and almost no raves at oil for
colts of this age.
A report has been gointr the rounds
that William Simpson bus decided to
chango the name of his champion pac
ing u.Alllrtn fw,n Jnhn If. tlentrV tO
plain Gentry. Mr. Slmpaon says that
the handsome son of Atthland Wilkes
will start this year as heretof6re under
his old name. Another name would
t.A .nil ih. nn.i re thi. noted
horse, but this would Involve confusion
of the records, ana no cnange is to ue
made. Air. Simpson s empire t-ity sia-
mldable strings of trotters and pacers
in the east this year. Besides John R.
Gentry. Trainer W. J. Anderws Is now
tur,iklnir Knuncr t IftU ' fkt-anirclander.
Quality. 2.11. and the pacers
Spalpeen, 2.17; Adornment, 2.it4:
Katie Greenlander,. 2.17i; Miml, 2.19,
and Sufficient, 2.2H4. together with a
number of green youngsters. Spal
Devn. who uaced 1112.171 as a 2-year-
old In 1895. has shifted to the diagonal
gait, and he promises so well as a trot
ter that Mr. Hlmpson nas enterea mm
In the 13,000 stake for the 2.30 class at
Fleetwood. In Miml. a daughter of
Klectrlclan, that paced to 2.1S last sea-
ion as a 2-year-old. and Rebecca Sim
mons, a Ally that cost her owner $173
at a public aale about a year ago, Mr.
Simpson says he has two yery promis
ing candidates for the $20,000 Kentucky
Ftiturlty. to be trotted and paced next
October.
PURCHASE OF LOTTIE THOM.
The New York breeder has Just pur
chased from John E. Madden the noted
brood mare Lottie Thorn. 2.23. the
dam of H. R. C. Watson's Oscar Will
iam. l.UM. and the rranddam of Rebec
ca Simmons. 1-1 ke the dam of Bouncer,
she Is a daughter of Mamhrlno Patchen,
and Mr. Simpson will breed her to Hum
mer with the hope of getting another
year-old mat is good enough to win
the Transylvania.
Andrews will probably open the cam
paign with the Empire City stable ut
Mystic park. Boston, about the middle
of June, going west In time for the
opening of the grand circuit at Saginuw
and coining down the line to New York.
After the Fleetwood meeting the horses
will go to itoslon and other New Eng
land meetings, winding up the cam
paign in the west In October, with
starts at Terre Haute, Louisville and
exington. Mr. Simpson will probably
give a high class meeting In September
t t-una, .N. y where his breeding farm
ia located.
( U
ON SILUER
YOU LOOK
FOR THE MARK
STERLING
AND ON
BICYCLES LOOK FOR
THAT
IU DEN
It is Foremost
In New Ideas
And, of Course,
T
MMMIT
a.
WEVflf
-LOZIER
BEST. Fun
Line
of
Sundries
at
LOW
E
ReERiDgfOD
Bicycle.
Its Name
Is Its
Guara
MADE OF
TIE BEST MATERIAL
TUBING REINFORCED
ON THE OUTSIDE
LARGE TUBING, WHICH MAKES A
PRICES, j Stiff Rigid Frame
FOOTE
Yon Will Find All of Thess Thines at
SHEAR CO.,
&
GENERAL SPORTING NOTES.
Jim Daly has received the following
from Corbett: "Try and force Kitsslm
moni to fight me, and oblige your friend."
jonn J. wuinn, manager ror feier u.
her, says that ha will back Peter for 110..
000 for a tight with Fltxslmmons, lf "Flu"
positively reruses to meet corbett.
It Is all that Watson, the designer,
has asked Richard Q. Allan, of the Allan
&teamhip line, on behalf of the Herman
emperer, to represent that celebrity on
board his new Meteor in all the Clydu
races and In the regattaa In English and
Irlvli water.
Al. K. Uweeiiey. the holder of the world's
record for the lilich jump, has determined
to join -the profexidonal rank. He hus ac
cepted the posliion of athletic director at
Hill school, Pottalown, Pa.
The athletic lea mot the University of
California have received a telegrsm from
the Harvard team scitpting a challenge
to meet on May 23. The California team
will meet the athletes of several other
college on their eastern tourney.
. The report that Lamed, Koote and
irobably Chace will all play In the Rng
Ish lawn tennis championships at Wlm
bleton next July, and that Larned will
also play In a number of the .other big
tennis events there this spring has been
confirmed.
While Valkyrie III. Is till moored In the
Erie Basin, Brooklyn, her racing spars
are In Kngland. where they were ssnt last
autumn. As yet there has been no move
made to tit her out for her return trip,
nor has a crew been secured to come over
and sail for home.
That Australian starting machine can he
beaten, as the following, taken from a Cal
ifornia paper of recent date, will show:
"Jockey fllileldj has clearly mastered the
situation, and, while he doe not 'beat the
flag.' he coms pretty near 'ducking the
webblns;.' Three times In a single day he
shot his mount out from under the barrior,
while It wax making its upward flight,
and before some of the pin-head got thslr
mouth cloaed again Shields was Knowing
the way ut a merry clip. He won every
mount Wednesday, snd won all the way,
too. lf some of the other boys do not 14 t
onto th wrinkle Shields will have an
Immense following."
STERLING,
FOWLER,
WORLD,
IY1
ITS A FLYER
and ths velocity of wind, steam and
wings are suggested by his progress.
The bicycle Is the most Important lnno
vatlon In means of travel sine the Intra.
ductlon of the locomotive, snd we are in
tne inrancy or its use, construction and
means of propulsion.
Healthy-minded neonle are those whs
commend and practice Its use.
to sucn we need hardly say. Your Hey.
ele should be the latest and best.
Call ana examine ours before buying.
J.D.WILLIAMS 5 BRO.
312 AND 314 UCMWINM IV.
YOU WILL FIND ME
In my new store, 324
Spruce Street, in Ho
tel Jermyn.
Fishing Tackle and
Sportsmen's Supplies.
Good goods and fair
treatment guaranteed.
OPEtUHG MARCH 21ST
A. W. JURISCH.
YES. ILUIINUR BICYCLES.
rrama, F"orl,
Handle Bar. .
Sat Post,
Each at Alaalaua, la sue piece, witaaat
Matetaay klaa.
We Also Have the Passeas
UNION CRACK A JACK, II
CALL III 110 LET OS TILI TO YOU.
CHASE
i
FARRAR
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ALL REPA1RMG GUIRAHTEED.
ry est
Kjcycle
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Its Name
Its Guarantee.
Price, $100.
C. M. FLORE Y
222 Wysdng Annua.
Y. I. C 1 ItHLBMC
434
Lackawaaaa Avtaua,
A NI-.W BICYCLE or tht repair si a
ncti, set
EL. R. PARKER,
Who has the longest xp.rlenc In thl Mn. ot
any man In the city. Veu will save moncv by
lullowlng this sdvlc. asi SPRtCt l.
Winton BicjcUa are guar
aoteed.
"TLe Winton Is a Winner.'
l bs Huat Ceasatll Cs
LARGEST DEALERS OF
V
BICYCLES
01
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Not one High Grade called the "Best on Earth," but eight
Leading, Well-Known and Popular Machines. Every one guar
anteed against breakage by accident or otherwise.
OUR LEADERS :
ST E A R N S Tha Yellow Fallow.
SYRACUSE-CrimsonRim.
BARNES-WhiteFlyir.
PEERLESS Blue Bird.
FALCON Gold Crank.
FEN TON Blue Crown.
A M E R I C A Truss Frame.
PHOENIX ItStands the Racket.
Also a large complete line of Medium Grades. Our repair
department, under the management of D. J. Slowe, should
command your attention.
II ID IX
1
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W.
Wl
sales agents:
3ITTENBEN
A. KEMMERER.
Display Parlors, 3 1 3 Spruce St.
Riding Academy, Wyoming Avenue, Top Floor.
Arrangements can be made for private instmctions at our
Bicycle Parlors.
119 Washington Avenue:
I;