199 Mass. 490 | Mass. | 1908
The defendant was arrested on a warrant issued by the Municipal Court of the Brighton District of the city of Boston upon a complaint charging that he rode and drove “ an automobile on Commonwealth Avenue in said Boston . . . other than between Arlington and Beacon Streets, the said avenue being then and there a public reservation in charge of the park commissioners of the city of Boston, and did then and there ride and drive said automobile at a rate of speed exceeding twelve miles an hour contrary to the rules and regulations of said commissioners, and the form of the statute in such case made and provided.” At the trial in the municipal court the defendant was found guilty and sentenced to pay a fine of $15. He appealed to the Superior Court, and in that court he duly filed a motion
If the park commissioners had authority to make rules and regulations affecting the speed of automobiles, it is not contended that they had not jurisdiction of that portion of Commonwealth Avenue where the offense charged is alleged to have been committed; but the defendant contends that the effect of St. 1906, c. 412, § 1, was to divest the commissioners of the authority which this court held in Commonwealth v. Crowninshield, 187 Mass. 221, was given to them by St. 1875, c. 185, § 3, and which the court also held, in substance and effect, was not changed or modified by St. 1902, c. 315, or St. 1903, c. 473. The argument is that the language of St. 1906, c. 412, § 1, “ Every person operating an automobile or motor cycle on any public or private way laid out under authority of law,” is broad enough to include streets in parks and streets connected with parks ; that there is no saving clause in St. 1906, c. 412, in relation to park commissioners as there was in St. 1903, c. 473, and is in St. 1905, c. 366; that St. 1903, c. 473, § 14, which contained a saving clause as to park commissioners was repealed by St. 1905, c. 366, § 2; that St. 1905, c. 366, is an independent statute having no relation to the rates of speed at which automobiles may be driven; and that, there being now no saving clause as to the park commissioners in any of the statutes relating to the speed of automobiles, it follows that they had no right to make any regulations concerning the speed of auto
The other grounds on which the motion to quash was based, namely, those relating to the sufficiency of the complaint, have not been argued and we, therefore, treat them as, in effect, waived.
Judgment affirmed.