Rensselaer Semi-Weekly Republican, Volume 19, Number 19, Rensselaer, Jasper County, 9 November 1897 — Hi! There, Bicyclers. [ARTICLE]

Hi! There, Bicyclers.

Did You Know That RidingOn Sidewalks Is a Penal Offense ? I r ; . The attorney general Thursday, rendered an opinion that is of extreme interest to everybody ins Indiana that rides a wheel. Im brief it declares that it is unlawful to ride a bicycle on the sidewalk under any circumstances, no matter whether city ordinances; permit it or not. The opinion was called forth by a letter frorm E. B. Hartwell, of Huntingburg tc* Governor Mount, asking whetherthe City Council had any right tc* puss an ordinance giving bicycle riders the right to use the sidewalks in muddy weather. The attorney general says; “In 1859 a law was passed prohibiting riding or driving over sidewalks, which was amended in 18G7, and not. having been repealed is still the law. It is in the following language, Sections 4398 and 4399, R. S„ 1894:

“ ’Sec 4398. It shall be unlawful for any peison to ride or drive upon the brick, stone, plank or gravel sidewalk of any town or villege, or upon any similar sideby for the use of foot passengers by the side of any publichighway in this State, unless in the necessary act of crossing the same.’ “ ‘Sec. 4399. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $3. “In the case of Mercer vs. Corbin, 117 Ind., 450, the Supreme Court decided that this section applied to and prohibited bicycle riders upon sidewalks. In the later case of Indianapolis vs. Higgins, 141 Ind., 1, the Supreme Court decided that the word ‘town’, as used in the statute, includes cities, and t hat there being a law of the State on this . subject, City Councils had absolutely no jurisdiction over it - It will be obvious to you that the City Council cannot make lawful that which the laws of the state forbid, and any ordinance passed by a Citv Council to premit a violation of a law of the State would, of course, be utterly void."