Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-20
EXCLUSION OF LIQUOR
GEN. DAVIS OPINION IN FORT
WASHINGTON CASE.
Question Of Obstructing Travel by
United States Discussed by the
Judge Advocate General.

The question regarding the right OF par
| ties to land Intoxicating liquors at the
wharf at Fort Washington, Md, and to
convey 1t across the military reservation.
referred to in The Star of Wednesday, was
| raised by Lieut. Col. B. X. Roberts, COM
manding the post of Fort Washington. The
position taken by the War Department in
this matter is indicated in an opinion rem
dered by General Davis, judge advocate
general of the army. That opinion was APP
proved by the Secretary of War, and
copy was forwarded to Colonel Roberts for
his information and guidance.
The opinion of General Davis is as fol-
lows:
1.-The question raised in the accompany
ing papers is whether the commanding Off
Ger. Fort Washington, Md. can legally pre-
vent parties residing beyond that reserva-
ton from landing intoxicating liquors at
the wharf to be carried through the reser
walton to the country beyond, where
'shacks' are located in which the liquors
are sold to enlisted men without reserve.
1t is understood that the liquors are taken
through the reservation along the public
highway designated the Public Ridge
road in the deed, dated August 81, 1915,
from Thomas Atwood Digges ct al. convey
ing nine acres, twenty-three perches. of
land, and in which deed 1t was provided as
follows:
go That the United States shall not
obstruct, or in any way trespass upon, the
new high and public ridge road, leading
through the pasture gates to and nearly
along the lines now sold, down to the wharf
and fishing landings, and TO continue and
keep perfect the under drains of water
from the fort and its ditch discharges down
to the river shores; and in no way to OBJ
struct or injure the fishery and fishing
shores adjoining the fort lot well as to
keep in repair Gas was agreed on. when
the first lot was sold, between Henry Dear
born, Secretary of War. and the said
Thomas Atwood Digges) the present plat
form wharf for the joint uses and benefits
of the parties to this present indenture.'
Effect of the Deed
This is the only deed to lands comprised
in this reservation in which there is a COW
enant on the part of the United States not
to obstruct the public ridge road but il is
understood that when the additions TO the
reservation were made there d public
highway thereon in continuation of the said
public ridge road and that this highway
has never legally been closed. 1t is also
understood that the highway leads from
the country beyond tie reservation to the
river, where there is wharf which has
been maintained by the United States and
belongs to the United States.
IT will appear from the foregoing that
the United States is not bound to maintain
the wharf for the public generally. but as
expressed in the deed, for the joint uses
and benefits of the parties to this present
indenture. This obligation would il is be-
lieVed, run Win the land, so that the privies
In title of the grantors could claim the
rights under the covenant
TT is believed that the military authori-
ties could prevent other persons from using
the wharf altogether, or allow its use nv
them upon such terms as may be deemed
to best serve the maintenance of good or
der and discipline.
LAS it does not appear that the parties in
question have any rights in the wharf -. IS
suggested that the commanding officer IRE
vent the landing of any liquor thereon