The Washington herald., 1907-07-26
WILL NOT Rush AUTO CASE
Maryland Officials Refuse Request
of Washingtonians.
Lawyers Appeal to District Attorney
Peter, but lie Declines 10 Hurry
the Lutz Hearing.

Persons interested in getting an early
decision upon the legality of the arrests
made by Marshal Collins ana the fines
imposed by Mayor Garrett Of Glen Echo,
upon autom0bilists convicted of violating
the speed limit over the roads leading into
that Maryland town. are doomed to disap-
pointment
A conference yesterday between at
torneys representing the Washington auto
mobilists, Mayor Garrett, and the States
attorney OF Montgomery County resulted
in decision not 10 call the case, on which
a test is to be made, to trial untn it
comes regularly on the calendar next
November.
At this conference A. z. l. Leckie, G.
L. Baker. and Mr.. Blackstone appeared
for the automObillsts. Mayor Garrett was
present, and the meeting was held in the
Office of Robert b. Peter, States at
torney. in Rockville, Md.
The case upon which the test of the
legality Of the arrests and fines will be
fought out is that Of John A. Lutz. wr0
was arrested by Marshal Collins, tried be-
fore Mayor Garrett and fined by him. In
the warrant for the arrest it was charged
that Mr.. Lutz had driven his car at the
rate Of fifty miles an hour on one Of the
Maryland roads.
In their appeal to the States attorney
the Washington attorneys, 1t is said
urged that the case be taken I'D before
the regular sitting Of the Circuit Court D.
Montgomery County. TO which IL was ap-
pealed By Mr. Lutz from lie action by
Mayor Garrett The attorneys urged that
I INN ff4rF F- h. l.
/ that they desired only that the court
should pass upon the question of jurlsdic-
ton OF the Glen Echo authorities. II was
stated that the attorneys representing the
appellee would grant the main questions
Of fact and would not ask the court TO
enter into that. They wished 10 present
70 the court argument and cite references
10 show that the Glen Echo officials cid
not have jurisdiction N the premises.
and they wished a ruling upon these legal
questions.
Il was urged that unless the matter
could be brought soon before the Circuit
Court Of Montgomery County. il would
be impossible 10 carry the case 10 the
Maryland Court Of Appeals. in case the
decree was against them, before the Feb
ruary term Of that tribunal Meantime.
automobilists Of Washington and Mary
land would be subject TO the rigid inter
probation Of the law enforced by Mayor
Garrett al Glen Echo and along the Con
duit road
After hearing and considering the De
tition Of the attorneys States Attorney
Peter decided that he could not call the
case out Of its regular order. The re-
sui OF the determination was stated last
night to be that the Lutz case would not
reach the Montgomery County court until
November. and could not be carried to the
/ higher Maryland tribunal until about
February of next year.
( Mayor Garrett stated last night that he
/ had been informed that through an or
/ der Of the office Of engineers in charge
/ OF the Conduit road the automobile signs.
ana warnings that had been posted along
/ that thOroughfare as a guide TO auto
mObilists had been removed. Mayor Car
( rett stated that some surprise and indig-
/ nation had been expressed 10 him at the
action OF the War Department in this
! connection.