Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-10

purpose; and. as this territory was to be OF
very limited area. they must be further
presumed to have anticipated that works
indispensable to the welfare of it's inIa bit
ants. and necessarily under the control of
its government (which was to be likewise
the government of the Union) would have
to be erected within the territory of the
nelghbOr:ng states
An abundant supply Of pure water being
necessity of life, l think it is clear that
the reservoirs and aqueducts and other con-
structions appurtenant to such water sup
Dly are to be considered 'needful build
ings' within the terms of article l. section
of the Constitution; and. since a roadway
is an appropriate and aCesSary appurte-
nance to such works, being reQuiI ed to af-
ford access to them on the part of those
intrusted with their management, superin-
tendence and repair. l think the Con-
duit road constitutes territory within
the exclusive Jurisdiction of the Con-
gress. and that the Legislature of the
state of Maryland has no jurisdiction over
any part of it. l see no material dstinc-
ton between this question and that in
Volved in Commonwealth agt. Clary Is
Mass. ~. in which it was held that
proviso to the effect that civil and GRIM
NAL processes might be served by the Off
GERS of the commonwealth of Massachusetts
within the territory of the arsenal at
Springfield did not give the state courts
Jurisdiction to punish an offense committed
within the territory in question.
Conduit Road as a Highway.
There remains to be considered the
question whether the roadway over, or in
proximity to. the aGueduct, known the
Conduit road. constitutes public high
way. and this question / answer in the
negative. 1t is true that the Congress, in
providing for the discrimination of pOr-
ton OF this road appears to have recogniZ-
ed that ii was, in fact. very generally used
as a roadway by the Inhabitants of the
CT irt Of lon h,,t 7 do
not think THU incidental reference to the
use OF its property, allowed by the govern
ment, as matter of grace only, to the
residents of the vicinage. can be reasonably
construed as dedication of the road to
the public use. A highway could not be
needfuf for the purpose of providing a
water supply to the seat of government.
AS means of access to the waterworks
road might come within that designation,
but it was certainly unnecessary that the
means of access thus afforded should be
open TO the public generally. Nor can any
such right be claimed on the ground of
prescription.
Il think the legal residents of this road
way are similar to those of a so-called
street IN navy yard or arsenal. 1t was
constructed for the benefit of the govern
ment and not of the public generally, and
the fact that it's use by many OF the public
may have been tolerated for a long time
does not prevent the government from re-
stricting or even forbidding such use should
this course seem advisable.
While the use is permitted, however, it
would seem that it ought to be permitted
under reasonable regulations and see no
reason to doubt that the officer under whose
superintendent and control the road has
been placed by the President in pursu-
ance of the act of Congress of 1859. may
prescribe such regulations in the absence
OF any federal statute regulating the SUBJ
Ject-matter. He has, indeed, no power to
hne or impriSon or otherwise punish per-
sons who may violate these regulations.
but he can exclude them from the use of
the road If they are disorderly or refuse to
recognize his authority. and such military
force may be appropriately placed under
his command as will insure obedience to
his orders
Mayor Garrett. when in formed of the opin-
ion of the Attorney General. consulted
states Attorney Peter and was advised
by that official to refrain from making any
statement until the full text of the opinion
was received and read
Il have nothing to say said the mayor
to Star reporter, until we have read
the decision. However. until we are sat-
isfied we are in the wrong the ordinances
of Glen Echo will continue to be enforced
as in the past.
They may be able to show US we are
wrong. but don't believe it,