Evening star., 1907-08-19
CONTROL OF CONDUIT ROAD
COUNTY ATTORNEY SAYS STATE
HAS JURISDICTION.
Action Deferred Pending Return to
This City Of Maj. Cosby.
As to Test Case.

Maryland will be awarded jurisdiction
over the Conduit road by the Supreme
Court, am certain" Prosecuting Attorney
Peter OF Montgomery county said to a Star
reporter today.
Glen Echo awaits the decision impatient
ly. but until 1t is made Mayor Garrett and
the officials of Montgomery county will
continue to exercise the authority which
their Interpretation of the law grants them
and arrest and fine as many speed-limit
smashers as they can get their hands on
Nothing doing" was the report all along
the line today. Maj. Spencer E. Cosby,
the engineer officer In charge Of the Dis
trict aqueduct, who Is intructed by Secre-
tary Taft with the task Of preparing papers
in the case and transmitting them to the
Department Of Justice, went to Norfolk last
night and will not return until tomorrow
morning. He deferred action until his re-
turn to this city.
Maj. Cosby Is to confer as soon as pos
sfble with the Attorney General as to
the best method of bringing the test case,
and 1t is considered probable that one OF
those already appealed against Mayor Gar
rett will be used for the purpose.
At Department Of Justice.
AT the. Department Of Justice nothing
whatever was known of the Taft-Peter
conference except that 1t had been held.
but no communication regarding 1t had
been forwarded to the Attorney General.
1t was felt at the Department that Sec
retary Taft had chosen the wisest course
IN taxing the question to the Supreme
Court and In not making q decision him.
self
IF the Secretary had sent out federal
guards for the Conduit road" one Of the
would have been trouble right away But
ny asking for the courts opinion an au-
thoritattve ruling will be obtained at once,
both parties will have to abide by it, and
the matter will be settled for all time.
Ihere iS no discussion Of the question in
the department, for there is nothing to do
ts put TO to wait and hear what the court has
am confident that the Supreme Court
Will find that Maryland never surrendered
Jurisdiction over the Conduit road Prose-
cutting Attorney Peter said.
States Attorney Is Confident
i have made a. deep study Of the law in
the case." the speaker added. land do not
see where we can lose. My conference
with Secretary Taft was most satisfactory
and could not have been more fair.
I found the Secretary rair-minded and
willing to do the right thing. He has
agreed that the present status shall con-
tinue undisturbed until the court reaches
decision. SO there is nothing to do but
walt There will be no attempt to estab-
iish federal control Of the Conduit road
before the decision is reached. AS to the
matter of my deserting' Mayor Garrett
and reconsidering my former opinions, on
which he has been acting, do not care
TO go into 1t at present but l will say
that think some of the papers have not
treated me fairly on the subject. I am as
nrm!y convinced that Maryland has juris-
diction over the road as 1 ever was,'
Mr Peter will confer with United States
attorney Rose OF Baltimore regarding
the proposed test case.
Mayor Garrett's idea Of a test is to have
Marshal Collins arrested for violating the
INV In making arrests. The mayor thinks
that such action would supply all the ele-
'mepts needed to settle the point in dis
pute. So far as known Marshal Collins
has not expressed his willingness to be
made the corpus vile" for legal expert
menes. iansuishfng in a cell not being
among his ambitions. .,--.i - =
IPe mayor was not in the least worried
today, and set out on q bill-coilectine
tour in the country