The Washington herald., 1907-08-23
COLLINS STILL FREE
Officials Unable to Proceed
in Conduit Road Case.
DOUBT AS TO HOW TO APPEAL
Question of Court Jurisdiction sub
ject OF Conversation Ia Attorney
Generals Omce-soper, Peter, and
Mai. Cosby Participate I'm Con-
ference-Methods TO BE Figured.

Assistant United States District Attor-
/ ney Soper; States Attorney Peter. for
/ Montgomery County. and Mai Cosby, Of
/ the War Department. spent yesterday
in deliberating with the Department OF
/ Justice on the vexed question OF policing
the Conduit road, but at the close Of the
| conference MessTs. Soper and Peter
stated frankly that nothing had been ac-
complished, ana that further conferences
would be necessary.
Mr Soper arrived here from Baltimore
early yesterday morning and met Mr.
Peter, with whom he first discussed the
situation. Then together they called on
Assistant Attorney General Cooley, with
whom they went over the law and the
facts very thoroughly
They were joined later BY Maj. Cosby.
and the three men spent almost the en-
tire afternoon with Attorney General
Bonaparte
The difficulty seems to lie in discover
ing the best method OF procedure 10
bring the question of jurisdiction before
the Supreme Court Of the United States.
Mr.. Peter pointed out that two cases of
arrests of automobilists made by order OF
Mayor Garrett. Of Glen Echo, had been
appealed 60 the Circuit Court Of Mont
gomery County. consisting Of Chief JUS
tice McSherry and Justices Henderson
and Motter. But the difficulty that arose
in this instance was the doubt of an ap-
peal lying from the Circuit Court of
Montgomery 20 the Court of Appeals of
Maryland
Doubt as tO Appeal.
Were this doubt removed. the case
could without difficulty be carried up
from the Court of Appeals to the su-
preme Court OF the United States But
even If one of these cases were brought
10 Washington. the government would
still be az some disadvantage. for IL is
not clear how the Department of Justice
could. under existing circumstances. be-
come a party in the case
II is the wish Of Secretary Taft and the
purpose Of Attorney General Bonaparte
to originate a case in which an officer of
the government shall be a party.
Almost all the time Of the conference I
was devoted 10 suggestions for arranging
by which case can De
brought in which the government shall
be involved
Mr.. Bonaparte finally directed Mr.. Soper /
to "cogitate, as he called it. on the sub I
ject. and with that injunction the con /
ference ended.
Mr.. Soper viii think deeply. and a. 4
frequent intervals he viii confer with Mr. 7
Peter Then in the fullness Of TIM. the +
two men hope 10 arrange a case.
VIII BE Back Soon.
Mr.. Bonaparte viii be back in Wash .
ington by the middle Of September. and /
by that time Messrs. Sopcr and Peter .
viii have accomplished something. As a .
further aid TO thought. Mr.. Gauss the
private secretary OF Mr.. Bonaparte. pre-
sented each Of the visitors with "A hand
some copy of the Attorney Generals Ia
nous opinion on the Glen Echo case.
Maj. Cosby will take no steps toward
policing the Conduit road until the Su-
Dreme Court has decided the question OF
jurisdiction. lie now has some watch
men, who guard the governments prop
srty on the disputed territory, and there
have always been two deputy marshals
on duty along the road.
These men have been instructed 10 per-
nit no violations Of any law pending the
settlement OF the question in the courts
)ut they Will take no part in any dis
1utes arising out Of alleged violations Of
he speed limit laws by automobiists