The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-11

Not until the Supreme Court of the
United States has handed down a final
decision, or he has been advised to do so
by the States attorney Of Maryland. viii
Mayor Garrett of Glen Echo. refund the
money paid in fines for automobile speed
ing on Conduit road. In which Attorney
General Bonaparte holds that the mayor
has no authority to impose OF collect
fines.
The Attorney General made known his
opinion yesterday. given at the request of
Secretary Of War Taft, in reference TO
the much debated right Of the mayor of
Glen Echo 10 fine automobilists who have
been speeding al their pleasure over the
Conduit road in defiance Of the towns
speed limit laws. His opinion as 20 tire
jurisdiction over Conduit road is also
given. The decision holds that all fines
imposed on the automobilists are invalid.
and that persons who have paid in their
money TO the officials are entitled TO the
recovery of the amounts
Garrett Ignores BOnaparte.
The ruling Of the Attorney General of
the United States is not taken seriously
by the boy mayor Of Glen Echo. He
said last night that he would take no
cognizanCe OF the decision until the Su-
preme Court has heard the case, OF he
has been informed by Attorney Peter
that he is in the wrong. and thar in ,he
meantime the town marshal. or as soon
as one is appointed TO succeed Marshal
Collins. resigned, will continue TO enforce
the regulations as has heretofore been
the case.
There is no truth in the rumor that
Marshal Collins received an inkling of
what the decision Of Attorney General
Bonaparte was 10 be and on this ac-
count handed in mis- resignation Sunday
evening. Marshal Collins went TO PhiIa-
delphia yesterday morning. unaware OF
the opinion of the Attorney General in
the much-debated right Of the mayor,
his superior, Of Glen Echo, over the
automobiles that have been using Con-
duit road for years.
AutOists Well Pleased.
The news of the decision Of Mr. Bora
parte came as a pleasant surprise TO the
automobilists of Washington. The mem.
bers Of the Automobile Club were par
ticularly elated, and a meeting viii prob
ably be held within a few days for the
purpose Of deciding just what action
should be taken in the case. and at the
same time 70 show their jollihcation OF
the decision. which was altogether to their
interests.
Since Mayor Garrett began imposing
fines on violators OF the towns speed reg.
ulRtions, 500 has been collected. rhi,
amount together with ali otler fines for
all offenses Of different character ccl-
lected by Mr.. Garrett. are In the count,
bank, where they were placed from time
u time. as the money was paid IN.
The appeal of John A Lutz, arrested
and fined last week. and whose case was
appealed TO the Circuit Court at Rock
vile to test the validity Of the fine. is to
be heard during the fail 4 test case is
10 be made Of this particular hearing. and
It viii probably be carried before Judge
Henderson, of the Court Of Appeals. and
possibly, attorneys for the plaintiff said
last night, the case would be taken to
the Supreme Court of the United States
Mr.. Lutz IS represented by G. L. Baker
and Charles A Douglas Lutz was fined
$50 at the time, and. although he had wit
nesses. he offered no evidence at the pre-
liminary hearing before Mayor Garrett
Counsel for Mr.. Lutz are making an ef.
fort 10 interest the automobile enthusiasts
of Washington in their test case. and
10 get them 10 stand together until 2
final decision is eventually given. A
meeting OF the automobile owners viii
probably be held to-day or tomorrow
Civil suits are also 10 be instituted
against the mayor, as well as Marshal
Collins.
Mayor Garrett Confident.
Mayor Garrett said last evening that n,
considered the opinion Of the Attorne,
General practically the same as the brieI
filed with Judge Morris. at Baltimore
some time ago, when a case was taker
before him for q decision as 70 the
mayors authority. Mayor Garrett de.
INJURED al that time. and the case wa.
eventually thrown out Of court.
Mr.. Garrett. however. Is confident that
he viii be upheld by the court officials OF
Continued on Page ., Column /.
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