Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-11

Attorney General Bonaparte decides that
the Maryland authorities. nave no jurisdic-
ton over the Conduit road, but that the
exclusive Jurisdiction over that territory,
lying either in the District of Columbia or
I'm Maryland. is vested in the United States
government. Wholly apart from such COM
parltively minor questions as the regula-
ton Of traffic on the highway, upon which
issue the decision was rendered, the effect
OF this ruling is of the utmost importance
to the people of this Dmmunity. The At
toTney General says:
Il think the Conduit road constitutes ter
ritory within the exclusive jurisdiction Of
the Congress. and that the Legislature, of
the state of Maryland has no Jurisdiction
over any part of it. l see material dis
tinctlon between this question and that in
vOlvtd In Commonwealth agt Clary Is
Mass. ~. in which it was held that
proviso to the effect that civil and GRIM
inal 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 ofrense committed
within the territory in question
1t will be noted that the Attorney Gen
era does not go 50 far as to declare that
the Maryland authorities are entitled even
to serve civil and criminal processes within
the territory of the Conduit road. He re-
feTs TO case in which a proyiSo or that
character was In evidence. But whether
the right TO serve Maryland warrants with
In the boundaries OF the road exists not,
there is right of Jurisdiction the part
of the Maryland courts over offenses com
mitted therein.
The practical effect of such discrimna-
ton would seem to be to leave the Conduit
road without police protection. save SO far
hn SYyiI rNnI{ Mo
United States does not patrol the road along
the eleven miles OF its course through
Maryland. The Attorney General. indeed.
specifically states that the officer In charge
OF the aqueduct system. while empowered.
though not BY Congress. to prescribe res
lations governing the use of the highway,
has no power 10 punish or fine those who
violate such regulations. He may. how
ever. exclude them from the use of the
road II they are disorderly and he may
employ such military force may ap-
propriately be placed under his command
as will insure obedience to his orders
This says nothing of high crimes and mis-
demeanors committed on the road in Mary
land. While doubtless punishable under the
federal laws. presumably under the juris-
diction of the federal courts in this Dis
trict-though this point is not clear-the
anomaly presented by the present decision
Is that there is no practicable force to Sc
cure arrests when such offenses and crimes
are committed. 10 o.
Thus. If the Attorney Generals dictum is
to stand. IL becomes the imperative duty of
the United States by administrative man
date or by statutory enactment to define
its own rights and responsibilities and to
deimit those of the state of Maryland, 1t
may be by exclusion, and TO make proper
provision for the policing OF the eleven miles
of highway. 1t will be unsafe for the gov
erRment thus to claim exclusive jurisdc-
tion II II does not adopt means to enforce
that Jurisdiction and to preserve life and
property on the highway. 1t must either
organize a federal force TO patrol the road
or pass laws which extend the range of the
District police force. enlarged to meet such
a necessity. Failing these, it should agree
TO allow the state OF Maryland. through its
state or county municipal authorities,
10 safeguard life and property upon this
stretch OF road. which extends for eleven
miles within the area of the commonwealth.
The present situation created by the de-
cision. is altogether dangerous