Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1907-08-23
TEST IN STATE COURTS.

The question Of the right OF the Fedora
Government to assume exclusive jurisdic
ton over the Conduit Road will be laid be
fore Maryland State court for judicia
determination.
test case will be instituted, If Mayor
Garrett and Marshal Collins, of Glen Echo
insist upon making arrests OF automobilistI
speeding along the road and If necessary the
matter will be carried to the Supreme Courl
of the United States.
This decision was reached by Secretary
Taft, following a conference in the after
noon on Saturday last in his Office, ct the
War Department, with Major Spencer Cos
by, United States Army; the engineer In
charge Of the Washington Aqueduct, and
States Attorney Robert B. Peter, of this
town. Mayor Garrett, Of Glen Echo, has
been constantly consulting Mr.. Peter con-
corning the divided Jurisdiction resulting
from the automobile crusade of Glen Echo
The decision to allow the question, which
has threatened at times to develop interna-
tlonal incidents, on account of the arrests
Of foreign diplomats-to go to the State
courts primarily for settlement and ulti.
mately to the higher Federal Courts, was
the result of the visit of States Attorney
Peter to the War Department to present the
Glen Echo side OF the case.
In reaching Saturdays decision Secretary
Taft very cleverly avoided conflict between
State and Federal authority, which has been
delicate subject politically since the clashes
which have occurred in the Southern States
In connection with the enforcement Of the
9.cent railroad fare laws.
Secretary Taft was fully aware OF the
dynamite" contained in the subject under
consideration and was careful to take such
action as could not be construed as tending
to develop any conflict between State and
Federal authority over the Conduit Road.
He made it clear, however, that he still holds
the oplonion that the Conduit Road is under
the exclusive control and Jurisdiction Of the
War Department and that the State OF Ma.
ryland has absolutely no Jurisdiction over
the road.
al am of the opinion that the United
States has entire Jurisdiction over the road,
to the exclusion Of the State authorities" said
Mr.. TAFT. II believe that the War Depart
ment has such complete control over the
road as Government reservation that 1t
may close the road any time 1t desires to do
80 In the interest OF the Government; that
we may patrol the road with United States
troops or patrol 1t with United States depu
ty marshals. l believe that the United
States has a good case In this contention,
and since anyone having good case should
not be afraid of the reference OF that case to
a court for judicial determination, l have
ag reed to allow this matter TO be referred TO
the courts In the form of q test case. be-
lieve that the courts will sustain the posi-
ton OF the administration, and hold that We
have the right TO exercise complete iurlsdic.
ton over the road"
Secretary Taft had almost made up his
mind to have the road patrolled by deputy
marshals, who In making arrests take alleg-
ed offenders before United States commits
sioners for trial. He decided not to do this
upon learning that States Attorney Peter
contends that the United States and the
State OF Maryland possess "concurrently
with each other" joint jurisdiction over the
highway.
Mr.. Taft did not agree with the conten
ton of Mr.. Peter that the State OF Maryland
has partial Jurisdiction over the road to b
exercised In concurrence with the Fedora
Government. Inasmuch as there was found
to be difference of opinion between Mr.
TAFT as the representative OF the Federal AID
ministration and Mr.. Peter as the represen
tative of the Maryland county through
which the road passes, in their interpreta
ton OF jurisdiction, Mr.. Taft said he wal
entirely willing to have the matter deter
mined by the courts. He did not insist up
on its determination in Federal court, ID
has been done by certain Southern railways
Mr.. Taft said he was perfectly willing tC
have State court OF Maryland pass upor
thO 4uCbblOu thC htbt thbbuuOO. w I'LL
this object In view he instructed Major Cos
by to confer with officials Of the Depart
ment OF Justice and with United States Dis
trict Attorney Rose, as well as with States
Attorney Peter, to determine the best meth
cd Of instituting the test suit. In all pro
liability this case will be developed through
the arrest of some automobiist on the Con
duit Road in such u way as TO develop Q
question that may be taken before State
court.
Secretary Taft said that he regarded thu
contentious oil Mayor Garrett respecting bill
right to exercise Jurisdiction over the road
as "nothlng more than the lucubrations OF
little swelled official lmbued with sentimen
talism."
not desire to make national issue OF th,
Conduit Road. He believes with Attorney
General Bonaparte that the United Statel
possesses sole Jurisdiction over the road and
10 willing to act in accordance with thai
opinion. He was ready TO instruct Major
Cosby to employ deputy marshals, but de.
layed this on account of the contention o.
Mr.. Peter that the State possesses concur
rent Jurisdiction over the road. 1t was tc
meet this argument that Mr.. Taft expressed
his willingness to allow the case to go tc
court.
When the test case is brought an arrange.
ment will probably be made by which Dis
trict Attorney Rose, Of Baltimore, may par.
ticipate in the trial Of the case in the Mary
land courts as an interviewer In behalf Of the
United States Government. If the State
court decides that Maryland has concurrent
Jurisdiction over the road, then the Federal
Government will take an appeal TO the
United States Circuit Court. II that court
sustains the State court the matter will bt
taken to the United States Supreme Couri
for final determination. Secretary TAFT does
not believe that this will be necessary. HI
declares as his confident belief that the mat