The Washington herald., 1907-08-26

can build a macadam cover over it and
/ then tear it up, and SOW the land in
grass, or lease it 10 cut down expenses
/ l. e., II necessary for the purpose of the
water supply. None Of these things could
! Maryland do. But while the United
] States may do all these things Of her ad-
ministrative capacity, she could not stop
/ the arrest, by a State officer of a person
who. having violated the law of Mary
land, fleeing and being pursued. stops in
the middle of the government Conduit
/ land, believing himself safe on foreign
/ soil. Maryland ceded no such absolute
authority or exclusive jurisdiction over
such land. It IS not foreign soil to her.
/ for said act is the exercise Of police
| power, outgrowing legislation which
| Maryland reserved wholly 10 herself. The
/ reason is clear and for the sole purpose
70 escape the conflict Of sovereign powers
/ certain TO arise if the Iawmaking juris-
/ diction over the same thing existed in
TWO sovereign bodies
Maryland law limits the speed Of GER
tain vehicles TO twelve miles an hour,
and 20 show a sign Of license. II the
/ Congress Of the United States should In
crease the speed limit TO eighteen miles
and eliminate necessity 10 show a sign
Of license. a conflict of powers would
arise in police jurisdiction. Again, such
| Congress legislation, for the purposes Of
the water supply, would not be "neces-
sary," and what is necessary marks
the limit Of the concurrent jurisdiction
ceded- The macadam cover is necessary
as means Of communication from source
10 end and has its right in the "other
works ceded privilege
United States legislation over a thing
invested by the State would cause con-
/ flict Of powers. a thing the State Of Mary
land never contemplated. nor intended to
ccde. nor did Cede-CouId not cede and re-
tain life IN and an inherent sovereignty
over the matter
The said act did not cede the privilege
10 acquire the land for highway. Hence.
the Conduit road land is not govern
ment highway in law, or a State highway,
unless by implication from long use with
out interruption. But. as it is a road
Il public road. in fact-upon which the
laws Of Maryland are violated within the
jurisdiction of Maryland. the police juris-
diction Of Maryland prevails. and is ex-
elusive, except for the ceded concurrent
jurisdiction Of the United States for the
sole purpose Of maintaining a Certain
water supply. Maryland ceded the United
concerning and involving the water sup
ply except the privilege To acquire certain
land with due process of law. Maryland
relinqushed none of her inherent soy
ereign authority over such acquired land
The United States may close the mac
adam Conduit road % the public use. un-
less 1t has become, by implication. a State
public road, except wherein it involves
the public interseCtinE roads-State.
county. or LImicipal. Maryland reserved
her right f0~ interseCting public roads.
Just as II the ownership had remained in
individuals. Had she not done so. part
or her territory would have been entirely
cut on and separated from her without
the power and the conveniences Of the in
tercommuplCatiOn of contiguous territory
a thing against public policy. She would
nave suffered the humiliation of physical
separation from all her territory living
between the Potomac River and the Con-
quit road, and TO protect her people OF
which from foreign invasion, or 10 atr~ll
riot within, she would have TO appeal TO
Ioreign power for the privilege OF pas
sage with arms
And over such public roads MARYLAND
has exclusive Jurisdiction. and over an
The Conduit road il has exclusive iuris-
diction. subject to consent concurrent
jurisdiction in the United States for d
certain water-suppiy purpose. and srfch
jurisdiction IS that upon which Mavor
Garrett rests. and Of right and Of the law
,,,, c-.,. 4. j. GREEN.