Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-10
THE CONDUIT ROAD,
GLEN ECHO OFFICIALS
SCORED IN DECISION
Opinion of the Attorney General
to Secretary of War.
AUTOMOBILE CONTINGENT
Will Be Greatly Pleased by the Official
Decision.
SOME OF THE MAIN POINTS
Laws of Maryland Confer No Author
ity on Glen Echo's Mayor to
Impose or Collect Fines.
Will Be Greatly Pleased by the Official
Decision.
SOME OF THE MAIN POINTS

Attorney General Bonaparte de-
llvered an opinion to the Secretary
OF War today in regard to the
ownership of the Conduit road, and
says that the mayor and officials of
Glen Echo have no right to impose
or collect fines for violation OF ordi-
nances OF that municipality.
Attorney General Bona?arte today rem
| dered red hot opinion to the Secretary OF
! War in which he delivers not only stag
gerng blow to Glen F. no as a munic patty
| and its mayor and town marshal as Off
| GERS. but declares that the Conduit road Is
| not public highway Tut belongs to the
| government and is subject to sucn rules
and regulations as the officers of the gov
eminent wish to make
The decision will create a sen.at on in
some parts of the District and VIII re re-
ceived with shouts of acclaim 10y the auto
mobile contingent.
Tie Attorney General goes even further
| ard declares his belief that every fine that
has been imposed 10y the mayor of Glen
| Echo can be collected through the courts.
Summary of Opinion.
| The decision is summarized In the con-
| cluding portions as follows:
| Il advise you, therefore. first. that in
my opinion, the laws of Maryland confer
| upon the mayor of the town of Glen Echo
no authority to impose or collect fines,
either for violations of the ordinances Of
! that town or for otfenses against tie laws
/ of the state of Maryland; second. that the
| Congress has the right Of exclusive jurls-
dction over the entire length of the Con-
dut road. supposing, as / understand to be
the fact that its entire roadbed is owned
Zoo tk,. ITy,itn hnr
acquired in accordance with the consent Of
the legislature of the state of Maryland to
such acquisition contained in the act of 1853;
third. that the saiu Conduit road is not
public highway, but is subject to the con-
troll of the officer designated by the Presi-
dent in accordance with the act of 1859.
and that its by the public may be SUBJ
jected to such regulations as may be ap-
proprate: obedience to which regulations
may be secured by the use of such rea-
sonably sufficient force as you may deem
advisable.
In the papers submitted with your let
ter the question is discussed to
whether if the Conduit road were closed
to the public this would affect the right
of travellers on interSecting roads to cross
it. So far as l perceive, this ques-
ton has not yet arisen practically. and.
| inasmuch as there seems to be no reason
| to expect that it will necessarily arise in
| the near future, l think 1t will be adj
| Nisab!c to reserve its consideration until
| its determination may be needed for some
useful and practical purpose.
incorporating Glen Echo.
| The attorney general reviews the act OF
the Maryland legislature Incorporating Glen
| Echo, the ordinances passed by the town
council and the powers conferred by the
| state of Maryland by its act of ncorpora-
| ton. He says:
"Of course. the authority Of tine town
| council of Glen Echo to regulate the speed
of vehicles the Conduit road depends
upon whether this road. in so far as con-
| tanned within the limits of the town OF Glen
Echo Is a street, public highway or
road within the said town: but surprising.
for the sake of argument only, that II Is
such street, public highway or road We
| have yet to inquire whether the mayor has
any power TO impose and collect fines for
the violation of the aforementioned ordi-
nance or any ordinance of the town council.
Section S of the cnarter OF Glen Echo 10
as follows:
And be it enacted. That the mayor
shall have all the powers OF justice or
the peace in criminal cases where the town
of Glen Echo is a party, and shall receive
fees allowed justices Of the peace in sim
liar cases, and an appeal from his judg-
ment when the demand or fine exceeds 30
may be taken to the circuit court for the
county, which shall hear and determine the
matter as upon appeal from justices OF the
peace
No Right to Impose Fines.
''It will be perceived that this provision OF
the statute processes to give to the mayor
only such jurisdiction as a justice of the
peace would have in criminal cases to
which the town of Glen Echo is a party
There are many authorities on the question
whether, in the absence of any statute on
the subject, proceedings to punish the viola
ton of a municipal ordinance should be
undertaken in the name of the municipality
or of the state; and, speaking broadly, Ii
may be said that this has been generally
held to depend upon whether such proceed
ings are regarded as civil or criminal IN
ing. on the whole. that they are civil. and
should therefore. be prosecuted In the name
of the municipality.
1T would seem to follow that the mayor
of Glen Echo has no Jurisdiction to impose
fines for the violation of the ordinances or
tie town council, since to such a proceed
ing the town of Glen Echo is not a party.
Of course. If the proceedings were under
taken under chapter 4i9 OF the laws or
1906 or any other general law of the state,
it is quite clear that section of the char
ter above quoted would give him no jurs-
diction whatever in the premises.
There can be no doubt that the iegisla-
ture of Maryland intended TO confer upon
the mayor of Glen Echo portion OF the
judicial power of the state
But can the legislature of Maryland
thus confer a part OF the judicial power of
the state upon an officer who not only Is
not justice of the peace, as defined by the
constitution. but is not chosen In the man.
ner prescribed by the constitution for the
choice of justices OF the peace?
Mayor and Council of Hagerstown.
ION this question the decision in mayor
and city council of Hagerstown against
Dechert GO Nd, 1861 seems to be conclu-
sive. Similar powers had been conferred
on the mayor of Hagerstown by a charter
antedating the constitution Of 1851 (Which