The Washington herald., 1907-08-26
Conduit Road Again.

Editor The Washington Herald.
In the archives Of Maryland Is an act
OF the legislature, with caption as fol-
lows:
An act giving the assent of the State
of Maryland TO such plans as may be
adopted by the President OF the United
States. for supplying the city OF Wash
ington with water" of which act section
first reads:
Section l. BE it enacted by the Cen
eTaI Assembly OF Maryland. that if the
plan, adopted by the President Of the
United States for supplying the city of
Washington with water. be drawn from
any source within the limits of this
State, consent is hereby given 20 the
United States 10 purchase said land. and
to construct such dams. reservoirs. build
iugs, and other works, and to exercise,
cOncurrently with the State Of Mary
land. such jurisdiction over the same as
may be necessary for the said purposes.
The context, on its face. showed a con-
sent act, i. e.. Maryland consented to the
proposal of the United States. which, in
then recognizing Maryland's sovereignty,
is now estopped from denying it.
By this act Of its General Assembly.
approved May g. 1853. Maryland gave con-
sent to the United States.
The question between the United States
and the State of Maryland is as TO the
Jurisdiction over the government acquired
land of the Conduit road. by virtue Of said
act. Wherein does this jurisdiction lodge2
Tr -HrsT H.
divided, between what, and the extent?
The act. which is not ambiguous, must.
on its face, determine. Admitting that
the United States acquired the Conduit
road land by due process of law, in pur-
sUanCe of the terms OF said act, we ask
if the act ceded absolute dominion over.
or qualified rights in. the land Undoubt-
edly, qualified rights only. in that the
State, in ceding the privilege to the
United States to purchase the land, re-
served TO herself absolute legislative ju-
risdicti0n and concurrent police jurisdic-
ton. In such land, the United States ac-
quired the same rights her graptors had.
and the additional ceded right to use such
land for a certain water supply purpose
only, and herewith the consent to exer-
else concurrent jurisdiction over il in all
things necessary for the specific water
supply purpose only.
Concurrent Jurisdiction is the running
together with the same authority over a
thing.
Stress must be laid on the word nee
essary' and its meaning in Interpreting
the act, for it is the measure Of the con
current Jurisdiction ceded. The concur
rent Jurisdiction ceded was limited bv
the act TO "as may be necessary
for said purpose The purpose
Of supplying the city of Washington with
water"
AaryIands act ceded no land measured
in metes and bounds, but simply the
privilege to acquire land by one process
OF law. Maryland did not cede her public
highways, or parts thereof, involved in
any lands which might be of use for the
purposes Of the government water SUD
ply nor did she cede any right OF her
people for future inteTseCting highways.
All q that yet remains in Maryland She
ceded none of her legislative functions
or Jurisdiction over the land. She could
not cede her police powers and jurisdic-
ton over "a thing in which she retained
an interest, although she could and Gid
consent TO concurrent jurisdiction there
over. administration goes with owner
ship and possession, and both of these
qualities being in the United States. ad-
ministration is hers solely. She may fence /
in the Conduit land, except the interseet-
ms highways, and then tear it down; |