Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-16
CONDUIT ROAD OPEN
UnfOunded RumOr of Its Closing
by War Department.
TAFT'S DECISION AWAITED
Collins, Hearing Report, Hurries to
City Expecting Arrest.
ASKS IF WARRANT IS OUT
Attorney Crandal Mackey Cites Vir-
ginia Cases in Support Of Secre-
tary Bonaparte's Opinion.


their farms and the local market, heard
today that the road had been closed, and a
number of them reached the conclusion
that the longest way around might be the
shortest way home this afternoon.
Il was told that there were two COM
panies of cavalry and one OF infantry on
the road" remarked one of the farmers TO
a Star reporter at the Center market this
afternoon. Il hardly believe there is any
truth in the report, but I'm not going to
take the chances of being turned back
while my way home
The rumor gained circulation about the
market early in the day. Some of the farm
ers believing it was true and others doubt
ing it, Those VINO believed the soldiers
were in charge of the government highway
paid their respects, in unmstakable terms.
to MAYOR Garrett and Town Marshal COL
Inns.
Officials Deny Rumor.
At the War Department, however, Gen.
Mackenzie chief of engineers, and Maj.
Cosby, the engineer in charge OF the
Washington aqueduct including the Con-
dut road each told a Star reporter today
that there is no truth whatever In the re-
mort that the road has been closed to the
public Gen. Mackenzie said that no action
had been taken by his office IN regard TO
the road since the receipt Of the Attorney
Generals opinion, and that nothing VIII De
done in the matter unless specihcdny al
rected by Secretary Taft, who has been
thoroughly informed in regard to all the
recent developments
Mai Cosby said that there has been no
change in the regulation of travel on
the Conduit road and that IL any farmer
had been prevented from using the road he
had heard nothing of it. He added that II a
farmers team had been stopped the act was
unauthorized.
The adiutant general and all other Off
GERS having knowledge of military move
ments said that the report that troops mad
been ordered to take POSSESSION OF the
Conduit road was ridiculous, and that IL any
troops had been actually seen on the road
they were simply engaged In routine prac-
tee march.
Marshal Collins having heard the report,
came to the seventh precinct police station
in this city today and asked il there was a
warrant out for his arrest. He was told that
there was not. and that the road had not
been closed.
Mackey Upholds Bonaparte.
Jurisdiction of the United Slates over the
Conduit road was championed today.
through comparison with the situation in
Alexandria county, by Mr.. Crandal Mackey,
commemorative attorney CT that coun-
ty, who in speaking of the subject,
said THE Attorney General of the
United States is right beyond question
in the position he has taken regarding the
jurisdiction of the United States over the
Conduit road. The question has frequently
arisen in Alexandra county, and though
we wish to retain all the jurisdiction We
can we have always had to concede that
jurisdiction OF the United States over ths
roads in Alexandria county purchased py
the federal government Is exclusive.
The matter has been passed upon py a
| circuit court of the state of Virginia, by
the court of appeals OF the state ana py
| our county court, and always IN faVor Ok
| ho nit
withstanding the desire of our officers 10
| take jurisdiction of offenses committed
upon such territory and particularly upon
| roads similar to the Conduit road
Federal Jurisdiction Unquestioned.
"About one-tenth of Alexandria county Is
| owned by the United States, and some Oh
our most important roads belong TO the
| federal government. Only few days ago
| Col. Hatfield, commanding officer at Ft.
! Myer sent civilian prisoner, cltzen Oh
| Virginia who had committed the crime or
| MAYHEM upon the government reservation
| ia our ial / was compelled to advise him
that we had no jurisdiction. and that the
| case would have to be tried in the United
States district court for the eastern as
| trict of Virginia. The language used By
| the legislature of Virginia in ced ng terri
| tory to the United States and at the same
| time attempting to Ietain concurrent juris-
diction with the United States is about as
strong ii could be.
"The same language has been applied to
every cession of state territory, from 1is9
to 1856. | quote the same: This state re-
tains concurrent jurisdiction with the
United States over the said places so far as
it lawfully can. and Its courts. magistrates
and officers may take cognizance. execute
such process and discharge such other
legal functions within the same as may
no. be Incompatible with the true intent
and meaning of the said acts
I'm 1886 the question was raised In Vir-
a c IN whether q National Soldiers
Home at Elizabeth City is subject to juris-
diction.
of the circuit court of the state for Eliza
beth City county. In ceding that territory
the legislature of Virginia retained juris-
diction in the language quoted above yet
the court of appeals Of virginia held, held IN
Appeals. that the territory acquired by the
United States is exclusive of all state au-
thority, and that no legislative power other
than that Of Congress could be exercised
over lands within a state purchased by the
United States with the consent OF the state.
Constitutions Provisions.
TT will be remembered that the eighth sec
ton and seventeenth cause of the Consu-
tuition of the United States provides that
the United States shall exercise like author
ty all places purchased by the con-
sent of the Legislature of the state as the
United States has over the District of Co
lumbia, and the court of appeals of Virginia
held that the right of exclusive legislation
gives exclusive jurisdiction The curt OF
appeals of Virginia held that the only Ell
feet of the reservation OF 1urls-
diction by a state is to prevent the
coded territory from becoming a sane
tuary for debtors and crimina :, and in
The case of offenses committed on state
territory. the offender may lee followed by
state officers and arrested upon the land
over which the United States has juris-
diction. Justice Story Of the United States
Supreme Court held that the purchase OF
land by the United States for public pur-
N tlt
OF itself GUST the sovereignty of the state
over the land purchased, but that purchase
must be by consent Of the legislature of
the state, and then the jurisdiction of the