Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-12
THE CONDUIT ROAD
Attorney Generals Decision
Sent to Secretary of War.
VIEWS OF LAW OFFICERS
Government Has Exclusive Jurisdic-
ton Over the Road.
MAJOR C0SBY'S OPINION
What the Official in Charge of the
Operation of the Aqueduct
Thinks


made In the present policy of the War De-
Tartment with respect to the regulation of
travel on that road. Gen. Oliver. who is
acting secretary of war. and Gen. Mackeu-
Zie, chief OF engineers. who has general
supervision over the Washington aqueduct
and its accessories. do not care TO take
any radical action in this matter until
after they have heard from Secretary Taft,
who has shown a personal as well as
official interest in the controversy between
Mayor Garrett of Glen Echo and the en-
gineer officers in charge of the aqueduct.
which arose over the alleged arbitrary in
reference with members of the diplomatic
corps for alleged overspeeding through the
town of Glen Echo.
Gen. Mackenzie said today that he had
not yet fully digested the opinion of the
Attorney General. and consequently
not fully aware of what if anything he
was called upon to do with respect to the
enforcement of the laws and regulations
governing the Conduit road His course of
action in the matter he said would be
governed entirely by the views of the Sec
rotary of War. 1t might lie deemed ad
visable to amend or extend the rules and
regulations already in force for the care
and preservation of the aqueduct property
including the Conduit road. but that is a
question for future determination. The aues-
ton of the speed of automobiles and other
vehicles is already covered in the existing
regulations, and Gen. Mackenzie said he
was not prepared to say whether the de-
partment would change those regulations
so as to authorize a higher rate of speed
over the road. The chief of engineers said
also that the question as how the govern
ment would police the road and preserve
the peace has not yet been determined.
Opinion of Law officers.
Some of the law officers of the War De-
partment say that under the opinion of the
Attorney General the general government
has exclusive jurisdiction over the Con-
duit road its entire length, from Great
Falls to Georgetown. and that the District
Commissioners have more control over
that portion of the road within the Dis
trict limits than have the Maryland au-
thorlties over that portion within the
limits Of Maryland
No one at the War Department seems to
believe that it will be necessary to employ
troops to preserve the peace or to enforce
the laws on the Conduit road. The general
impression is that that work will be de-
volved on a force of deputy marshals, to be
appointed and paid by the Department of
Justice.
Major Cosby's Views.
Maj. Spencer Cosby. Corps of Engineers.
who is the official representative of the
chief of engineers in the operation. care
and maintenance of the Washington aaue-
duct, may be called on to prepare rules and
regulations for the government of the Con-
duit road, in accordance with the Attorney
Generals opinion, for the consideration and
action of the chief of engineers and the
Secretary of War. He Is credited with the
opinion that the Conduit road in the future
may be patroled by deputy sheriffs, with
power, vested in them by the United Stat
government, to make arrests for viola tons
of such regulations as may be promulgated.
Heretofore" said the major, it has
been the custom to allow state super
vision of government roads and l am
extremely sorry that occasion has arisen
necessitating contrary action by the gov
eminent.
las long the authorities of town
conduct matters in moderate way there
Is no complaint on the part of the gov
eminent. But soon as officials overstep
the bounds OF their authority, as the Glen
Echo authorities are represented to have
done. then 1t is time for the federal gov
eminent to step in and relieve them of
authority.
The Conduit road is, of course. govern
ment property and subject to sucn reglI-
lations the federal authorities NAV
deem advisable 1t has been said that the
government does not maintain warchmen
on the road This is erroneous. There are
three watchmen, with a similar number
of subordinates, who patrol the road
night and day. Now that the Attorney
General has ruled that the government
shall maintain order and discipline on the
thoroughfare it may be necessary to APP
point deputy sheriffs."
Collins Withdraws Resignation.
Marshal Collins. who several days ago
rendered his resignation as marshal and
deputy sheriff of Glen Echo to Mayor Gar
rett. returned home from Philadelphia last
evening. and at once looked up the mayor
and withdrew his resignation, and is again
patroling the Conduit road on the lookout
for law violators.
Mayor Garrett stated today that he had
persuaded Marshal Collins to withdraw his
resignation. he needed him in the cases
of speed law violations which to come
up in the fall and that the marshal had
promised to remain until the latter part of
October or first of November when he eX-
poets to go to Philadelphia to accept the
position offered him by his brother.
The mayor stated that the question of his
authority over the Conduit road has been
fought through time and time again and
he has always won out, and that Marshal
Collins and he will fight it over again as
often necessary. The mayor said that
State Attorney Peter had Informed him
General Bonaparte will not hold good in
the courts. Upon but one case in fifty the
Attorney General rendered his opinion Mr.
Peter said. and this one he cited. leaving
the other forty-nine out, which makes it a
one-sided question.
Il have also conversed with a score or
more of attorneys on the subject" the
mayor stated, land they. too. state that the
Attorney Generals opinion will not stand
test in court
Makes Three Arrests.
Shortly after Withdrawing his resignation
Marshal Collins was on duty and within
an hour he had made three arrests. The
first was a colored man. Joseph Johnson,
chauffeur Of an automobile owned by A. G.
Nawmyer Johnson was charged with oper-
ating machine without Maryland Ii
cense He was released upon his own recog
nizance upon promise to appear for trial
at Rockville next Tuesday.
The second victim was Henry Houck a
street car conductor. who was charged with
appropria ting an electric light globe to his
own use. Marshal Collins took him before
Mayor Garrett and he was fined s..
The last case was charge of drunk and
disorderly conduct preferred against C. J.
Will and he was also fined s..
Uncle Sam Not Worrying.
Glen Echo's affairs not worrying IN |