The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-22
Glen Echo Defended.

Edi.or The Washington Herald:
"Quos deus vult perdere, prius demen-
tat"
The Attorney General having given
forth an official opinion in the Glen Echo
matter which IS unique In the history Of
the Department Of Justice. we now learn
from The Washington Herald that the au-
thorltles have it in contemplation 10 ar
rest Marshal Collins and bring him within
the District Of Columbia for trial
This IS Of a piece with the opinion It
self II Collins has violated any Federal
law. his onense was committed IN Mont
gomery County. Nd. and the proper
forum for his trial is the United States
District Court. sitting in Baltimore. The
courts Of the District OF Columbia have
as much jurisdiction in the premises as
have the courts Of Timbuctu.
Collins and Garrett have evidently con-
suited a lawyer. and lawyer. at that
who knows something of constitutional
law. and is not a "farmer''-Of illustrious
name and lineage. The Attorney General
in his haste to please the Secretary Of
State and his diplomatic friends. has
gone of half-cocked.' and that is all
there is. or can be. 10 It.
Collins has made no arrests within the
District OF Columbia. and any attempt 10
bring him here for trial is blocked by two
distinct clauses Of the Constitution. to
wit: Article III. section 2, subsection
3. and amendments, Article VI. But
What IS the Constitution among
friends?" So much for the precious prop
osition TO railroad" Collins to Washing
ton for trial for his alleged offenses.
The Attorney General, In the most re-
markable exposition of constitutional law
which has ever emanated from the De-
paTtment of Justice. the one solitary
opinion" of an Attorney General since
the foundation Of the government dis
tinctly marked with aduncity and ter
giversation, puts forth the claim that
Congress has exclusive power of legisla
ton over the Conduit road by virtue Of
article viii. section II. Of the Constitution.
But for its inherent ViciOusness. this
claim would be as ridiculous as 1t is pre-
posterOus
1t fatty contradicts no less than nine
decisions of the Supreme Court of the
United States, viz: Barber vs.. Connolly,
ll2 L. s. Passenger cases, 7 How; Ii
cense Tax cases, 8 Wall; L. s. VS..
Cruickshank, % T. S.; Gibbons VS.. Og
den, 9 Wheat; L. :. VS. De Witt, Wall;
Slaughterhouse cases. l6 Wall; Cohen
VS.. Virginia, Wheat; Loughborough vs..
Blake, Wheat, and at least a bakers
dozen" more.
Moreover, Maryland never did cede this
alleged Jurisdiction TO the United States.
1,r.e
cession was made by the act Of General
Assembly passed May g. 1853. The title
Of that act reads: An act giving the as
sent of the State of Maryland to such
plans as may be adopted by the President
of the United States for supplying the
city of Washington with water
The ceding clause OF this act reads as
follows: Section /. BE it enacted by the
General Assembly OF Maryland, That if
the plans adopted by the President Of
the United States for supplying the city
of Washington with water should require
said water to be drawn from any source
within the limits Of this State, consent
is hereby given to the United States to
purchase such lands, and TO construct
such dams. reservoirs. buildings, and
other works, and to exercise concurrently
with the State Of Maryland such juris-
diction over the samo sS nay be neces-
sary for the said purpose"
Here, so far from making any eession
whatever of her inherent, plenary and
sovereign police jurisdiction and powers
over the soil upon which the conduit road
is built Maryland cedes not one iota of
it, and expressly reserves concurrent
jurisdiction" over it, even as to the pur-
poses for which the grant is made, viz:
Supplying the city of Washington with
water" The soil upon which the conduit
rpad is built was never in any sense ceded
as military reservation " or military
anything else. as the act of the Maryland
legislature plainly shows; and the conduit
road exists merely as one Of the works
necessary for the said purpose" towit:
Supplying the city of Washington with
water"
Collins. Garrett, and Lutz. and the
Automobile Club" are of as little i'm
portance is the Ananias Club.
The viciousness Of the opinion Of the
Attorney General lies in its disingenuous