The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-12
GLEN ECHO AGITATED
Villagers Divided Over Bona
parties Opinion.
MAYOR GARRETT UNDAUNTED
Residents of Town Fear that IL the
Threatened suits Against officials
Succeed, II VIII Require Years of
Taxation TO Pay COsts-AutOmObiI-
lists WIFE Make Bitter Fight.


jurisdiction over the Conduit road al
Glen Echo was received at the War De-
partment yesterday. and In the absence
! Of Secretary Taft II went TO Assistant
Secretary Oliver He will refer II to Gen
Mackenzie. Chief Of Engineers. TO which
department the matter belongs. Gen,
Mackenzie, In turn, will refer 1t TO Mai
Cosby, the engineer IN charge Of the
Aqueduct and Conduit road.
1t Is expected that Maj Cosby, who, It
will be remembered. recommended some
time ago that the road be closed to public
traffic. viii be asked to make q report
and recommendation for policing and pro-
tecting the road under the opinion given
By the Attorney General.
Mayor Garrett Not Shaken.
Mayor Garrett still stands pat He has
not been shaken In the least BY the de-
cision. The automobile owners are longing
to get their money back. The mayor
says he will continue 70 make arrests and
impose fines as he has done heretofore.
II some one violates the town ordinance
along Conduit road and is arrested and
fined, Uncle Sam might take hand in
the affair at that Juncture Of the situa-
ton. 1t is his property, the Attorney
General holds. but until something Ike
this happens It is not likely the govern
ment will take any action in the ques-
ton.
When Acting Secretary Of War Oliver
was asked yesterday afternoon just what
the government would do. he smiled:
we are not crossing any bridges until
we come 10 them" he said.
So far as Uncle Sam is concerned, there
fore, the case is resting peacefully. But
IN the minds Of the officials the question
is not at rest. Their brains are bothered
as to the possible outcome Of the affair
ard the complications that may possibly
arise owing TO the legal technicalities
which would be involved II the case is
taken 10 the Circuit Court and from there
possibly 70 the Supreme Court OF the
United States.
Civil Suits Threatened.
The residents Of Glen Echo. some Of
them, az least. are not exactly perfectly
al ease. Civil suits against Mayor Gar
rett and Marshal Collins ere threatened.
Should judgment be obtaired against the
town authorities. the corporation Of Glen
Echo will have TO stand the consequences.
Taxes for years to come would be re-
quired 10 pay of the judgments, If the
cases should be decided IN favor Of the
plaintiffs.
On the other hand. there are those who
assert that Mayor Garrett will be upheld
by the courts OF Maryland. II necessary,
It is claimed, the legislature, which meets
next January at Annapolis, may come TO
the rescue OF the little village Just over
the District line, and the villagers may
be granted a new charter which would
give the town authorities power 70 meet
all the existing conditions.
According to the Maryland statutes, 80
petitioners are necessary before a town
charter is granted. 1t is probable that
the claim will be made in the Lutz test
case that Glen Echo has not that number
Of residents, and never had that many
people.
AutOists Feel JubiIant.
G. l. Baker. attorney for John A.
Lutz, who was recently arrested and
fined for speeding by Mayor Garrett, was
asked what. II any. effect the decision
OF the Attorney General would have in
the conduct of the appeal proceedings.
He said:
THE decision of the Attorney General
is. Of course, highly gratifying. as Il is
exactly in line with the position taken
by Us in the Lutz case. which has been
selected 10 test the legality Of the auto
mobile regulations at Glen Echo. a
large number OF Automobiles. who have
been fined by Mayor Garrett in a most
arbitrary manner, have determined 70
contest this matter 10 a final decision,
even though il be necessary 10 carry II
to the Supreme Court OF the United
States. For this purpose Charles a.
Douglas, A z. l. Leckie, and myself have
been retained. and are now going over
the Lutz case very carefully with the
purpose in view of presenting TO the
Circuit Court of Montgomery County,
early next month, all Of the points In
volved.
Glen Echo Charter Threatened.
1T has been our opinion throughout
that the Conduit road is exclusively
within the Jurisdiction Of the Federal gov
eminent, and that the State of Maryland
itself. OF the municipality OF Glen Echo.
has no Jurisdiction over it. This posi-
ton is well sustained by the opinion OF
the Attorney General. Moreover, it is
our purpose to attack the validity Of the
charter of Glen Echo. II has come to
our knowledge that the charter was OBJ
tanned in a very suspicious manner, to
say the least
The law governing the granting Of char
ters in Maryland to municipal corpora
lions requires the application 20 be signed
by $50 residents OF the municipality. As
the town of Glen Echo has a population
of about 80 to 10, It becomes a serious
question as to what method was used in
order to make UP this deficiency.
Test Case VIII BE Made.
1.-THE suggestion of the Attorney Gen
eral that a test case be made for the pur-
pose of determining all Of these ques-
tons will be fully complied with in the
Lutz case. The statement Of Mayor Gar
rett in the morning paper that Judge
Morris. of Baltimore. had sustained his
official acts in the premises is altogether
misleading. The fact is that in the case
of NJ A Winter. who was arrested for
speeding, an application was made to
Judge Morris for an injunction restraining
Mayor Garrett and the sheriff of Mont
gomery County from making any further
arrests on the Conduit road under the
speed laws. This injunction was denied
on the ground that the United States
courts were loath to grant injunctions in
any event. and that 1t did not appear
in this case than any Irrepara0le injury
would result, and petitioner had ample
redress through the State courts.
Garrett Returns Fine.
s4qz,.. g. 100000 %, ri w - 49,