Evening star., 1907-11-19
DEMAND RESTITUTION
Auto Owners Want Amount of
Fines Paid Glen Echo.
RESULT OF CONFERENCE
Attorney Directed to Forward Com
munication to Mayor Garrett.
APPEAL ON UNSETTLED POINTS
Outline Of Decision Given by Judge
Henderson Yesterday at
Rockville, Nd.
RESULT OF CONFERENCE
APPEAL ON UNSETTLED POINTS

| There was rejoicing among the Wash
| ington automobilists today over the legal
victory that was won by their attorneys
yesterday at Rockville in the Conduit
road case. At conference of local auto
owners the decision was reached to con-
tlnue the contest until every disputed
| point is settled.
The decision of Judge Henderson yes
terday was only the first volley," said Mr..
A. E. L. Leckie, Of the firm of Leckie,
Fulton & Cox, who is counsel for the au-
| tomobllistS. We shall take the matter
to the court Of appeals of Maryland, and
If necessary from there to the Supreme
! Court of the United States.
| 1t was Mr.. Leckie's belief that the Glen
Echo authorities may note an appeal to
| the higher courts in an effort to sustain
| the authorities of that township in trying
cases Of the character of that of Mr..
| Lutz and other local automobilists, who
were arrested by Marshal Collins and
| fined by Mayor Garrett for the alleged
speeding of their machines along the Con-
| duit road, also In support Of the Glen
| Echo ordinances.
Later in the day, Mr. G. L. Baker Of
the firm OF Douglas & Douglas noted.
through Attorney Peter of Montgomery
county, an appeal on behalf Of the Wash
ington automobile owners as to the juris-
dictional feature Of Judge Henderson's S de-
cision.
Another important step that was
taken today by Attorney Leckie and
the others of counsel for the autoists
was was the the, forwarding or.a of communiea.
of Glen Echo requesting him to return
all the fines heretofore wrongfully coll
lected from their clients.
The local autoists in conference also
decided to continue Col. NJ. A. Winter,
vice president of the United States
Trust Company, as the treasurer Of
the defense fund. and an appeal was
made to all interested persons in the
der that the case may be carried to
ultimate complete success. call was
made upon Col. Winter to furnish
list of the contributors to the present
time. /
Demand Return of Money.
"We will demand from the Glen Echo
authorities the return of all the money
that has been illegally collected as
fines, and it is more than probable
there will be some suits for damages
on the score of illegal arrests filed
against the township" Col. Winter said.
A special dispatch to The Star from
Rockville, Nd, today says that, unless
the United States authorities promul |
gate regulations to the contrary. owners |
of motor vehicles will hereafter have |
things all their own way on the Con- |
duit road. and can speed along that |
popular thoroughfare as rapidly as
their machines can carry them if they
so desire This is, in effect. what the |
decision Of Judge Henderson In the |
cases of John A. Lutz against the state |
of Maryland and the mayor and coun- |
ell of Glen Echo. which was rendered |
afternoon. means. In deciding that the |
Conduit road is not a public highway |
within the meaning of the Maryland |
statutes Judge Henderson held that the !
United States has absolute control over |
the road so far as its use is concerned |
and that, consequently, the act Of the |
Maryland legislature regulating the |
running of motor vehicles on public |
Judge Henderson stated. however. that
the United States would hardly main |
tain man trap. and fntimated that |
proper steps would probably be taken |
by the United States authorities to |
protect the public.
States Attorney Robert B. Peter, who !
represented the state and also the town |
of Glen Echo in the proceedings, stated |
that he has not had time to examine the |
question as to the right of appeal and |
consequently could not say what further |
action would be taken. 1t is the opinion |
of lawyers here. however, that the de- |
cision of Judge Henderson ends the |
matter.
Points in Decision.
The following are the principal points
in Judge Henderson's decision:
/. That the United States holds title to
the territory acquired for the construction
of the Washington aqueduct not under the
et< 80, rHfp ,f
article / Of the Constitution of the United |
States, but under paragraph 1S Of the
same section of that article, known as the |
General Welfare" clause
.. That the Jurisdiction over the terri
tory thus acquired is the Necessary"
the land was purchased as distinguished |
from exclusive Jurisdiction which in
wolves political dominion with right Of ex-
elusive legislation.
3. That chapter 179 of the acts of the
general assembly of Maryland of 1853. and
the acceptance Of its provisions by the
United States creates compact between
the two sovereignties, valid under the
Constitution of the United States and !
the constitution of Maryland. the terms of
which ere obligatory upon the respective
parties to the contract, and that by the |
provisions of the contract the state con-
cedes to the United States only such juris-
diction as may be necessary to construct |
and maintain dams, reservoirs. buildings
and other works that may be required |
to supply the city Of Washington with |
water, retaining other general jurisdic- |
ton. including the power of police super
vision and regulation of the territory thus |
acquired by the United States.
Exclusive Rights Conferred.
4. That under a reasonable interpreta-
tion of the provisions of the act and a |
proper distribution and allotment of juris-
dictio the United States has tbe axoIu |
sive right to control the use Of the physi-
cal structure Of the aqueduct and all its