The Washington herald., 1907-07-11
CONTINUED FROM PAGE ONE.


the State. If it should be decided that he
is in the wrong he viii return the fines at
once.
AS soon as a final decision is reached !
VIII write a check for the various indi-
viduals who have paid money for violat-
tTl1 our speed laws, said the mayor. THE
money is all intact IN the bank Alto
getheT there is 81, $50 that I have collected
in fines. Nine hundred dollars of this
amount was paid in fines by automo-
bilists."
The charter Of Glen Echo is a copy of
a charter prepared by Justice Gould, of
the Supreme Court OF the District, for
Garrett Park The same charter is in use
in many Of the different towns all over
Maryland. Legal technicalities are in
cluded IN the decision. which. if they are
upheld by the courts. viii lead to the re-
lease Of several men now in the peniten-
tiary. serving sentences on charges that
would be invalidated.
Attorney Generals Opinion.
Mr.. Bonaparte holds that the mayor of
Glen Echo has no authority to impose
or collect fines, either for violations OF
the ordinances of that town. or for Of
lenses against the laws OF Maryland.
As for the Conduit road. he holds that
Congress has exclusive jurisdiction over
It, and that it is not a public highway,
but that It is subject to the control of
any officer Of the engineer corps. whom
the President may direct to take charge
of IT,
II Mr.. Bonapartes suggestion is put
into practical effect the day Of the town
marshal of Glen Echo is over, and the
Conduit road. both for the mile Of it that
runs through Glen Echo. and for the re-
naming eleven miles OF its course. may
be pauOlled hereafter probably by cav
alrymen from Fort Myer
Mayor Garrett, OF Glen Echo. finds
himself, under Mr.. Bonaparte's opinion
with his occupation entirely gone. Not
only can he no longer collect fines, but
Attorney General Bonaparte points out
that inasmuch as he never had any right
10 collect them, those persons whom he
fined are entitled 10 enter suit 10 re-
cover the fines either from Mayor Gar
rett himself or from the town Of Glen
Echo. Mr. BOnapaTte, however, admits
that il is not entirely clear If II would be
practicable 10 arrange n satisfactory test
case in the premises. Moreover, such
proceedings could be instituted only in
the courts of Maryland
Reviews Glen Echo History.
Mr.. Bonaparte's opinion is a complete
review of the history of the building Of
Glen Echo and an equally exhaustive
study Of the laws of Maryland relating to
the roads Of the State. as we'll as the
powers of justices Of the peace. The
charter Of Glen Echo, granted by the leg
islature of Maryland, conferred upon the
mayor Of that town all the powers of a
justice Of the peace in criminal cases
where the town Of Glen Echo is a party.
Mr.. BOnaparte recites countless deci-
sions. showing that the legislature of
Maryland intended to confer upon the
mayor of Glen Echo q portion Of the
judicial power Of the State" but he holds
that the legislature could not confer in
the manner it did a part of the judicial
power Of the state upon an officer who
not only IS not 4 justice of the peace, as
deemed by the Constitution of the State,
but is not chosen in the manner pre-
scribed by the Constitution for the choice
Of justices Of the peace, and he quotes the
decision in Mayor and City Council OF
Hagerstown VS.. Dechert (S2 Maryland,
$500. He also cites the case Of Attorney
as being likewise precisely in point, and
adds that several other decisions of State
courts Of last resort might be cited 10
show that the legislation in question, by
which Mayor Garrett was made a justice
or the peace, the power to impose and TO
collect fines. Is clearly unconstitutional
Jurisdiction over Conduit Road.
On the question Of the Jurisdiction over
the Conduit road, the opinion fairly bris-
ties with references to the Constitution OF
the United States, and citations from Fed
eral opinions. He holds that there is no
material distinction in the matter of juris-
dictiOn between this case and that in
volved in Commonwealth VS.. Clary. Is
Mass, ~, in which it was held that a
proviso to the effect that civil and crimi-
nal processes might be served by the off,
GERS Of the Commonwealth Of Massachu-
sets within the territory of the arsenal
at Springfield, did not give the State
courts Jurisdiction to punish an onense
committed within the territory in ques-
ton.
The only other point as to whether the
Conduit road constitutes public high
way. the Attorney General likewise an
swers in the negative He holds that the
mere fact that the government, as a mat
ter OF grace only, allowed the use of the
highway to the public constituted a dedl-
cation Of the road to public use. Nor can
the right be claimed on the ground Of
prescription.
Apart from the maxim that time does
not run against the sovereign" the opin-
ion in the case Of Sapp VS.. Northern Cen
tral Railway Company 81 Maryland, p
12D, is cited showing that ITO establish
a prescriptive right, II must be claimed
under and through some one who had
right to grant or create the easement
claim" Mr.. Bonaparte holds that the
Conduit road Is analogous to a so-called
street in a navy yard or an arsenal