Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-07-14
PLACED UNDER ARREST
Secretary of Wars Right to Author
ize Ticket Sales Questioned.
CASE TO BE HARD FOUGHT
Authority for Action at Polo Tour
Playground Law.

seats and for automobile parking space
In Potomac Park overlooking the field
where the army polo tournament is
being played is question raised by the
arrest Friday afternoon of Orville B.
Drown, charged with t. spass.
The issue may be decided in Police
Court or may be passed upon by a
higher judicial tribunal Congress may
be called upon to take hand in the
solution, and, by resolution, may call
upon the Secretary of War to show his
justification for extending the privi-
lege.
Mr.. Drown parked his automobile on
the space reserved for holders of tick
cts issued through Capt. Julian r.
designated by the Secretary of
War to direct and manage the polo
tournament, held under army auspices.
According to his own statement, hav-
ing no ticket, and declining to pur-
chase, he refused to remove his auto
mobile at the request of a man whom
he presumes was an employe Of the
War Department.
Case Is Continued.
Mr.. Drown was arrested. charged with
trespa IS. deposited $40 collateral at the
third precinct station and appeared yes
terday in Police Court. The case was
continued to afford Assistant United
States Attorney Given opportunity to
investigate.
Mr. Drown was represented by counsel.
William W. Bride. He declares he will
contest the case and appeal. If necessary,
to higher court. He maintains that the
Secretary of War is without authority
at law to authorize any charge for public
space under any circumstances; and cites
the fact that the public parks and reser-
vations are exempt from taxation in view
of the fact that they are supposed to be
non-revenue producing.
The authority in law claimed for the
Secretary of War permitting the imposi-
ton of charges such as levied at the polo
tournament is found in the local play
ground law. This law authorizes the
setting aside Of space in public parks and
purposes. and directs the Secretary OF
War to make regulations OF proper ma.
ture for their conduct.
Other Precedents Claimed.
Charge for seats Is made at Fort Myel
at the frequent drills and maneuvers held
there. There are other precedents, 1t ID
claimed, for the practice. No charge
is made for viewing whatever event may
be in progress on the public grounds, II
is explained; the charge is made for spe-
cial accommodating provided for the
use of those willing to contribute in this
way to expenses. There is no Individual
profit or division of receipts.
Attorney Given and Mr.. browns coun-
sci, Mr.. Bride, will confer Monday re-
garding the case. Mr.. Given will then
declare what he proposes to do. Whether
the War Department or the polo tourna-
ment participants will take any part In
the issue remains to be seen. 1t Is doubt
full If the army officers will notice the az
fair unless formally brought into 1t.
Col. Spencer Cosby, in charge Of pub
lie buildings and grounds. explained last
night the status Of the polo tournament
In regard to its privileges in Potomac
Park. The Secretary of War directed his
office, said Col Cosby, to set aside space
for the tournament, lodging the authority
to proceed with the arrangements in Capt.
Lindsey. At Capt. Lindsey's instance the
right to charge a fee not more than 81
for parking automobiles in a space to be
set apart overlooking the polo field and
for seats for spectators was extended by
the Secretary Of War.
The money to be SO collected, 1t was
intended. should be a fund to meet ex-
penses of the team selected as q result of
the tournament to represent the army in
the big tourney at Point Judith later in
the year.
Col. Cosby Surprised.
Col. Cosby was surprised that the
rule had raised opposition in any
quarter. as in his opinion the public,
afoot or awheel, was in no way in
jured by the charge. He considered
that the purpose of the fund was one
which would claim public sympathy
and approval
~
cials Of the Army Polo Association, de-
clares that he would not himself had
the problem been put to him, have re-
quired Mr.. Drown to have moved his
automobile away from the reserved
space upon showing disposition to re-
in vogue. He, however, maintained the
propriety Of the conduct of the tour
nament in this particular.
Mr.. Drown describes the incident in
detail. He states that, leaving the ball
park Friday afternoon he found that
he had time to take a look at the polo
match, a game that he had never SEEN
Approaching the field, he tried to find
a spot convenient for observation, and
finally observed where a number of au-
tomobiles were parked. partly on the
grass with their forward wheels over
the roadway.
Locating a space for the car, Mr.
Drown says he backed In his machine.
"A
asked for his ticket. Mr. Drown said
he had none. He was told, he de-
clares, that he must buy one then. as
the SAGE was reserved
Mr.. Drown says he demanded to
know why he should buy ticket for
parking space in a public park. The
explanation given him, Mr.. Drown de-
clares. was that the money was to be
used to help keep up the grounds. He
declined to buy ticket. he says. and
standing on what he considered his
public rights, declined to move his
Placed Under Arrest.
A policeman. told of the situation,
directed Mr.. Drown to move on. When
Mr.. Drown again refused to comply
the policeman consulted a sergeant.
The police sergeant then approached
and told Mr.. Drown and his companion
In the car that they were under arrest.
At the third precinct station Mr..
Drown deposited collateral. and was
allowed to go.
'The charge was made" said Mr..
Drown. 'in my opinion. to make q
social event OF the polo tournament,
and to exclude the hoi polloi, Of which
/ suppose I am one. I shall fight the
case through. and have discussed the
case with a member OF Congress, who
may make the matter a subject Of
calling uDon the Secretary