Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-20
TO STOP SPEEDING
ON CONDUIT ROAD
War Department Takes Steps
to Punish Reckless Auto
mobile Operators.
QUESTION is REFERRED
TO ATTORNEY GENERAL
Controversy Regarding Control Of
the Thoroughfare Recalled-Part
OF Government System.

| VI NVtCAumCuG 0ySCClU.
| Steps are being taken by the War De-
! paftment TO prevent the speeding and
| reckless operation of automobiles and
| autocycles on the Conduit road extend
ing along the north bank Of the Potomac
river from Foxhan road to Great Falls
distance of about fourteen miles The
ROAD was built by the government over
| forty years ago in connection with the
water supply system of the District. For
| a greater part of the distance it is direct
| ly over the tunnel conduit. Col Iangfitt
the engineer officer in charge of the sys-
! tenn, has complained to the War De-
partment of the misuse of the road bv
auto vehicles, claiming the operators of
some Of them drive so fast and reck-
lessly as to make dangerous the use of
the road by the general public.
! About six years ago the War Depart
ment had a controversy with Mr.. Gar
iett. then mayor of Glen Echo, Nd,
| small village on the road a few miles
above Georgetown. 1t grew out of the
action of the mayor in assuming juris-
dictiOn over that part of the thorough
fare running through Glen Echo, dis
| tance of about a mile, and imposing fines
and collecting them for alleged viola
tions of the speed laws of the state of
Maryland. The action of the mayor OF
Glen Echo was the cause of considerable
dissatisfaction by the people of this city,
who claimed that in many cases arrests
We're made and fines imposed arbitrarily
without just cause. The result of the
controversy was that the War Depart
ment assumed complete jurisdiction
over the road it's entire length. putting
it's agents in charge and denying the
Glen Echo mayor any authority what
ever in the premises.
u. S. Marshals as Law-Enforcers.
Since then agents Of the government
with the powers of deputy United States
marshals have patroled the Conduit ROAD
and have endeavored to enforce the laws
in operation in the section in the state
Of Maryland, as well as the shorter sec
ton within the District of Columbia. 1t
now appears from the report of Col.
Langfitt that there Is some doubt as to
the powers of these agents to require
obedience to the regulations by persons
who exceed the speed limits prescribed.
Several instances are cited where reck-
less drivers have been stopped for speed
ing and warned against repetitions of the
offense. No arrests were made, how
ever, and the warnings were not always
needed.
emily are convinced that the imposition of
some penalty is the only way to stop the
practice of speeding. As means to tnat
end he has asked the War Department
for information as to the extent of the
police powers of the agents patrollng
the Conduit road. What he desires to
know particularly is whether the agents
legally can arrest persons who violate
the speed laws. and in that event where
and how the prisoners shall be prosecuted.
In order to clear up these problems Act
ing Secretary Breckenridge has referred
the matter to the Attorney General for
advice as to the proper course of proceed
ure in the premises.
In July, 1907, Attorney General Charles
J. Bonaparte gave an elaborate opinion
Of several thousand words to the general
effect that the United States government
alone had jurisdiction over the Conduit
road. and that the mayor of Glen Echo
had exceeded his powers in collecting
fines for alleged offenses committed on
it, That opinion has general bearing
on some OF the questions now under con-
them.
Summary of Bonaparte's Views.
In summarizing his views, Attorney
General Bonaparte said:
Il advise you, therefore, first. that in
my opinion the laws OF Maryland confer
upon the mayor of the town of Glen
Echo authority to impose or collect
fines, either for violations of the ordi-
nances of that town, or for oHenses
against the state of Maryland second,
that the Congress has the right Of exclu-
sive jurisdiction over the entire length OF
the Conduit road, supposing, as l under
stand TO be the fact, that it's entire road
bed is owned in fee by the United States,
and has been acquired in accordance with
| the consent of the legislature of the state
of 10 ryta nd m n.
| tanned in the act Of 1853; third. that the
said Conduit road Is not a public high
way. but is subject to the control OF the
| officer designated by the President In
| it's use by the public may be subjected to
such regulations as may be appropriate:
obedience to which regulations may be
secured by the use of such reasonably
sufficient force as you may deem adv1s-
able.
In reaching those conclusions Attor-
ney General Bonaparte reviewed all the
| laws bearing on the acquisition Of the
! land occupied by the washington aQue-
duct including the Conduit road. and
continued:
Built for Government Benefit.
Il think the legal incidents of this road
| way tthe Conduit road are similar to
/ those Of a so-called street In navy
! yard or arsenal. It was constructed for
| the benefit of the government and not
| of the public generally, and the fact that
it's use by many Of the public may have
| been tolerated for a long time does not
| prevent the government from restricting
| or even forbidding such use should this
course seem advisable. While the use is
permitted. however. 1t would seem that 1t
ought to be permitted under reasonable
| regulations, and see no reason to doubt
/ that the officer under whose superintend-
/ ence and control the road has been placed
| by the President, in pursuance of the
| act Of Congress of 1889. may prescribe
such regulations, in the absence of any
| federal statute regulating the subject
i, matter. He has indeed no power to fine
or imprison, or otherwise punish persons
| who may violate these regulations. but
| he can exclude them from the use OF the
| road IL they aye disorderly or refuse to
| recognize his authority. and such mill
tary force may be appropriately placed
under his command as will insure obedi-
ence to his orders"
Cavalry Disperses Strikers.
CALUMET Mich, August 20-Cay-
airy was called out today to disperse
~