Evening star., 1923-01-27
Conduit Road Control Vested :.
In u. s., War Officials Claim
Department Men Cannot Believe Mary.
land authorities Are Sincere in attempt
to Regulate, Traffic.

was under the complete jurisdiction
of the United States Congress.
In constituting the consent given by
the state of Maryland to acquisition
of lands for the Washington aqueduct
and it's appurtenances in connection n
Constitution referred to, the Attorney
General said:
"In, my opinion this provision OF the
Constitution contemplates the pur-
chase of land 'needful for any reason,
to the discharge of any constitutional
tional powers of the United States.
In this case the consent of Maryland
was clearly given to the purchase OF
land, and If the land was acquired
for a 'needful' purpose, as thus con-
templated by article /, section g., OF
the Constitution. 1t seems clear that
the power of legislation over such
land Is vested in Congress as soon as
1t was acquired with such consent.
When the title is acquired by pur-
ture of the states. the federal juris-
diction is exclusive of all state au-
thority. 1t is immaterial to inquire
whether the legislature Of Maryland
meant to impose any restriction or
limitation upon It's cession of juris-
consent of the state to the purchase
being once given, the cession
takes place. by virtue Of the Con-
stitution itself; and any attempt to
impose a restriction by the legislature
would be unconstitutional, and there
fore, void. 1 do not think there is any
room for doubt that, in this case, the
given. An abundant supply of
pure water being a necessity of life. I
think it is clear that the reservoirs
and aqueducts and other construc-
/ NJ fn yuQ r.
ply are to be considered 'needful
buildings within the terms of article
/, section s. of the Constitution: and,
since roadway is an appropriate and
necessary appurtenance to such
works. being acquired to afford access
to them on the part of those intrusted
with their management, superin-
tendence and repair. I think the
Conduit road constitutes territory
within the exclusive jurisdiction Of
the Congress and that the legislature
of the state of Maryland has no
jurisdiction over any part of It."
Law on Violations.
. Regarding the exercise by the
government of Jurisdiction and con-
troll over the Conduit road. the At
torney General said further:
Il think the legal incidents of this
roadway are similar to those of So
called street in a navy yard or
arsenal. 1t was constructed for the
benefit of the government and not
Of the public generally, and the fact
that its use by many of the public
may have been tolerated for a long
time does not prevent the govern
ment from restricting or even forbid
ding such use, should that course
seem advisable. While the use Is per-
mitted. however. it would seem that
it ought to be permitted under rea-
sonable regulations. and 1 see no
reason to doubt that the officer, under
whose superintendence and control
the road has been placed by the
President in pursuance OF the act
of Congress. of 1859, may prescribe
such regulations in the absence of
any federal statute regulating the
subject matter.
He has. indeed, no power to fine
or imprison or otherwise punish
those who may violate these regula-
tions. but he can exclude them from
the use of the road If they are dis
orderly, or refuse to recognize his
authority. and such military force
may be appropriately placed under
his command as will insure obedience
to his orders"