Evening star., 1923-01-27

diction over the Conduit road so well
established that they cannot believe
that Maryland officials are sincere in
claiming the right to regulate traffic
on the section Of that road in Mary
land. It was stated that States At
torney Dawson and his associates at
Rockville are by no means the first
to claim Maryland's jurisdiction over
the road, but it is added. IL they get
legal support of their claim, they will
break long and unbroken record
against that contention. Maryland
officials. it is pointed out, not only
have been permitted, but they have
been encouraged by the federal off,
clals In charge, to use the road free
ly in the enforcement Of criminal and
other state laws. in state territory on
both sides of the road. 1t is admitted
also that In the early history of the
washington aqueduct the federal au-
thorities made no special effort to
regulate traffic on the Conduit road,
and that certain Maryland officials
exercised a degree of control.
Traffic Fines Recalled.
The records of the War Department
snow that 1t was not until 1915 that
the government itself undertook to
regulate traffic on Conduit road by
special authorization from Congress.
II was led to that course, it is stat
ed, by the heavy increase of such traf-
nc, and incidentally by the alleged
unauthorized action of the mayor of
Glen Echo. Md, in exacting fees.
large and small. from person using
alleged speeding and other violations
OF the Maryland traffic regulations.
Many members of the diplomatic
corps, including the Austrian ambas-
sador, 1t was reported. had been held
up and subjected to indignities by the
agents of the mayor of Glen Echo. on
the flimiest pretext. and official COM
plants were filed with the State De-
partment. The matter was consid-
cred by Congress and an act was
passed authorizing the chief of engt-
neers of the Army to establish and
enforce suitable regulations for the
protection of the Washington aQue-
quot and It's accessories. including the
Conduit road. That was in 1916, and
since then the traffic on the Conduit
road has been regulated exclusively
by federal officers.
At the request Of Secretary Weeks.
Maj. NJ. c. Tyler, the United States
engineer in charge of the Washington
dunn for him as to the jurisdiction of
the War Department over Conduit
road.
THE Washington aqueduct."' says
Maj. Tyler, was constructed by the
War Department with federal funds
between 1859 and 1853. The strip Of
land on which the aqueduct is located
was acquired by the War Department
by purchase and condemnation about
1853. The Conduit road was built
generally directly over the conduit
and within the said government
t-tp 60, hn inn q nv
of giving reasonably easy access to
all aqueduct structures by employees
of the War Department. charged with
the maintenance of the aqueduct.
Prior to 1916 the War Department
confined Its regulations of traffic over
the road to such action as woulo
safeguard the government property
and structures. The trafhc over the
road became SO heavy that. on the
recommendation of the department.
Congress, in the District of Columbia
appropriation act approved Septem-
ber l, 1915, enacted the ioiio"ihs 8
"The chief of engineers of the War
Department is authorized ana em-
powered to enforce the following
regulations of traffic for the protec,
ton of the Washington Aqueduct' and
filtration plant and their accessories
including Conduit road:
mo vehicle shall on the CONDUIT
road exceed a speed OF twenty miles
per hour within the District or CO.
Iunbia and, in the state OF Mary
land, the speed laws OF that state;
No reckless or careless drivshg snaii a
be permitted and drivers or all We
htcles shall conform to the generaily
accepted rules for the use or puoilc
roads as to- passing to the rleHl. slg
mailing desire to pass, ana SO ioL III;
and all vehicles using this road snali
Iary "a
by municipal regulations for venlcles
within the District Of Columbia. and
all such lights shall be so dimmed
or masked as to obviate any blinding
effect upon travellers on the road, ana
any violation of the above regula-
conviction for which the party or
parties offending shall be punished
by a fine of not less than 81 or more
than $40: Provided, that for viola
ton Of said regulations committed
within the District Of Columbia pros
United States branch of the Police
Court of the District of Colum bia
and for such violations committed in
the state Of Maryland prosecutions
shall be maintainable before the
nearest United states commissioner
Police Court and said commissioner
are severally vested with jurtsdic-
ton for this purpose.
Special Patrol Provided.
"'The United States district court for
the district of Maryland Is directed to
Appoint such additional United States
commissioner or commissioners. for
service at convenient points adjacent
to the Conduit road as may be requisite
to carry out the. above provisions OF this
act; schedule OF fees for such services
to be fixed by said court. officers au-
thorized to make arrests under the
provisions of this act are also au-
thorized, in the exercise Of sound dis
cretion, to parole the person or per-
sons so arrested for attendance at
trial.
"The policing of the Conduit road is
now effected under the authority OF
this law by special officers paid from
appropriations made annually by Cop
gress. The special officers on duty be-
tween the District line and Great Fails
are legally. appointed United States
deputy marshals. The ons on duty be-
tween the Georgetown reservoir and
of Columbia officer. Cases of viola
tioDs Of the regulations committed on
the road west of the District Of CO.
lumbia line are tried before United
States commissioner. who has been ap-
pointed for that purpose. as contem-
plated by law. Cases of violation Of
the regulations committed within the
District of Columbia are tried in the
District of Columbia Police Court.
THE maintenance and operations
of the Washington aqueduct and the
Conduit road is by law under the
Secretary of War and the chief of
Engineers. U. S. A. The funds there
fore are annually appropriated by
Congress from the revenues of the
District Of Columbia water. depart
ment." -.
The acting Judge advocate general
Of the Army also has submitted a
memorandum to the Secretary of War
on the subject of jurisdiction, in
which he says, In part:
"By article 1. section 8 of the Con-
stitution Of the United States. the