Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-06-06
City Heads Back
Ruling Airport
Is in District
Licensing Of Firms
Across Potomac
Is Ordered

lumbia Jurisdiction and that steps
should be taken for the licensing
and collection of fees on operations
there.
Immediately involved in the
question is the consideration of a
LIQUOR permit for the operators OF
the airport. granting of business
licenses and issuance of commits
sions to airport guards as special
policemen.
Mr.. Keech said his opinion was
submitted to the city heads at the
request of airport authorities. who
are anxious to have the issue cleared
since it is planned to place the port
in operation shortly.
Action Faces Challenge.
1t was pointed out that Mr..
Keech's decision would not be con-
sidered final since it affects the
Commonwealth of Virginia and any
action taken under it by the District
government might be challenged by
that State. Officials in nearby Vir-
Rinia counties declined to comment
on the opinion and no indication
was given of what, if any, court ac-
ton might be taken to reverse the
ruling.
The decision has the support of
the Civil Aeronautics Authority,
which will be responsible for the
operation of the airport. Brig. Gen.
Donald H. Connolly, administrator
of civil aeronautics. explained that
assumption of jurisdiction by the
District of Columbia over the dis
puted area would greatly simplify
the task of operating the new field,
particularly in policing the area and
providing protection and escorts for
distinguished national visitors.
Taxes Raise Problem.
Involved in the ruling by Mr..
Keech were a variety of questions
which, it appeared might not be
finally solved until perhaps further
court decisions had been obtained.
Whether there was prospect that
the District government might seek
to impose real estate taxes, as well
as the District gasoline tax, was
among them. Some observers were
of the opinion that the District real
estate tax would not apply since Dis
trict funds were not used in develop
ment of the airport area.
However. it appeared that District
officials would seek to levy assess
ments for the District personal
property tax, collect business license
fees and District income taxes from
the operators of the airport or from
business concessions which will OPP
crate there.
In connection with one of these
points. Mr.. Keech said in his opin-
ion lit is my understanding that
the director of the Department of
Finance of the Commonwealth of
Win ginia has advised the Office of
the Assessor. D. c.. that the Virginia
authorities have issued regulations
advising oil companies that the
Washington National Airport is in
the District of Columbia and that
the District tax applies to deliveries
at Gravelly Point. This Office has
also been advised informally that
the Virginia authorities have like
wise denied Jurisdiction to issue per-
mits for the sale of alcoholic bev-
erages on the airport property. 1t
Is my opinion that the views of the
Virginia authorities are in accord
with the various decisions in which
the boundary line between the Dis
trict of Columbia and the State of
Virginia has been the subject of liti-
cation"
Liquor Permit Sought.
Officials of the District Alcoholic
Beverage Control Board said today
they had received inquiries as to a
liquor sale permit for an airport
concession, but that a formal appli-
cation had not been received.
officials of the A. B. C. Board
said they would consider the appli-
cation in keeping with normal pro-
cedure if an application were filed.
Placing the airport in the District
would practically nullify the opera
ton of law passed at the last Vir-
ginia General Assembly to levy a
3-centS-per-gall tax on gasoline
used in interstate service. State Sen
ator william D. Medley of Arlington
County, Va, said. Planes fueling
at the airport and flying to other
sections of the State could not be
taxed at the airport, he pointed out.
Keech's tons.
In his opinion, Mr.. Keech attached
several recommendations, including
the following
That the District assessor, the
District superintendent of licenses
and the A. B. C. Board be advised
that the airport was within District
jurisdiction and that District laws
relating to issuance of licenses. COL
lection OF gasoline taxes and sale of
alcoholic beverages were applicable.
That Police Supt <. w. Brown
be advised that the airport be con-
Hdered in District jurisdiction and
ARRANGEMENTS be made for issuance
of commissions as special policemen
10 certain airport guards, as re-
ouested by the manager of the air
port on May 5.
That the manager of the airport
be advised of the ruling on District
jurisdiction and that persons engag-
ing in business or other activities
at the airport be required to obtain
necessary licenses and be subject
to applicable provisions of District
tax laws, and that commissions be
issued to special policemen with
authority to enforce the peace and
other laws of the District.
That Fred M. Glass, counsel for
the American Airlines. be advised
OF the ruling on jurisdiction, and
that licenses to engage in enter
prlses in the airport terminal build
ing would be issued upon proper
application by the District superin-
tendent of licenses at the District
A. B. c. Board
Mr.. Keech said his decision was
one of a number of rulings made by
his Office in recent years dealing
with questions of jurisdiction in the
so-called mo mans land" across the
river.
Mr.. Keech went back to the land
rrspt Charles made m lime %