Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-05-13
THE RETROCEssION SCHEME.

The action OF the Supreme court OF Inc LIS
trict Of Columbia in the case of Phillips VS..
PAYNE, in which the validity of the act of re-
PROCESSION of Alexandria to Virginia was sought
to be involved, was announced in yesterday
Gazette. The Washington Republican, of this
morning, gives the following proceedings in
reference to the matter:
Judge Willoughby sad that he was en,,
couraged by the opinions Of great lawyers and
the action of Congress to press this question to
decision, and be felt that he represented the
wishes of large majority of the citizens OF Al
e4andria 10 doing SO.
Judge Wyie suggested that this matter could
not be decided by any tribunal short of the Su-
preme Court of the United States, and that the
amount involved was not sufficient to carry 1t
there, but Judge Willoughby responded that
the question could be taken there by means OF
special ALLEGATION from one Of the Judges OF
the Supreme Court.
Judge Cartier wanted to know the shortest
way to get the case before the Supreme Court;
if the case was not brought here by agreement
between the parties, and he did not think 1t
was it ought to be decided.
Judge Wylie also suggested that as the Su-
preme Court Of the District only succeeded to
| the Jurisdiction of the old Circuit Court of the
District, and as that court had no jurisdiction
over Alexandria county when sitting IN Wash
ipgton, it could not pass upon this matter
Willoughby responded that this was an action
in assumpsit, which could be brought any
where, but Judge Humphreys said that, as the
question to be decided was the legality OF law
imposing tax, and of the action of the officer
10 collecting it. it could only be decided within
the Jurisdiction 10 which the law was passed.
for instance, court in New York could not
pass upon the legality of tax law IN Virginia.
Willoughby contcndcd that the law OF Vlr-
GINA had nothing to do with Alexandria; that
the act of retrocession being null and VOID, Al
exaniria county was still u part Of the District
of Columbia.
Judge Wye thought the question was one
that ought 10 be decided, aud was willing TO
overrule or sustain the demurrer, whichever
would most speedily bring 1t to decision.
Judge Cartier added There can be 10 rest
this sid, of the Supreme Court, and the qurs-
lion is SO important and doubtful that am
willing to speed the cause. This will involve
sustaining the demurrer.
Wioughby expressed a strong desire to
have full investigation and fair decision OF the
constiluionaiy of the act of retrocessou, 10
order, if the act was declared unconstitutional,
lO NC dUlC W ~ d. uuOC ~ SOoSiS''o ooa nav
action taken Immediately.
Judge Wylie said that this court would hest
tate long before declaring an act OF Congress
unconstitutional and Judge Humphreys said
that it would be difficult Tor the Supreme Court
of the Uuited States to declare an act Of Con-
gross, passed in matter in regard to which
the Constitution gave them exclusive power,
unconstitutional that it was an exercise OF dis
erection 90 the part of the political power,
which, perhaps could GOT be reviewed by the
courts. 1t was an act Of folly to separate Al
exandria from the District, but that is not the
question now to be decided.
Judge Cartier said that the exigency Of the
case required that the demurrer should he sus-
tanned pro forma The Court would examine
and decide the question if they saw that any
substantial result could be reached by their so
doing; but as their decision could not be final,
aud in case Of overruling the demurrer might
occasion confusion, the best thing that could be
done was to speed the cause to the Supreme
Court of the United States. The demurrer is
therefore sustained without the court express
ing any opinion on the merits of the case.
1t is understood that Judge Willoughby will
sue out writ Of error aud apply to some one OF
the judges Of the Supreme Court for special
allocatur by which the case may be carried up.