Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-05-07
THE DISTRICT GOVERNMENT BILL
Proceedings I'm the House Of Repre-
sentatiVes Yesterday Afternoon.

THE DISTRICT GOVERNMENT BILL
Proceedings I'm the House OF Repre-.
sentattVes Yesterday Afternoon.
In the House of Representatives yesterday
afternoon, Mr.. Scales moved to suspend the
rules and take up for consideration the bill to
eStapnsh a permanent form of government for
the District of Columbia. The motion was
agreed to, and the House proceeded to con-
siaeT the OIL as In committee of the whole.
MI. Hale (Me.) in the chair.
An amendment was offered by the commit
tee and adopted, striking out so much of the
second section as requires the commissioners
10 100. own n property OF the assessed value of at
Mr.. Cox tOhio) offered an amendment pro-
nlaIng that me commissioners shall be APP
pointed by the President, by and with the adj
vice and consent of the Senate
Mr.. Cox said he offered this amendment be-
cause he did not believe that Congress
1ad the constitutional right to deprive the
President of this appointment and take it
Mr.. Blackburn said he supposed that that
constitutional objection had been exploded
he other day by the speech of the gentleman
from Georgia, Mr.. Hartridge
MI. IownShend offered as substitute an
ame ndment providing for the election of the
commissioners In Joint convention of the
lWo houses OF Congress- and authorizing each
senator and Representative to vote either for
three commissioners or to cast three votes for
one single candidate. He said the adoption
OF his amendment would give fair Chance 10
the minority in Congress to have voice in
the selection of the commissioners.
MT Garheld hoped that gentlemen would
not em6arraSS the passage of this bill by in
slstlng that Congress should elect the commits
Sloners of the District. Congress had not the
constitutional 10 power to do this. The appoint
ment OF all O1ncerS was vested by the conSUitu-
tlon III the President and in the heads of de-
partmentS in certain cases, and if Congress
could exercise the appointing power as to OFF,
GERS OF tie District of Columbia il could do so
Win regard TO officers in the territories and
certainly no one had yet been heard to claim
tllat that power could be exercised, or should
De exercised, by Congress. The appointment
TO once was an executive function, and he
hoped the House would not undertake this
Huly- With all due respect TO the gentleman
from Illinois, who ever before heard of Drop
oSltlon TO place the Senate and House on an
equality III such manner? There were only
TWO ways In which these officers should be
Seiected. one was 10y an election by the
people, and the other by the appointment of
The President. There was no law for a Joint
convention of the two houses for this purpose
nor could the appointment be made cOnStitu-
: Ilonally by any one except the President.
Mi. Harris (Na.) inquired if that was the
case, how 1t happened that Congress could
delegate the power OF election to the citizens?
Mr. Garfield replied that that was an
entirely different thing. Congress could create
the office and direct how it should be filled,
but it could not fill the office.
Mr.. Blackburn failed to see any unconstitu
tlonality in this matter. The Commissioners
OF me District were not federal officers under
this bill: He was surprised especially at Mr..
Garheld's argument, for that gentleman had
voted TO deprive the President of the power
to appoint the public printer. Besides.
another article of the Constitution declared
THAT no member of Congress should be ap-
pointed to any civil office while serving as
such member, and the gentleman from Ohio
was regent of the Smithsonian Institution,
which was certainly civil office. Last wear
the electoral commission was created, with
judicial powers, and the gentleman from Ohio
ana other gentlemen were elected members of
that commission by this House The House
then exercised right to elect to a civil office,
and IL was loo late now for the gentleman to
plead the uncOnstitutionality of the House
exercising the right to elect this officer.
MI. thompson argued that If the power was
exercised at all it should be i'm one BODY but
the bill proposed that the House should elect
one and the Senate another, and that the
President should detail one.
Mr.: Blackburn said Congress had exclusive
jurisdiction over the affairs of this District.
and under that jurisdiction it could elect the
commissioners in the manner proposed He
called attention TO the fact that i'm the pave
only created the commission, but declared VINO
the commissioners ShOnld be by name
- Mr.. Thompson thought it was depriving the
President of one of his prerogatives.
Mr. Blackburn replied that the President
had no original power of appointment in any
case. All the power he possessed in that direc-
ton was what was conferred upon him by
congress. The Congress could say whether
Inc PRESIDENT should appoint, and il could also
self. ~
Mr.. Townshend defended his amendment
and asked The House to adopt it.
Mr.. Hanna thought this power should be
lodged where 1t properly belonged. The com.
missioners should be either appointed by the
people. He was opposed to the clause also
which required ten years residence. That
proposition was too republican to receive his
sanction. He believed that there should be a
more reasonable term of residence. Is tins a
mere plan to make place for some old resi-
dent-ior some old fogy who had not kept
antirepublean. We should as near as pos,
81 Die make the government of this District a
model republican government. Again, the
bill was Objectionable because it declares that
the President shall only detail certain officer
He could not 60 back to his people after voting
Tor bill so manifestly antirepublican as this.
. Mr.. Burchard argued that the fourth sec
ton OF the bill practically made these commits
siOners officers of the United States and the
appointment should therefore be vested in the
President.
MT. Mayham argued that the constitutional
POM POI in was n not well TAKEN These men would
STATES, put of1lcerS OF a corporation
MI. thompson denied the argument that the
appointment could be made as proposed, be-
cause Congress had exclusive Jurisdiction over
the District. Congress had exclusive inrisdic.
ton to legislate for the post-office, but does
that TACT confer the right on Congress to ap-
punt poStHidSlerS. mat nad not been claimed,
put IL was the logical result to which such leg.
lSlatlon as this would tend.
Mr. Mayham failed to see any analogy i'm the
cases. o.
Mr.. Thompson said the argument was as
good In one case as in the other, for Congress
exercised exclusive legislation over the post
oflceS as well as over the District.
Mr.. Garfield said none would question the
fact that Congress could create corporation.
but 1t could not name the cOrpOratOrs We can
create a municipal government for the District
OF Columbia, and may authorize the people to
elect their own officers, but after we have
made the municipal government the legisla-
tive work is ended. The work is done. SO far
as the legislature is concerned. But the an
pointing power is an executive and not a legis-
latlVe power We can create an office but we
cannot designate the officer. Now as to the
reference about the public printer. He was
here to make a confession for the republican
side of the House No one could successfully
officer from the President. Congress did then
that which it had not the shadow of right to
do. He (Mr. Garfeld) had himself tried to
nave that wrong righted. The law was passed
when Andrew johnson was President, and
when the republic party which had elected
hlm saw that they were going to lose him but
there was no authority or excuse for the act
MIR. Blackburn said he wanted to ask. i'm all
cd humOr, whether the gentleman wOuld
not like to have the law re-enacted ont Of q
a n 90 n n<f Ixa De-. L.