The evening times., 1895-10-29
BASIS Of LE6IL ACTION
Flaw in lct Retrocsdins lIe1an-
dria County 10 Virginia.
STEPS YET 70 BE TAKEN
Congress May he Asked to Pass An
other Act, and the Attorney Gem
eral Instructed to Institute Suit.
Efforts to Rid Washington Of the
Crooks and Thugs.

A flaw In the act OF retrocession by
which Congress in 1916 restored to the
State of Virginia the thIrty-six square
miles now constituting Alexandria county.
as suggested by The Times yesterday, may
prove the basis of legal action TO bring
that territory again under the. jurisdiction
of the Federal Government and SO rid
the sections lying on the river OF their
lawlcss gangs.
If this plan must be rcsOrted to- 1T viii
probably be in accordance with an act
to be passed by Congress and by way of
suit instituted by the Attorney General.
In that case the proposed suit TO recover
Jurisdiction over Alexander Island will be
unnecessary.
The weak point in the act of retrOccssion
is the manner in which 1t was to become n
law. There is legal maxim that a dele
gated power cannot De delegated by the
person or party upon whom it was orig
inally conferred. OF course, this does not
apply to all matters in the ordinary ac-
ceptation OF the words used TO state the
maxim, but 1t does apply to the legislative
power.
DEPENDED UPON \ VOTE.
The act of retroccssion pakes it op-
tional With the people OF Alexandria whcth-
er the act itself shall be valid. 1t de-
pended upon the vote of the people wheth-
or the act returning the territory should
become n law.
After the three days voting then Gus
tOmary in Virginia it WAS announced that
the proposition to go back to the state
had carried by over a thousand majority.
This had the effect, under the terms OF
the act, to restore the county to Virginia,
but the question whether the Congress had
the power to thus leave it TO a contingency
whether the act should become Law was
raised. There was no serious treatment OF
1t, however. until q good many years later.
About fifteen years ago n farmer named
Phillips, on the Virginia side little above
Georgetown, refused to pay his taxes.
Sheriff Payne levied and he gave forth
coming bond. He raised the point that he
was not properly under the jurisdiction
of Virginia, and the authorities of Alex
andria county had no right to take his
goods for the support Of State and county
government.
Judge Westel wilioughby, Of this city,
was engaged by Mr.. Phillips to defend his
position, and the case was carried through
the courts as a test case and taken to the
United States Supreme Court. There it
was argued by Mr.. Willoughby and Hon.
John w. Daniel, now United States Sena-
tor. but then attorney general of Virginia.
The two principal legal points at issue
were whether Congress had the power to
make n law contingent upon vote by the
people and whether citizen could make
a legal contest with the State. The Supreme
Court decided adversely to Mr.. Phillips
on the latter point without touching upon
the former.
VALIDITY OF THE ACT.
The effect of the decision was that II
the question OF the validity OF the act
OF retrUcession was TO be tested 1t must
comeup on II suit bet tween twogOvernments.
not between the State and a citizen. 1t
is not being considered whether this is
not the time to bring that suit.
A case brought before the Supreme Court
would be likely to receive a favorable
decision, as the Potomac flats case has
gone in favor of the United States. There
would be all the weight of public opin-
ion in favor of such a decision. Small in
fluence outside the mere legal standing
of the other side could be brought to bear.
There are no prccedcnts that correspond
with eXactncss to the problem to be solved.
1t would in many respects be a ne " decision.
Cases in Pennsylvania involving the ques-
ton OF power of the legislature to ma ke a
law dependent upon the vote Of cnmmuni-
ties have been decided against such laws.
They were cases involving liquor licenses
The effect OF these decisions would of
course be favorable tO the success Of the
movement To bring the territory back in
to the District.