Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-20

of murder and other felony; Ii could not
grant TO its own members absolute immu-
nifty for murder other felony such men,
bers might commit in the District When
Congress abolished all self-government by
the inhabitants Of the District municipal
or legislative, and substituted therefor
management by three Commissioners. APP
pointed by the President and confirmed by
the Senate, thus depriving the people of the
District OF all management and government
or their own affairs the right to desig-
nate the disposition of their own money
raised by taxation upon them and their
property, or to name their own officials or
custodians of their funds, 1t thereby ipso
facto reduced the District of Columbia by
legislative enactment to the condition of a
mere bureau, department or reservation of
the national government. and thereby in.
accordance with the constitutional prin-
ciple that taxation and representation go
together. destroyed the right of Congress-
"Llie the District was in this condition, To
impose taxation upon the people of said
Distflct, except such right it could con-
stttutlonally exercise upon the inhabitants
OF any other government reservation or de-
partment. which power of taxing the in
habitants for improving government prop
erty was not one of them.
Expenses of the Reservation.
But it became the duty of Congress to
defray the expenses incidental to the reser-
walton known as the District of Columbia
just in the same way as 1t does for other
The District of Columbia was established
for the general welfare of the United
states. There certainly can be no doubt
on that point. Its public buildings were
erected to be used for the general welfare
OF the nation, and, as streets and avenues
We're essential instrumentalities for the Use
OF the government buildings and people
bent on government business they too were
Tor the general welfare of the nation but
IN addition, they were the fee simple proner-
" OF the United States 1t becomes therefore
a logical deduction from these premises
that it is the duty of Congress to paw for
the Improvement and extension of its own
property, the streets and avenues afore-
SAID, out of the money of the United States
government. in accordance with the before
mentioned provisions of the Constitution
wnich directs Congress to. provide for the
deDts and general welfare out of money
raised by taxation, duties, &c. in propor-
uon 10 the census or enumeration and uni
form1ty throughout the United States Com
sress mas no more constitutional right to
apply money raised by taxation upon pri-
vate property in the District of Columbia
to Improve the fee simple property of the
United states streets and avenues) than il
would nave to apply said money 10 the
erection of custom house in Chicago or
improving the harbor of New York
What greater right has Congress under
the Constitution or known principles of
law to compel the said property own
ers to pay for the extension or improve
ment OF the fee simple property of the
United States, over which its own officials
ana employees must pass in order to en-
ter or leave the various public buildings
than it would have to compel said on
Gals, clerks and employees and taxpay-
ers to pay for keeping said buildings in
repair or for enlarging the same? There is
another aspect OF this matter of street
extensions which seems to have entirely
escaped the notice Of judges and law
yers and taxpayers generally, namely
while Congress has provided in the act
halt of he. m
be assessed against the property bene-
fitted 1nd he other half shall be paid by
the District Of Columbias yet every indiyid-
ual whose property is benefited % is per
Sonaliy liable Tor the amount of the tax
assessed agairst his property whether the
tax is greater or less than the value of
the same while if the District of Column
bia should fail to pay the contractors who
dld the work upon such extensions, such |
contractor would have the right to sue the
District of Columbia for the amoint due
him, and if he could find no property be- |
longing to the District upon which to levy
his execution he could then compel the
marshal of the District to levy upon the
property of any street railway company |
market house. church, hotel or private /
residence, sell the same at public auction |
and apply the proceeds on his Judgment
against the District of Columbia based /
upon the cost and area embraced in the /
limits OF the city of Washington hitherto |
improved under the system of the board 4
of public works, it will be apparent that 1
the same class of work to be done in the /
extension district will cost not less than
sixty million dollars. Where is the money /
to come from to pay the bills?
In conclusion ! cite the beautiful prin-
cfple Of constitutional law announced by /
the Supreme Court of the United States in
the case of Exparte Michigan, 4 Wallace,
pages 10 and 121: 1.-The Constitution of the
United States is law for rulers and peo-
pie; equally in war and in peace, and COW
ers with the shield of its protection all /
ri GcfxC nf
JOHN s. BLANKMAN.