Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-19
Mr.. Hale's Resolution of Inquiry asto
the Litigation.
POWER OF CONGRESS In THE DISTRICT
Other Senators Participated in the
Debate.
CON NSrITU TION APPLIED

A resolution was introduced in the Senate
this afternoon by Mr.. Hale of Maine pro-
viding that the Commissioners of the Dis
trict of Columbia be called upon to furnish
the Senate information in relation to the
litigation in the telephone case. Mr.. Hale
stated that in the District of Columbia ap-
preparation bill of last year a provision had
been inserted providing that the telephone
company charge reduced rates to subscrib-
ers for telephones within the District He
said this provision had been placed in the
bill in the Senate, had been passed by the
House of Representatives and to all an
pearances, had become law for the guild
ance of telephone companies within the
District, which is legislated for by Con-
gress. In addressing the Senate on his
resolution Mr. Hale said:
Congress has not only the legisla ton
power for the District of Columbia. but it
is the board of aldermen and legislative
council Tor the District. No provision of
law could be palmer than that which was
placed in the District of Columbia appro-
priation bill. That was not the first time
that Congress has put a provision in a bill
controlling the corporations and protecting
the people of the District.
Throttlcd by Sormc Judge
Mr. Hale said that this provision had
been adopted by Congress after ample CON
sideration, and yet it had been seized upon
and throttled by some judge.
Il assume he continued, that he is a
judge of competent jurisdiction, though 1
do not know. the action of Congress L
am told, has been arrested
He said that if this law could be ar
rested by judge any law passed by Con-
Sress might be. He wanted to have the
case appealed, to know just what Congress
was faced with by such decision, and
then they could see whether they would
abandon such legislation. He understood
that the decision hal been by some in
feror Judge He wanted a decision from
a higher court.
Mr. Gallinger said he was in favor Of
securing the information called for. but he
wanted to call the attention of Mr.. Hale
TO the fact that an appeal had been taken
to higher court
The debate then ran along for nearly an
hour on the subject of the power of the
Constitution and sits application TO the Dis
trict of Columbia and to other territories
In fact, the question of telephone rates in
the District was seized upon by senator's
who had BEEN thoroughly acquaiHt:ng them
selves with constitutional ques tions to be
used in the coming Philippine debate in or
der to discuss the latter question rather
than the subject of the resolution.
UnjustifaBIe Agitation.
Mr.. Gallinger said that there had been
the District over local corporations, es-
pecially in the case of the railways which
he said, were the best in the world and
yet bills Were before Congress to secure
a Scent fare, which would do away with
all profits and, in fact, be a practical con-
fscation. He said he hoped that if such a
law should pass and come before a Judge
in the District that it would be declared
unconstitutional as a confiscatIon of prop
erty.
Mr.. Foraker entered into an extensive
discussion as to the application of the Con-
sutution to the District and to other terri
tories. He said that this decision in the
telephone case was on constitutional
grounds. He said that the law passed, by
Congress had been interpreted by the Judge
as resulting in a practical confiscation of
property. lie said there was no question of
the Constitution of the United States ap-
plying to the District, as it had been spacli-
cally applied to it by act of Congress of
1871.
Mr.. Haze asked the senator if in a matter
OF this kind. in which Congress has assert
ed its power, he thought its will should
be countervailed by any decision of an
inferior judge without taking an appeal to
higher court.
Resolution Adopted.
Mr.. Foraker said he thought it was the
duty of those in authority to appeal the
case to a higher court. He said there was
nothing unusual about this decision, as the
judiciary has been frequently called upon
to decide such a case and similar decisions
had been rendered. 1t was not the first
time the legislative authority in the United
States had taken the ground that had been
taken in the court here.
After considerable debate relating to the
question OF the application of the Constitu-
uon to the District and other territories
Mr.. Hales resolution was adopted by the
Seuate 1t was purely resolution of in
qulfy IN order to bring before Congress all
facts in the case and gave no direction for
any particular action.