Evening star., 1902-02-11
CITY AND THE NATION
Relations of Federal Govern
!. .ment to National Capital.
THE COMPACT OF 1878
CONGRESS DROVE A SHREWD
BARGAIN WITH THE DISTRICT.
Obligations of the United States to
Washington Recognized in Nu-
merous Old Laws.

Washington Recognized in Nu-
merous Old Laws.
To the Editor Of The Evening Star:
Commissioner Macfarland is always SO
apt and happy in his public addresses that
one regrets to detect a false note in any
thing that he says, but In view of the pres
ent critical situation Of this community In
relation to the questions OF appropriations
and taxation. am constrained to protest
against his subscription to the utterly mis-
taken notion Of 1.-The compact of 1873 be-
tween Congress and the District of Colum-
bia," as expressed by him at the recent
banquet Of the Business Mems Association.
Ny reasons for thus protesting have twice
recently stated on public occasions, and, in
view of the importance Of the matter, ask
Of you the necessary space to restate those
reasons to your readers.
AS is we'll known, the District of Colum-
bia was created by the founders of our
national system for the express purpose
of providing a home for the national gov
ernment which should be under the eXclu-
sve control of that government, free from
any state relations whatsoever. The rea-
son for this was that while the seat of gov
ernment was at Philadelphia the admins
tratlOn of the national affairs was serious
ly hampered and interfered with by certain
feelings which manifested themselves in
disturbances of grave nature. and 1t was
wisely thought that the federal capital
should be taken out of state limits and To-
Gated upon territory of it's own After the
heated and really dangerous situation pro-
duced by the dispute over the presidential
succession in 1867, the late Senator In
gals, In his felicitous way, made thanks
giving to those who conceived this idea,
pointing out that had the question to
be settled in place within the limits
OF state. and subject to the influences in
cident to such situation. bloodshed. in
stead of the electoral commission, would
probably have been the outcome of the dis
pute.
The National Workshop.
The territory thus set aside by the franz
ers of the Constitution was intended to be,
became. and Is nothing more nor less than
national reserve for the governmental
workshop Of the nation. as Mr.. Ingalls, hap
PLY characterized 1t. The founders of our
system distinctively made the place such,
and such it must of necessity continue to
be. The all-important fact that the Dis
trict Of Columbia is thus the nations
workshop accounts for it's political history
the tracing of which is Of extreme interest
and Importance in connection with the
question of the proper relations of the Dis
trict and the United States. In the begin
ming, the present District of Columbia was
governed as far as 1t was governed at ALL
under the levy court system of Maryland.
p, 1901, Congress assumed jurisdiction over
the District, except that by acts of July 16
1880 and April q, 1900, a board of three
Commissioners was provided, which board
was charged with the duty of surveying
defining and limiting the District providing
suitable government buildings, and, in ef-
feet managing the affairs of the city in
general. BY act of May 1, 1902, this board
was abolished, and the affairs Of the city
which had Heretofore been under its care
ana superintendence were put under the
direction of a superin tendent appointed by
and under the control of the President BY
act of April %, 1906, this superintendent
was succeeded by an officer known as the
commissioner Of public buildings, whose
office was in turn abolished by act of
March 2, 1867, and it's powers and duties
deYolyed upon the chief of engineers Of the
army. .. ,.E
In the meanwhile by act Of May 3. 1902,
Congress Incorporated the inhabitants Of
the city Of Washington, providing for its
division into wards, as already established
by the levy court, with power to increase
the number of wards in the wisdom of the
council. BY this initial act of incorporation
council OF twelve members was provided
to be elected annually, and when elected
the twelve chose from their number five,
who constituted the second chamber and
the remainder constituted the first. The
important point to be noticed in connection
with this act Is that the mayor was pro-
vlded to be appointed annually by the Pres
ldent, and the bylaws. or ordinances were
expressly declared not to be obligatory
upon non-residents, unless in cases of in
tent1onal violation. This act was tempo
rary. but was continued in force by the act
or February "a, 1904, for fifteen years from
the end OF the ensuing session of Congress,
the only important change in connection
with the questions under consideration be-
ing that the constitution of the councils
was changed. so that each consisted of nine
members chosen by distinct ballots of the
citizens.
Changes in the Charter.
BY act Of May 4. 1912, the charter Of the
city was radically changed in that the two
councils were dstinctively constituted as
board of aldermen and board of COM
mon council. but still the right to elect
the mayor was denied to the Inhabitants,
his election being devolvel upon the two
chambers In joint meeting. BY subsequent
acts this act was amended and continued
In force until March 3. 1921, unless sooner
repealed.
While the affairs of the city were in this
condition. President Monroe, in his second
annual message to Congress In 1918, made
the following memorable recommendation.
The situation Of this District, it Is
thought, requires the attention of Congress.
by the Constitution, the power of legisla-
tion Is exclusively vested in the Congress
Of the United States. In the exercise of
this power, In which the people have no
participation. Congress legislate in all cases
u
trict. AS this is a departure for a spe-
cial purpose from the general principles OF
our system, 1t may merit consideration
whether an arrangement better adapted to
the principles OF our government and to the
particular interests Of the people may not
be devised which will neither infringe the
Constitution nor affect the object which
the provision in question was intended
to secure"
And also at it's 1920 term, the Supreme
Court of the United States decided the we'll
known case Of Loughborough VS.. Blake,
holding that Notwithstanding their want of
representation In Congress the inhabitants
Of the city were liable to taxation: de-
claring in effect that that part Of the ma
tional society resident In the District Of Co.
lumbia had voluntarily relinquish the
right OF representation and had ad opted
the whole body Of Congress for Its legiti-
mate government: and saying that ''Al-
though in theory 1t might be more con-
genial to the spirit OF our Institutions to
admit a representative from the District.
1t may be doubted whether. in fact, its
interests would be rendered thereby the
more secure"
At this point in time Congress again took
UP the subject of the government Of the
city. doubtless under the stimulus of Presi-
dent Monroe's suggestion, and in the light
Of tho oO{f fn,,o fGAl l,k