The Washington times., 1902-03-22
Address on District Gov
ernrnent at Column
bian University.
WASHINGTON WELL GOVERNED
Members of Class of Comparative Juris-
prudence and Diplomacy, Columbian
University, Hear Interesting and In
structive Dissertation.

Mr. Macfarland said:
THE Supreme Court OF the United
States on April %, 1890 unanimously
through Justice Brewer tEcklof vs.. Dis
trict of Columbia), thus described the act
of Congress of June II, 1878 providing
the government of the District of Column
bia:
e II is declared by its title TO be an act
10 provide "a permanent form of govern
ment for the District The word ''perma-
nent' is suggestive II implies that prior
systems had been temporary and provis-
ional. AS permanent il is complete in
itself. 1t is the system of government.
The powers which are conferred are or
ganic powers. We look to the act itself
for their extent and limitations Ii is
not one act in a series of legislation and
10 be made to fit into the provisions of
the prior legislation. but is a single COM
plete act the outcome of previous expert
ments and the final judgment of Con-
gress as to the system of government
which should obtain. 1t is the constitu-
tion of the District, and its grants of
power are to be taken new and inde-
pendent grants and expressing in them
selves both their extent and limitations
This act. embodying the compact of
1875 between the Congress and the citi-
zens of the District Of Columbia is to be
taken with the provision of the Constiiu-
tion giving the Congress power to ex-
ercise exclusive legislation in all cases
Whatsoever over the Federal District and
the acts beginning in 1901 for the crea-
tion of Judiciary. Together they pro-
vide government, divided, according to
our custom, into legislative, executive.
and judicial departments. Congress has,
OF course, no executive or judicial func-
tions in he District of Columbia II has
constituted here under its power to leg
islate, an executive government and ju
dietary, just as ii has created similar de-
partments of government in the Terri
tories.
The action of Congress in this regard
is somewhat analogous to that under
which it has created executive depart
ments of the Natioral Government and
the national judiciary.
A Municipal Corporation.
The Supreme Court has decided
(Barnes case, 81 q. s., 54O) that the Dis
trict of Columbia is a municipal corpora
tion proper, as distinguished from a cor
poration established as an agency CT the
Government creating it. This and SINH
lar decisions were quoted by Attorney
General Griggs on April IS. 1898, in an
opinion to the President, holding that the
erning and executive body and the other
officers and employees. are not officers and
employees of the General Government OF
the United States. but of the District of
Columbia. and therefore the President
cannot extend the provisions of the civil |
service act to the District offices.
Prior to 1871 there was no executive |
government of the District of Columbia. !
There were separate executive govern
g.
Georgetown land until the retrocession
of 1915. AleXandria), and for the outlying
regions of the District. Those separate
governments were all abolished by the |
act of February 81. 1871 establishing the |
first government OF the District OF Co |
lcmbia. The present government is its !
successor. and the mmissioners are the |
successors, not of the mayors of Wash |
ington, Georgetown, and Alexandria, but |
of the governors OF the District OF Co. |
lumbia. The city of Washington has had |
no government of its own for over thirty |
years"
History of the District.
Mr. Macfarland reviewed the history of /
the District, recalling the reasons for es-
tablisn.1s Federal district, the acquisi- |
tion by the National Government of SOW |
ereignty from Maryland and Virginia, and |
of over cne-half the land from the origi- |
nal proprietors, which. with the money |
grants of Maryland and Virginia, pro-
yided means for constructing the first |
national buildings.
He said the people of the cities of |
Georgetown and Alexandria, long antedat- |
ing the District of Columbia, and the city /
of Washington. with the Inhabitants of
the rest Of the District were given full
recognition as the citizenship OF the Dis
trict, and had their own governments. The
National Government, however he stated,
depended on the municipal services pro
vided by the citizens Of the District, and |
their street and other improvements
which oyertaxed their resources, conin-
ing its own expenditures for the most part !
to the national buildings and their sur
except in the case Of the aque-
duct until 1878.
Then" said Mr. Macfarland, 'the civil
war having sanctified the National Capt.
tai by the blood and treasure spent for it.
80 that the long agitation for its removal
West ceased, the National Government |
for the first time, assumed its general OBJ
legations as the owner of more than half
the real estate in the National Capital
and in providing the first permanent gem
eral government for the District of CO.
expenses"
The citizens of the District he said. had
never been required to contribute directly
10 the expenditures of the National Gov
In the District although the
original proprietors had Indirectly done
80, and it was not of course. the intent
,f Congress that the act of 1878 should
make any change In that respect II was
lot to place new obligation upon the
.itizcns but to provide for an old obli.a- |
ion of the National Government. there
ofore neglected Congress and the citizens |
hen, as always, recognized the obvious
Inference between National Government.
and improvements. 10 which the
district taxpayers should contribute only
Ike the taxpayers Of the States, and
trictly District objects of expenditures.
o which District citizens should con-
ribute ono-half, in addition TO what they
ontribute through the tariff and internal
evenue, In common with others.
Plan Good One.
THAT the compact of 1875 has worked
Fell," said Mr.. Macfarland. "is easily
hown by comparison with District con-
tions before IL was enacted, and that
he form OF government which was pro-
ided has worked well is easily shown by
omparison with municipal conditions
lsewhere. The development and pros
Gritty OF the District since 1873 has been
reater than In all the seventy eight years
receding 1t. and the recognition by the
cuntry that the District has had since
s!s an absolutely honest and exception
Iiy efficient municipal government tieav- |