Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-24
Federal or Municipalp

II il high time for the legal talent Of the
United States government, when issues as
to the status of the District Of Columbia
arise to get together and agree upon a
policy In the absence Of a definite and
precise statement by Congress Of just what
this national capital is in point Of law and
fact 1t Is possible for courts and controllers
and departmental law officers Of the gov
eminent to quarrel and in consequence 10
leave the District in an anomalous posi-
ton.
Today the case stands thus The con-
troller of the treasury holds that the Dis
trict government is so intimate a part OF
the general government that 1t can not rent
buildings for smallpox detention camp,
while the attorney for the Post Office Te-
partment rules that the District Is a mu-
nicipality and as such is not entitled to The
free use of the mails as part OF the gen
eral government system.
The District either is or 1t Is not a
municipality. 1t certainly performs the
functions of such an organization. But at
the same time it is not autonomous 1t
looks for it's vitalizing powers to branch
of the government of the United States.
1t is maintained by means of contributions
from the federal treasury. But those con-
tributions are sometimes considered as a
share of the expense of maintaining great
federal capital and sometimes as in lieu OF
municipal taxes. 1t is a municipality In the
sense that 1t administers the domestic at
fairs of a community of citizens. But 1t
lacks the essentials of a municipality in
that the administrators in charge OF this
process are chosen by the chief officer of
the federal government and not by the cit
liens.
Congress has at times been pleased to
juggle with the Districts status. 1t has
forced upon the national capital laws which
smack of both conceptions. 1t has required
it to pay half of large sums for the aid OF
certain steam railroad Improvements, on
the ground that 1t is customary item OF
municipal expense. When the record of
several other cities where such expenses
are borne wholly by the corporations is dis
played Congress has replied that as part OF
the general government system the District
should pay its share Of a great national
Improvement
The District was regarded by Congress as
a municipality when it was proposed to ex-
tend certain of the streets Of the city into
the area beyond the fictitious urban bound
airy at the joint expense of the national
capital partners and that body refused to
accede to the arrangement. 1t then turned
the tables and regardless of the wishes
of the municipality wrote laws requiring
the District, at it's own expense. to adopt
piecemeal a system of street extensions for
the DEVELOPMENT of the District as federal
city
The instances in which the unhappy Dis
trict has been used as a beanbag between
these extremes of legal definition might be
multiplied indefinitely. Its entire record is
one succession of contradictions in this re-
gard 1t has seldom If ever before hap
pened. however, that absolutely conflicting
opinions have been rendered virtually at
the same time. Municipal In respect to all
obligations, responsibilities and burdens
and federal in the restriction of all privi-
leges. rights and advantages, the District
may well claim attention as the what-is-it
of this great American political system.
The detail of whether or not the Com
missioners can use the penalty envelope
is of trifiing consequence in comparison
with the embarrassment which this decision
causes in respect to the precise status of
the capital And yet the conflict of opinions
perhaps comes OPPORTUNITY. 1t will now be
possible for the Commissioners, whatever
they may attempt meanwhile in the hope
of Strengthening out the Snarl to lay their
dilemma before Congress next winter in
such terms as inevitably to lead to a defini-
ton which will withstand the vagaries of
departmental lawyers and all other deci-
sion-rendering authorities.