Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-26

"
District is municipal corporation Several
months ago the controller of the treasury,
in an opinion, held that the District is
part of the federal government. and a short
time after that opinion was promulgated
the assistant attorney general for the Post
Office Department held, with respect to the
Commissioners using the postal frank. that
the District is not a part of the federal gov
eminent.
Supreme Court May Determine.
In an interview with Commissioner Henry
B. F. mcfarland today. a reporter for The
Star asked him: What is the District of
Columbian
1.-THE Supreme Court of the United States
must be the final authority on this question,
/ suppose" said Mr.. Macfarland, in reply,
land it has declared repeatedly and un-
varyingly that the District Of Columbia is
"a municipal corporation making its de-
cision turn upon the provision in the or
ganic act of June H. 1873, establishing
permanent form of government for the Dis
trict that the District Of Columbia shall
remain and continue municipal corpora
tion as provided in section of the Revised
Statutes relating to the District
THE law quoted is the act of February
81, 1871. which begins follows: That all
that part of the territory of the United
States included within the limits of the Dis
trict of Columbia be. and the same is here
by. created into government by the name
of the District of Columbia, by which name
1t is hereby constituted body corporate
for municipal purposes. and may contract
and be contracted with sue and be sued,
plead and be impleaded. have seal and
exercise all other powers OF municipal cor
rations not inconsistent with the Consti-
tuition and laws of the United States and
the provisions of this act
Held to Be Municipal Corporation.
1.-TWO of the leading cases in which the
Supreme Court of the United States holds
xIosx@
and not a department of the government of
the United States. or a state or a territory,
are Metropolitan Railroad Company against
District of Columbia. 132 U. s. reports. and
District of Columbia against Woodbury., 136
Z. s. reports.
THE United States Supreme Court has
held that the District OF Columbia is a
separate political community in a certain
sense and in that sense may be called a
state but it has uniformly held that tho
District of Columbia was not a state within
the terms of the Constitution. Chief JUS
tice Marshall, in giving the opinion of the
court In the case OF Hepburn and Dundas
VS.. Ellzey, reported in Cranch. conceded
that the District of Columbia was distinct
political society, and therefore a state &C
cCrding to the definitions of writers on gen.
eral law. but held that the act of Congress
providing for controversies between citizens
of states in the circuit courts, referred to
that term as used in the Constitution, and
therefore to one of the states composing
the United States.
The Supreme Court has held however
land these are the decisions to which
referred in the correspondence In support
of the request that with respect to the Cecil
Rhodes scholarships, the District of Column
bia although not mentioned in the Rhodes
will should be treated by analogy as a
state or territory, that, in constituting GER
tain treaties with foreign powers the Dis
trict of Columbia and the territories should
be included as states of the Union.
"And the District Of Columbia"
I'm the case of De Geofroy agt Riggs,
1872 U. S. Reports, the Supreme Court held
(note of the syllabus): BY the words
states of the Union" in the treaty be-
tween the United States and France, con-
cluded February 3, 1853 is meant all po-
litical communities exercising legislative
powers in the country, not only In the
United States, but also territories and the
District of Columbia. In the recent case
OF Downs agt. Bidwell. 1872 U. 8. Reports,
one of the test cases to recover taxes paid
on importations from Porto Rico under
the Foraker act, the Supreme Court said
that 1t is established that the District of
states within the judicial clause of the
Constitution giving jurisdiction in cases
between citizens of different states. That
the District of Columbia and the terri
tories are states as that word is used in
treaties with foreign powers with respect
IT, the ownership. disposition and Inherit
ance of property"
In response to the question, What Is
the government Of the District of Column
bar as distinguished from the District
of Columbia as corporate body, Mr.
Mcfarland said:
The Constitution provides that Congress
shall have power to exercise exclusive leg
lsiation, In all cases whatsoever over such
district mot exceeding ten miles square) as
may, by cessfon Of particular states, and
the acceptance of Congress- become the
seat OF the government of the United
States. Congress obviously cannot direct
ly perform executive functions In the gov
eminent of the District Of Columbia, 1t
must have an agency for that purpose 1t
has provided different agencies at different
| times.
Latest Form Of Government.
1.-THE latest and permanent form of gov
eminent is that Of the Commissioners OF the
| District of Columbia who administer the
| affairs of the municipal corporation Gre
| ated by Congress under the name of the
District Of Columbia. They are not the
| Supreme Court says, officers of the United
| States, but officers of the District of Column
| bia. The only reference in the Constitu-
| ton to the District is that which / have
| quoted, so that 1t will be seen that no
| power for the government of the District
! OF Columbia is given to the national execu-
| uye government by the Constitution. Con-
| gress, however, has, from time to time i'm
| posed specific duties upon particular Off
! GERS of the national government with re-
| spect to District affairs