Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-29
The Districts Constitution

paragraph from the Buffalo News relative
to the organic act of 1878, cited an extract
from decision by the United states ST.
preme Court which characterized that
statute as veritable constitution for the
District of Columbia. The News returns TO
the charge In an editorial which ignores
completely the Supreme Courts view OF the
matter and proceeds thus to lay down the
law on the subject of organic acts and con-
situations and pledges and amendments:
There are some things no Congress can
do. One of them Is to give Washington
pledge of permanence respecting any law
passed relating to It, Another is to give y
a constitution or anything resembling sucn
an instrument No Congress can bind an
other Congress with regard to the govern
ment of the District of Columbia. A stat-
ute to that end must be invalid In both law
and morals. Congress has the light OF ex-
elusive legislation over the District because
that power is conferred in the Constitution
itself.
mo Congress can assume legally or other
wise to bind all subsequent Congresses 70
legislation respecting the federal DISTRICT
IT is. as Idle to claim constitution Tor
Washington under a statute OF Congress,
and to maintain that 1t is Interchangeable
without the consent of the citizens of the
city as for Buffalo to claim that its charter
from the state Is in effect a constitution
not subject to change save by itself. Con-
stitutions are made BY sovereignties and by
no lesser authorities. There is no getting
past that elementary truth"
Lest the News did not fully appreciate the
significance OF the courts declaration, The
Star ventures to reprint it, to show that
the statute Of 1878 has been formally inter-
preted by the highest judicial authority as
permanent form of government for the
District" ,rt-
1.-THE court below placed its decision on
what We conceive to be the true significance
Of the act of 1878. AS said by that court 1t
Is to be regarded as an organic act. In.
tended to dispose of the whole question OF
government for this District. 1t Is. as 1t
were, a constitution for the District. 1t Is
declared by it's title to be an act to provide
a permanent form of government for the
District" The word permanent Is sugges-
tive. 1t Implies that prior systems had been
temporary and provisional As permanent
1t is complete in Itself. 1t lis the system OIL
government. The powers which are con-
ferred are organic powers. We look to tho
act itself for their extent and limitation.
It is not one act in series OF legislation.
and to be made to At into the provisions OF
the prior legislation, but Is single com"
plete act the outcome Of previous expert
ments, and the final judgment OF Congress
as to the system of government which
should obtain. 1t is the constitution or the
District, and its grants OF power are 10 DC
taken as new and Independent grants, and
expressing in themselves both their extent
and limitations. Such was the view taken
by the court below; and such we believe
Is the true view to be taken OF the statute
There has been claim that the act OF
1878 cannot be amended by Congress in the
same manner In which it was enacted as
substitute for all previous attempts at ex-
e-cising the exclusive jurisdiction" grant
ed by the federal Constitution. The Star
has always assented that the organic act is
subject to amendment. 1t so stated recent
". But whenever the issue has been raised
1t has invariably entered its protest In the
name of this community. against the
amendment of the act by indirection, under
cover, and without sufficient notice and
discussion. Such Objectionable partial null
lification of the organic act is caused, when,
instead of directly amending this law by
changing its terms 1t Is permitted to remain
intact on the statute books, but It's oper-
alton is suspended by the enactment OF
some provision in a specific case which Is
in fiat contradiction or disregard OF its pro-
visions.
The contention of the citizens of Wash
ington and their friends In Congress Is that
while the organic act Is pledge which is
subject to withdrawal. 1t Is at the same
without the giving of an equivalent 1t Is
not a gratuity, but the fulfllment OF duty.
1t is not a bounty. but an act Of partner
ship. by which both parties benefit. The
90 per centum of expenses paid by the
federal government Is contribution to the
maintenance of a federal city of a character
IN keeping with the dignity Of the United
States That money is In lieu Of the taxes
which the United States does not pay upon
It's large proI erty holdings In the District,
amounting to over one-half OF the total.
II Buffalonians think the Washingtonians
have a soft thing" as the News suggests,
they might with enlightenment read some
Of the debates printed in the Congressional
Record. and then the rejoinders of the cfti-
gems, who are denied the privilege of print
in that periodical They would perhaps sec
that for every dollar of federal money the
District taxpayer. without voice In the
direction of It's expenditure. contributes q
dollar which bears as heavily upon his
means in proportion does the dollar paid
by the taxpayer of Buffalo. Capital citi-
zenship Il no snap"
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