Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-11
AMER|CAN|z|NG
WASHINGTON
District Needs, However, No
Unlimited Municipal Suffrage.
EXCLUSIVE LEGISLATION
Congress Should Continue Local Law
Making.
POSSIBLE PLANS OUTLINED
People Should Have Right to Vote
for Representatives, Senators
and President
OSSIBLE PLANS OUTLINED


power and the control of its residents a
portion OF territory to serve as the seat
of government under the exclusive juris-
diction of the people of the whole Union,
as represented by Congress, seems to
have obtained d strong hold upon the
minds of the founders of the republic
Many desired to strengthen the notion Of
Union by giving the general government
an exclusive territory center of federal
action. controlled by it alone State jeal-
ousies had some influence In the matter
The jurisdiction of any one state over
the seat of government would, it was
thought, give that state to some extent.
control over the general government it
self. Exclusive Jurisdiction and the pow
er to call out the militia would also, it
was considered enable Congress to pro-
tect itself in case of riot or other dis
turbance- The fact, now worn thread
bare by constant allusion. was remember
ed. that Congress, while meeting at Phil
adelphia. October q. 1888. had been in
suited and forced to adjourn 7" Prince
ton The opposition to the plan OF CIV
ing Congress exclusive jurisdiction over
the seat of government seems to have
been feeble. No debate upon the clause
is reported to have taken place in the
constitutional convention. Objection was
made in the Virginia ratifying convention
that the District might become an asylum
for political criminals or violators of
states rights. But the clause was adopt
ed without much opposition. By it's terms
Congress was given the power OF exclu-
Slve legislation in all cases what Soever
over this national territory. The legisla-
ture of the Union has an authority over
the District incompatible with the exer-
else of the full elective franchise by it's
citizens. Without an amendment to the
Constitution Washington can never vote
for President or senator or representative.
If there is a political grievance, the Con-
iS. 1c-iI ott
plant against Congress is not that it has
deprived residents of the right to vote, but
that it has failed to take this disability
sufficiently into consideration in its treat
ment of the city. If the United States
had attempted 10 assume no particular con-
troll over the capital, and the seat Of gov
eminent as a city of Maryland had legis-
lated for itself. and had improved and
developed itself only in proportion to the
means OF its citizens, then the indiffer-
ence Of Congress and the frantic efforts
of legislators to avoid few hours con-
sideration of its affairs might have some
ground of justification. But Washington
protests against the application of a the
Dry and practice which. in combination,
have denied 1t the privileges while bur-
dening 1t largely with the responsibilities
of independence.
In the performance Of its duties as
guardian of the capitals welfare. four
courses are open to Congress. First. 1t
may leave the relations between the Dis
trict and the general government I'M
changed. but give more time and constd-
Grafton to the capital and its affairs. re-
modelling its laws in accordance with the
wishes Of its citizens and providing lib
orally for the Improvement Of its appear
ance. for its general development and for
its relief from the heavy debt inequi-
tably imposed upon it. Congressman
should look upon themselves as the rep
reseptatives of a national district as well
as of their own local districts. 1t should
be remembered that the so-called congress
sional appropriations for the capitals or
binary expenses are not gifts or beggar's
aims. but merely disbursement Of the
District revenues. one-half coming from
individual taxpaying citizens. the remain
der from the United States as the untaXed
holder of one-half of all Washington prop
erty. and much should be done by the
government beyond the contribution Of
this quota. If the capital Is to be de-
prired of privileges which would belong
to it as the city of its citizens. 1t should
be made worthy of admiration as the
city of the United States. representing
in miniature its growth in population.
wealth and power.
Unlimited Municipal Franchise.
Secondly. Congress may give to the Dis
trict local sovereignty and the elective
franchise to the limited extent which
the Constitution will permit. 1t has been
urged by many that Congress has the
ability to delegate its power OF general
legislation; that the exercise Of exclu-
sive authority does not forbid a choice
of agencies; that the government provided
for the District should be assimilated to
the theory of republican institutions, and
tnat the natural right of men - govern
themselves should be recognized as far
as that is possible. And to show that il
was never intended by the trainers of the
Constitution to deprive any portion Of
the people of the United States of local
representative government the words ~
Madison in the forty-third number OF tha
Federalist are quoted The other side OF
the question has been argued with equal
ability, and the Supreme Court OF the
District of Columbia have adopted il In
Roach ct al agt. Van Riswick CWashing
ton Law Reporter, November 10. 1870. II
was decided that Congress has no cana ri
~ under the Constitution to delegate its
deleeated powers by bestowing general
legislative authority upon the local gov
eminent OF the District and an acr Of
the so-called legislative assembly Of the
District. upon which the suit was brought
was declared imperative and void For
the present. then. In the absence Of an
everything decision by the Supreme Court
OF the United States, such a delegation Of
power Is unconstitutional. and only the
unsatisfactory privileges Of a municipal
corporation can be conferred. But ex-
perlence has taught that IL the decision
IN Roach against Van Riswick were re-
Nersed. and If the most extensive powers
OF voting We're bestowed which any rea-
Sonaole construction OF the Constitution
can grant, the gift would be not merely
ValueleSS, but Objectionable The Judi
ciary committee Of the House of Repre-
sentatives. in report made June l, 1874.
stated the following truths: I'm a strict
legal sense there be said to ba no
such thing a local government of the
District of Columbia for there can be no
government within the District independ-
ent of that Of the federal government,
and whatever local authority there may
be now existing. or which may hereafter
be set up within the District IL can only
be regarded legally an agency OF the
federal government and whatever author
ity this local government may exercise. II
must be regarded as the act Of the United
States through their delegated representa-
tive" The District legislature would in
any event act under the restrictions sug-
gested by these words. It's general laws
would be mere petitions void without the
assent. express or implied. of Congress.
A delegate without a vote has little
weight In a ''log-rolling'' body like the
House of Representatives. The other off,
GERS would be petty town off1cals, and a
voice would still be denied the city in the
choice Of the executive and legislative on
GERS of the nation. In short the exercise
OF suffrage thus limited would be an ex-
pensive farce Without representa- ton
suffrage is OF no value. and. shut out from
the bodies which make It's laws and i'm
pose taxes upon It, representation OF the
District under the Constitution in its pres
ent shape can be only a sham.
1t is extremely doubtful whether popu-