Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1909-12-09
MAY SUE VIRGINIA.
President Taft Said 10 Be in Favor of Re-
storing Alexandria County to the
District Of Columbia.
Washington Post.

W aSnlnSton foSC-
The belief Is gaining ground that
President Taft is about to direct Attor-
ney General Wickersham to institute a
suit in the United States Supreme Court
against Virginia to bring about a resto-
ration of the old boundary lines of the
District of Columbia.
1t is understood that President Taft
has obtained the written opinions of
some of the ablest constitutional law
years in the country, and that these
opinions are to the effect that the act of
1876, retroceding part of the District to
Virginia, is unconstitutional
The President has been informed, also,
that no Congressional action is neces-
sary in restoring the old District boun-
daries- The question is held by his ad-
visers to be purely judicial one, to be
settled by the Supreme Court in a jud0-
ment in case properly brought before
1t.
The President has been advised that
IN the pursuance of his duty in enforc-
ing the laws of the United States
throughout its territory he is not only
empowered but required to call upon
the courts to ascertain the boundaries
of such territory when they are in dis
pute.
The case of the United States vs..
Texas (162 U. S. has been called to
the attention of the President as prece-
dent and authority for instituting suit
against Virginia for the restoration of
the original boundaries of the District
of Columbia.
This case established the right of the
United States to sue, practically as a
State, for the judicial determination of
boundary disputes. The question in
that case was the location of the boun-
dairy line between Texas and Oklahoma.
then territory of the United States.
Another point which has been urged
as reason for pressing the question of
restoring the old District boundary is
that the compact between Virginia,
Maryland and the United States for the
establishment of the seat of govern
ment was a tripartite contract, not
voidable by any subsequent agreement
between two of the parties 1t is ar
gued that if the United States could re-
turn to Virginia the territory originally
ceded, Maryland may claim the rest of
the territory. This contention, if sound.
would put in question the title of the
United States in the present District of
Columbia, and would even raise the
question of the right of the United
States to occupy the Capitol and White
House grounds. Not only that, but it is
held that the Supreme Court, if it should
acknowledge the force of this argu
ment, would itself be squatter on land
belonging to Maryland
The Presidents advisers point out
the moment Virginia ceded its territory
to the United States to form portion
I of the seat of government the State
had no greater right to the territory
than New York or any other State. The
right of power of Congress to dispose of
any portion of the seat of government
is disputed, on the ground that it is ter
ritory belonging to the nation-to all
the States and the people in common.
The mere fact that Virginia ceded the
territory in question is held to be no
reason why Virginia should have any
more right to it after cession than any
other State
The President has expressed his doubt
of the constitutionaity of the act of
1876, and is disposed to challenge it in
the courts. He has no objection, it is
said, to the passage of a resolution by
Congress repeating the act of 1886, but
he does not believe such action neces
sary, and is inclined to think that aeita
ton of the matter in Congress would
delay, rather than expedite, a settle
ment of the question. Mr.. Taft is said
to be confident that he has the right to
initiate judicial proceedings without re.
ferring the matter to Congress. At
the same time he is understood to be in
receptive attitude, preferring to OBJ
tain first an expression of public opin-
ion on the question before taking &C
ton.
This expression, he thinks, should
come from the country generally, and
not merely from the District of Column
bia and Virginia. Mr.. Taft regards the
question of the boundaries of this Dis
trict national one, in which the resi-
dents of the District are not solely af-
fected. Therefore, discussion of the
question in Congress would be welcomed
by him, it is said, as throwing light on
the attitude of the representatives from
all portions of the United States.