Evening star., 1909-02-07
Present System of Local Gov
ernment Best.
JUDGE JENKINS ARGUMENT 7
People Have as Much Voice in A.
fairs as in the States.
CONGRESS MUST RULE CITY
Fathers of Constitution Never In
tended Seat of Government to
Be Political Habitation.

Judge John J. Jenkins of Wisconsin.
chairman Of the House of Representatives
Dommittee on the judiciary, is the author
pf an article in the February issue of the
National Magazine which bears interest
)ngly upon the question of District suf-
Trage. which has lately been under dis
cussion in Washington.
Judge Jenkins is excellen,ly well quail
flied to discuss proposition of this sort.
In addition to his legal training and his
bervice as member and chairman of the
committee on the judiciary, one of the
most important bodies of the House of
Representatives, he was IN the Fifty
NTH and Fifty-sixth Congresses chair
man Of the judiciary subcommittee of the
House committee on the District Of CO.
i1npba
While occupying this position he be-
rame greatly interested in the constitu
Iional status of the District of Columbia
with respect to suffrage. representation
and the like. and then formed the opn-
ion. which he holds stronger than ever
TODAY, that it never intended to make
Washington a political city in any sense
of the word. He is convinced that the
future of Washington demands that it
be preserved as non-political entity,
and. in view of this his discussion of the
subject in the article in question is ex
ceedingly interesting.
Judge Jenkins Argument.
Judge Jenkins article is in part, as fol-
lows:
In the Fifty-fifth Congress was made
a member of the committee on the Dis
trict of Columbia and Immediately gave
this subject careful. personal considera-
tion and soon reached the conclusion,
perfectly satisfactory to myself. that the
present system of local government was
not only the best under the circumstances,
but il is the only thing possible.
Can the people have full autonomy
under the Constitution? Several plans
have been suggested. but it will be a mere
matter of experiment and degree to
change from three men to one. In the
first place. no one man can do the work,
even if he discharges nothing but eXecu-
tive duties. Having been intimately con-
nected with the District government for
many years, l can say for the Commits
sioners OF the District that they have
been men of high character and fitness
for their respective positions, and l am
prepared to say that the people cannot
have any better government than at
present. A safe. proper and economical
administration of public affairs is i'm
portant Practically. the people have
much voice in political affairs else
where in the states. The only reason
given for a change of government is that
the people do not elect those that govern
them. A large number of the people of
the District do vote for President. Vice
President and members of Congress, and
for members of the legislatures that elect
the United States senators. and all MEM
hers of Congress are elected by the peo-
pie of the United States The fact that
the people of the District of Columbia
are denied the right to vote is not mat
ter of choice, but of necessity. The mat
ter of local self-government for the Dis
trict of Columbia is not new question.
II is as old as the District itself and has
kept even pace with tariff agitation.
The people of today. who enter into the
discussion Of this subject. simply repeat
what was said over one hundred years
ago. Nothing new is stated. Unques-
1ionably the agitation will be continued
but without considerable constitutional
changes, nothing radical or effective can
he accomplished.
Constitutional Difficulties.
There are two constitutional difficulties
in the way-one the exclusive power of
Congress to leGislate in the District OF
Columbia. and the other the inability of
Congress to delegate it's legislative power.
The people of the United States vested
i'll Congress all legislative power granted
ny the Constitution.
'Al legislative power must be exercised
%! the Congress. consisting of a Senate
and House of Representatives Article
i. section ]. Therefore TO exercise leSs-
member of the House of Representa-
iives.
Members of the House of Representa-
lives must be chosen by the people of The
several states. Article l. section ,.
And must. when elected, be nhab-
liant OF the state il which he shall he
chusen. Article l. section =.
Senators must be chosen from each
s;ate by the legislature thereof, and must
hc All ini,abitant of tli@ state from winch
Choscli.-Articie 1, section =.
The Congress shah have power 10 ey-
,rcise exclusive legislation In all cases
Whatsoever over such district tnct exceed
1"g ter miles square) may, pv Cc.sicn
of particular states and the acceptance
%. Congress. become the seat OF tire gov
ofnnlen; of the United States. Article J.
section s. subdivision Il.
New states may be admitted by the
Congress into this Union. hut no nny:
state snail be formed or erected within
HE jurisdiction OF any uiHcr state Or any
state be formed by the junction Of two or
more states parts Of states without the
consent of the legislatures ri the states
concerned well rs OF the Congress :
Article ", section -,
From the foregoing constitutional refer
eHce ii Is plain that no person can have a
vote in the Senate or House Of Repre-
sentat:ves without being elected from :.
state In other words. the state must be
created before the election Of d senator or
member. Assuming So far the Congress
can declare without an amendment to the
ms. tuli'ii 'Hat 'ut t'i Iilofy at present
comprising the District of Columbia shall
he state. and admitted into the Union
as such, Congress would still have The
power to lcgislate exclusively in the
state. therefore state in name onl,
without autonomy.
The Act of Cession.
The act of cession may make some
trouble. The Constitution quoted does
not say to whom cession shall be mad.
The cession was in the nature of a con-
tract between the state of MARYLAND the
Congress and government of the l-nitad
States.
The general assembly Of MARYLAND ra
linquished and ceded to the Congress and
IL