Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-18

IldIllIS dytOTs |
Unconstitutional was the act of July Q,
1916, under which the county of Alex
andria. then in the District Of Column
says an opinion filed in the Senate yes
terday afternoon.
The opinion was prepared by Hannis
Taylor. former minister to Spain, and one
of the foremost constitutional lawyers in
the country. 1t was filed in the Senate
to be printed in the Congressional Record
and as public document by request of
Senator Carter.
Twice Violates Constitution.
The lawyer holds that the act Of ret
recession is in violation Of section s. ar
ticle I of the Constitution. because:
After the power to select the seat of
government had once been exercised by
Congress. after the cessions had been
made for that purpose by the particular
states, after the area so ceded had been
accepted by Congress, the power over
the subject matter was exhausted"
LIZ hOid0p oioOS IioI ~ "dS al VlOldllOU
of section 10. article 1, of the Constitu-
ton. because the acts ceding the terri
tory for the National Capital constituted
a contract. and the section provides that
no state shall pass any bill Of attainder,
ex post facto law or law impairing the
obligation OF contracts
In conclusion, he holds that the United
States Supreme Court has Jurisdiction
over the question, and that, preceding &C
ton, there should be friendly consulta-
ton between the executive and legisla-
tive branches of the government, be-
cause. In the event Of recovery in the
Supreme Court, Congress would no doubt
be called upon to pass such a bill of in
demnity as would relieve Virginia of any
accountability for revenues derived from
the area in question during her de facto
occupation"
Comment Of Senator Carter.
Presenting the opinion Of the lawyer,
Senator Carter said:
THE subject is of absorbing interest
to the people of the District, and will
surely challenge the attention of the
country with constantly increasing force
as the growth Of the federal city and the
expanding needs Of the government
demonstrate more fully the wisdom Of
President Washington and his co-laborers
in fixing the District lines as originally
marked
ITO the United States government the
subject is of grave concern, for it in
wolves in a technical sense title to the
ground upon which this Capitol, the
White House and many other important
public buildings stand. If the recession
to Virginia stands in law 1t would seem
accjh hat no
tains jurisdiction over the portion of inc
District north of the Potomac in deroga-
ton Of the rights and at the sufferance
Of the state Of Maryland.
when artistic taste and Solicitude for
sanitary conditions combined to inspire
the movement to reclaim the Potomac
flats, the progress Of the work soon re-
vealed the fact that proper treatment
would always be limited and unsatis-
factory while confined to the northern
|.bank alone. A fever-breeding marsh
within 1000 or 5000 feet of the White
House cannot be regarded with indif-
ference, nor can any one fall to observe
that the improvement on the north sets
forth the unsightliness Of the south bank
of the river in bold relief. In short,
each year more amply jusufles the
wisdom of Washington and his commits
sion in embl acing both sides of the river
within the limits of the federal District.
Washington's Plans Set Aside.
1.-THE Capitol. the White House and all
the public buildings were located near the
center In the beginning. but the act of
recession moved the southern line of the
District to within a short distance of the
White House grounds. This was not in
tended by Washington. under whose mas
terful direction the constitutional design
regarding a seat for the federal govern
ment was executed.
THE act receding substantially two
fifths Of the District to Virginia so
obviously defeats the intention of the
trainers of the Constitution in this be-
half and so ruthlessly dsregards the
rights of other parties that l have for
years regarded it as null and void on
general principles; but notwithstanding
the interesting and important nature Of
the question / have not found time to
investigate the law and the historical
facts bearing upon cit. Last year. how
ever. l had the good fortune to mention
the matter to .Hannis Taylor. known to
the bar of the country as one of our
leading constitutional lawyers, and that
gentleman volunteered to examine the
question and to write me his views upon
it,
"Mr. Taylors letters sets forth the
constitutional provision in question and
all legislation. state and national, in re-
lation to the subject. together with a