The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-01-18


underlying the Capitol, the White
either to Maryland or the local pre-
The nation can only be protected az
the Supreme Court Of the United Sta
Of 1916 to be null and void
Complete Answer Found. E
What is the remedy?
The complete answer" he says, SIS to |
be found in The opinion OF the Supreme |
Court in the case of The United States vs..
Texas Q43 L. s, 621-649), in which it was
held that the Supreme Court can, under |
the Constitution. take cognizance Of an /
original suit brought by the United States 1
against a State to determine the bound 1
ary between one Of the Territories and /
such State; that the Supreme Court has /
jurisdiction 10 determine a disputed ques- /
tion Of boundary between the United |
States and a State; that a suit in equity /
begun in the Supreme Court is appropri- |
ate for determining a boundary between /
the United States and one Of the States.
He quotes from the opinion rendered /
in this case, and says that it solves /
every problem that can possibly arise in /
an original suit between the United States
and Virginia as TO the boundaries Of the
District of Columbia
Act of 1916.
His opinion as to the unconstltutionallty |
Of the retrocession Is based upon the con
tention that the act of 1916 broke a quad
rilateraI contract entered into on the /
one hand by the United States and on the
other by Virginia. Maryland. and the !
nineteen local property-owners in Wash
ington
The United States. through the act Of
Congress Of July 10. 1870. passed under
the constitutional mandate. agreed that
the District so defined, limited, and To-
Gated, shall be deemed the District ac-
cepted by this act, for the permanent
seat Of the government Of the United
States"
Each of the three grantors. in consid-
Grafton of that stipulation, made for the
benefit of each, through which alone the
title 10 the whole could be made perfect.
entered into the quadriIateraI contract in
question.
1t Is elementary in the law OF con-
tracts" he SAYS that when two or more
instruments are recorded at the same time
or at different times which relate to the
same subject matter, and one refers to
the other, either tacitly or expressly.
they will be taken together and construed
as one instrument
MaryIand's Right.
Maryland" he says, has a perfect
right to claim of the United States. by
reason Of the recislon of the original
quadrilateral agreement, the return of
every foot Of land ceded by her and now
embraced within the present limits Of the
District.
THAT right Maryland can enforce in an,
original suit against the United States in
the Supreme Court under the authority
laid down in the case of The United States
vs.. Texas.
THAT great case" ne says, 'refuted
most emphatically the contention made
by Senator Hoar in the Senate on April
II, 1892, that the TetrOCeSsion was a pO-
litical and not a judicial question, and
was settled by the political authorities,
alone competent to decide IT,
THE Supreme Court in the case IN
question decided that 1t cannot with
propriety be said that a question Of !
boundary between Territory of the
United States and one of the States of
the Union is of a political nature and not
susceptible of judicial determination by
a court having jurisdiction Of such a con !
trOversy.' II
Constitutional Mandate
"The constitutional mandate that re-
quires the President to take care that
the laws be faithfully executed compels .
him TO ascertain and determine the limits :
Of territory over which they are to be
And In conclusion he says;
In determining all questions Of boundary. whether
foreign domestic the initiative in this country
is vested in the Executive acting alone While
he may advise with Congress as TO the steps he ,
may take in aSceTtainng boundaries while execllt- |
ING the laws within the same the President cannot
surrender his exclusive power to ascertain what they
are.
As a practical illustration. if in this matter the
President believes that Virginia is in lawful pos
session Cf that portion 0f the District described in
the act OF 1916 II Is his constitutional duty
take that the laws be faithfully executed" =
in that area, regardless Of any contrary opinion /
he legislative department cf the government might
entertain the subject He could hold no other :
view without abdiCating the Independence Of the |
executive power m the execution Of the laws II '
s however. in nv humble Judgment a case in
which there should be friendly consultation between ,
he executive and legislative Departments because
IN the event If a recovery in the supreme Court / {
Congress would no doubt be called upon 10 uass
D. Hf freNsr
f aAy accountability for revenues derived from the
urea in question during her de facto occupation.
Goes In the Record.
Senator Carter. in presenting the elabo- Q
-ate brief written at his request by Mr. :
Taylor. asked and was granted unanimous J
consent to have it printed in the Record,
and also as a Senate document He said
The subject is Of absorbing interest to the people
4 the District and will surely challenge the atten-
ion 4 the country with constantly increasing force
IS the growth Of the Federal city and the eypand-
ng needs Of the government demonstrate more fully
he wisdom Of President Washington and his Co
aborers in fixing the District lines as originally
marked.
To the United States government the subject is Of
Continued on Page 3, Column 4.
Mrs. Elsie SiGeI Dead. Il 2
New York. Jan 1Z-AIrs. Elsie Sigel I
widow of Gen. Franz Sigel died to- !