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

While officially Mr. Taylors brief on
the question of the constitutionality of the
retrocession to Virginia of that part of
tho District lying south of the Potomac
river does not advance the inquiry into
the subject. it nevertheless contributes
an interesting and doubtless valuable
analysis Of the question and indicates a
way III which it may he brought definite
iy TO an issue. Mr.. Taylor holds that the
retrocesson was clearly illegal and I'M
constitutional. He goes further and de-
ciares that the Surrendering to Virginia
Of its contribution to the federal district
was a violation Of the agreement to
which originally the United States Vfr-
Ginia and Maryland We're parties and
that. therefore. Maryland is entitled to
sue for return to II of the remaining
portion of the District left after the re-
PROCESSION to Virginia. This is new
aspect Of the question which may cause
some apprehension. probably without
serious warrant. lost the state of Mary
land may successfully move for tho re-
covery Of its grant to the United States
Far moro likely is ii that the United
States will Itself move in the premises
to determine the constitutionality OF .at
retrocession to Virginia, which Mr.. Tay-
Tor points out can be done by tho in
stitution of an original suit in the Su-
preme Court of the United States to de-
termne the legal boundaries between the
District of Columbia and the state Of
Virginia. If the retrocession is held by
the Supreme Court to have been uncon-
stitutional the boundaries will be restored
4 No
crai district. preciptating new questions
Of far reaching Importance and deep COM
plexity.
The District of Columbia as now con-
stituted. does not desire the restoration
of the entire Virginia area. There is
no need of a re-eStabiShmcnt of the old
boundaries. throwing into the local juris-
diction not only Alexandria county. but
the city Of Alexandri itself 1t is. from
some points of view. desirable that the
District should possess control of the
river shore. inclusive Of the approa aches
TO the bridges and of the government
reservations on the Virginia side But
there Is no urgent need of further ex-
tension of the District territory. On its
part Virginia might be willing that
the District should regain possession
OF the sparsely settled, slowly develop
ing county. while il would be unwilling
To surrender to another Jurisdiction a
city of several thousand inhabitants
OF course, If the case is brought before
the Supreme Court on the question of
constitutionality no considerations of ex-
pediency. political or social, will operate
10 affect the decision. If the retrocession
was not warranted by the Constitution
the entire area must be restored, what
ever may be accomplished afterward in
reimbursement Of the conditions thus
created. In view of the serious uncer-
tainty which has been created in the
public mind by numerous opinions, rem
dered by eminent authorities. of which
Mr.. Taylor is the latest and in some re-
spects the most impressive. it is desirable
that steps should be taken as speedily
as possible to secure final definition of
the legal boundaries of the District