Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-12-21

not TO be obligatory upon non-resldents,
unless in cases of intentional VIOLA
uon This act was temporary. put was
continued in force by the act of Feb
nfteen years from the end of the ensuing
session of Congress the only important
change in connection with the questions
under consideration being that the con-
so that each consisted of nine members
chosen by distinct ballots of the clu-
Zens.
BY act of May 4. 1872 e Stats. L., Up.
the charter of the city was radlcahs
changed in that the two councils were
distinctly constituted as board of alder
men and a board of common council, put
still the right to elect the mayor was ue-
MED to the inhabitants, his election peihs
devolved upon the two chambers III JOINT
meeting. BY subsequent acts this act was
amended and continued in force until
March ), 1881. unless sooner repealed.
President Monroe's Recommendation
While the affairs of the city were in
this condition, President Monroe. in his
second annual message to Congress, In
1918, made the following memorable
recommendation:
The situation If this District. it is
thought. requires the attention of Con-
greSS. BY the Constitution, the power OF
ltSlSlatlOn Is exclusively vested III titC
Congress of the United States. In the eX-
erciSe of this power. III which the people
have no participation. Congress leglslates
in all cases directly on the local concerns
of the District AS this is departure,
for Il special purpose. from the general
principles of our system 1t may merH
consideration whether an arrangement
better adapted to the principles of our
government and 10 the particular inter
eSts of the people may not be devised
f.p,-
ton nor affect the object which the pro-
vision in question WAS intended to Sc
cure
And. also. ut its $50 term. the Supreme
Court of the United States decided the
well known case of Loughoorough VS..
Blake e. Wheaton. 30. holding that. not
withstanding their want Of representation
in Congress, the inhabitants of the city
We're liable to taxation: declaring i'll ef-
feet that that part OF the national So
ciety resident in the District of Columbia
had voluntarily relinquished the right of
representation and had adopted the
whole body of Congress for its legitimate
government. and saying:
Supreme Courts Opinion.
Although i'll theory it might be more
congenal to the spirit of our institutions
to admit representative from the Dis
trict it may be doubted whether in fact.
its interests would be rendered thereby
the more secure.
1t is matter OF great Importance and
significance that. up to the date of this
utterance, that is to say. throughout
period Of more than thirty-one years of
the nations existence under the Constr
tuition, there was no departure on the
part of any of the distinct departments
of government. executive legislative and
judicial, from the conception of the
trainers of that instrument of the object
which the provision in relation to the
District was intended to secure, namely.
the establishment of an exclusively fed
eral territory to be the seat of national
business, and. SO far such might be
possible. exclusively for such business,
the regulation of the purely local affairs
of the inhabitants of such District being
obviously merely incidental.
And it was at this point in time that
Congress, doubtless under the stimula-
ton of President Monroe.s suggestion,
and in the light of the agitation eXempli-
fed in the case of Loughborough VS..
Blake as TO taxation without representa-
ton. again took up this wholly incidental
matter. namely, the subject of the gov
eminent of the city respected its in
habitants and their local affairs. BY act
of May Il. 1929 &; Stats. L.. $50, the char
ter of the city was reformed. the mayor
for the first time being provided to be
elected directly by the people. An i'm
portant fact to be borne in mind in any
discussion of the true relations of the
District to the national government is,
that from this act, and not from the Oft
quoted act of 1878, dates the first direct
cooperation by the federal with the local
government, the so-called compact be-
tween the District and the federal gov
eminent; which in no true sense can be
n