Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-22
Constituting Eligibility Statutes.


the way should be blocked to this au-
thoritative judicial construction of the
meaning of the law by the discovery
that there is no way by which citizens
and taxpayers as such, can bring the
question on its merits before the courts.
II = Presidents opinion as to what this
law means may not he reviewed except
through the medium and at the discre-
tion of his Attorney General or his dis
trict attorney. obviously it will never be
reviewed at all The President has. no
discretion. of course, to obey or disobey
the law. Whether he obeys or disooeys
n deoends upon whether he has rightly
or wrongly construed it. For the court
tn determine whether he has rightly con-
str1,ed the law it must know the Facts
md consider the merits of the case
The harm to result from the practical
denial of an authoritative judicial con-
struction of this law is not so much or
the present as of the future. Successive
Presidents each with a reasonable dis
erection in respect to his construction
of the law are not likely to construe
ii alike: and with no review OF the
Presidents construction except that
made by himself through his Attorney
General the eligibility limitations OF
the statute will naturally lose meaning
and force. and become worthless for
the protection of the District.
IF the President may exercise a rea-
sonable discretion in constituting and
obeying this eligibility law. so may the
Commissioners. they will naturally
think, in the appointment of assistant
assessors. and the excise board in the
appointment of a secretary.
The District, under the compulsion
of national necessity, is denied direct
representation in it's government. In
recognition of this fact the nation has
confessed certain obligation in ad-
ministering the affairs of the District
to ascertain and give effect to local
public sentiment in respect to these
affairs, to the end that the spirit of
American representative government
shaU as Tar as possible in substance
prevail though the forms be lacking.
In accordance with this principle are
the laws requiring bona fide local resi-
dence fer a few local officials and the
political pledges of observance of an
appropriated home-rule principle in the
appointment of local men to strictly
local Offices
Appear Is made by the District for the
strict construction and scrupulous OBJ
servance OF these laws and pledges. not
10 gratify greed in a picayune spoils
squaooie over few petty offices. but
10 preserve to the District in accord
ance with wholesome public policy
the fragments of indirect representa-
ZION In It's government which the law
and the politicians have attempted to
give it.
NOBODY should be ANNOYED at the
Dlstrlcts Jealous insistence upon rigid
donerence TO these statutes. The well
equipped and enthusiastic Commission
er whose eligibility has been questioned
snouId, The Star thinks in the Dis
tricts permanent interest have de-
sired that the approval of his eligibility
by President and Senate receive the
confirmation of the court The valued
Washingtonian, admirably qualified for
MS Official task, whose eligibility as
assistant assessor is questioned, should,
Inc star thinks, in loyalty to WASH
ihgton, insist upon a judicial deter
mination of his eligibility. If his yot-
ing residence in a state, of which he
lis properly proud and which opens up
Tor him the whole classified service now
barred TO the voteless Washingtonian,
Is thought by the court to render him in
eIslble Tor appointment to the few offices
reserved for bona fide" or exclusive
District residents, he will not of course.
complain He Will not begrudge the Office
TO a Foteless fellow Washingtonian, and
ne VIII not permit the District to run the
risk OF a paralyzing inability to compel
py tax sale the payment of the taxes
which he assesses. OF course The Star
thlnks land nobody who thinks at ALL
thinks otherwise) that no national Of
ncial with the power to do so should use
the petty local offices as partisan pan
10 pay personal or political debts i'm
porting outsiders 10 fill positions pledged
speclncaHy and by all the equities and
decencies TO local residents.
The demand In the District for greater
substantial representation in it's govern
ment-even for a voteless almost impotept
territorial delegate, if real representa- ton
In the national legislature cannot be Sc
cured-is strengthened by every semblance
or executive disregard of limitations upon
despotc coptrol of this community. bv
every violation of the eligibility laws de-
signed TO give the voteless District in
directly measure of representation IN its
government; by every violation of the
pledge of the appointment of local men
TO local offices given by presidential nomi
mating conventions and by candidates
and by every betrayal of his trust by a
constitutional legislative representative of
the District, elected not by the local COM
inunity but by the nation, to whose pro-
lection the legislative interests of the
capital are under the present system con-
fided.
Under the Constitution every con-
gresham has local Washington con-
sutuency as well as his home constit-
uency. whose welfare he is under obIira-
tons to protect and promote. Contemptu-
Gus neglect Of this constituency OIL
Venomous hostility toward il is i'm essence
the betrayal of trust Whenever one
OF the Districts constitutional LEGISLATORS
shows himself no faithful representative
of his national constituency but its enc
my, its chronic assailant its scourge. he
gives fresh impetus to the local demand
for real national representation on
American principles to accompany ma.
tional taxation at the capital of the ma,
ton