Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-11
Sees Difficulties in Suit.

Sees Difficulties in Suit.
Prefacing his address with q reference
to the argument of Hannis Taylor In
support OF the proposition to bring the
question before the Supreme Court, Mr.
Gasseiman said:
In my study of the subject L have
| reached the conclusion that there are
| insurmountable difficulties in the way
OF a successful SUIT in the Supreme
court tor the purpose stated. On the
other hand, there is a practical and
easier method by which the United
states can secure, for the purpose Of a
park. all needed territory on that side
| OF the river. and as this method would
| involve no controversy with the state
of Virginia IL would seem to be the
wiser and better method to adopt, to
secure such territory as the United
States may desire or need on the Vir-
ginia side of the Potomac"
Mr.. Casselman in his address renewed
| the suggestion made by him before a
committee of the Washington Cham
Der Of Commerce in 1910, for the ap-
pointment Of joint commission, to be
named by the United States and the
state of Virginia, to agree and deter
mine what part Of Alexandria county,
not including the city of Alexandria,
ought to be receded to the United
States. This recommendation, he said,
was approved by the Chamber of
Commerce and the Commissioners of
| the District Of Columbia. both Of which
bodies. he added. have disapproved Mr..
| Taylor's suggestion of a suit at law.
| He quoted from report OF the Dis
| trict Commissioners substantiating his
| statement that his suggestion met
with their approval.
Congress Declines to Act.
This question has been before Con-
gress on, various occasions" said Mr.
| Casselman, land Congress has always
declined to act. In 1902 it was considered
by the judiciary committee of the Sen
ate, of which Senator Hoar was chair
man. some Of the other members OF the
committee being Senate Culberson, Tur-
ner. Plat of Connecticut and Fairbanks.
| The committee. In It's report, used the fol-
| lowing language:
| 1T seems to the committee that 1t Is
not expedient that this act of retrocessior
should be set aside by Congress. even II
! Congress have the power to do so, with
out the consent of Virginia. AS to the
| suggestion that the retrocession was un-
constitutional, 1t seems to us the answer
| IS that from "a nature of the case II Is a
po itlcal and not judicial question. and
that 1t has been settled by the political
| authorities alone competent to decide 1t.
Ii it be desirable that Alexandria become
a part OF the District of Columbia again
| the only way to accomplish 1t will be tC
open negotiations with Vii ginia and get
her consent. /"
Dwelling upon the unpleasant conse.
quences. from legal point of view
that would undoubtedly follow a de.
cision of the Supreme Court against
the constitutionality Of the act ,ol
court on that very question was citec
by Mr.. Casselman. In this opinion, rem
dered In the case Of Phillips VS. Payne
the court refuses to consider the ques
position that the matter is purely a DO
iiticai one.
Gives Courts Opinion.
Mr.. Casselman quoted the courts
opinion, In. part, as follows:
| II the objection taken by the plain.
tin In error were maintained in the
length and breadth insisted upon
| serious consequences would follow In
that view part of the consequences
would De that all laws Of the state
passed since the retrocession as re-
CARDS the county Of Alexandria, were
void; that taxes have been illegally as.
sessed and collected; that the election
of public officers and the payment OF
their salaries were without warrant OF
law; that public accounts have beer
| improperly settled: that all sentences
Judgments and DEGREES of the courts
| were utilities. and that those who car.
ried them into execution are liable
civiiiy, and perhaps criminally, &C.
cording to the nature of what they
have severally done."'
Plan Of President Lincoln.
Mr.. Casselman referred to the recon-
mendation OF President Lincoln thai
steps be taken to arrive at a conclusion
| with the state Of Virginia In regard !,
bringing back into the L.strict of Colum
bia the receded territory. Negotiation
with the state OF Virginia" were sug
gested by President Lincoln, said Mr.
Casselman, rather than an appeal to tn.
| courts AS President Lincoln was q
| member of Congress in 1885, Mr. Cassel
| man said. he must have been familiar
with the arguments used at the time OF
the cession OF the territory to Virginia
Mr.. casselman deprecated the idea ad
vanced in certain quarters that the ter
/, r!torr IS desira Ole tor the purpose of es
! tablishnS within the District or Colum
S'- "ssrfs securing suburb And de-