Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-02-28
REPORT TO THE PRESIDENT
Suggests That Question Go Over to
Incoming Administration.
CITES POWER OF CONGRESS
Within Its Province to Transfer the
Seat of Government, Attor-
ney General Declares.

Attorney General wickersham. in a
special report TO President Taft today,
not only declines to bring a suit in the
supreme Court to test the constitution
atty of the retrOcession of certain terri
tory of the District of Columbia to Vir-
glnia, but makes the declaration that II
is entirely within the province of Con-
gress to acquire an entirely new seat OF
government If it wishes to do SO, aban-
doning the District of Columbia entirely.
time, if it wishes. enact laws to accom-
plish a transfer of the seat Of govern
ment to some other district, which. by
cession of particular states and Its &C.
ceptance would then become the seat OF
government
Mr.. Wickersham closes by suggesting
that the proposition should go 10 the
incoming administration.
President Taft, in view OF the report OF
his Attorney General, announced that ne
could not take action to recover the ter
ritory so long in dispute.
Attorney Generals Report.
The report Of the Attorney General is
as follows:
II have examined the bill prepared by
Mr.. Hannis Taylor, and which 1t has beer
suggested should be filed by me In the
Supreme Court for the purpose OF secur
ing an adjudication that the so-caHeo
retrocession act Of July 3. 1916. is null
and void. and that the portion of the
District as originally acquired Is Sill
part Of the District of Columbia.
There are several reasons why 4 am
unwilling to file this bill. In the frs,
Tor
that lies at the basis OF the contention
made against the constitutionalfty OF the
retrocession act. that the power of Con
gress to select the site Of the government
of the United States was exhausted BY
the first selection, and that it may never
without constitutional amendment, change
the site of the national government. This
power is proposed to be implied from the
laguage in article /, section of the Con.
stftution, which gives to Congress the
power to exercise exclusive legislation in
all cases whatsoever, over such district
(not exceeding ten miles square) as may
by cession of particular states and the
acceptance OF Congress. become the seat
Of the government of the United States.
Additional Clause.
But the very same section continues the
following language-"and to exercise like
authority over all places purchased by
the consent Of the legislature of the state,
in which the same shall be, for the cree
ton of forts, magazines. arsenals. dock
yards and other needful buildings" and
the practical construction given to the
latter part of the section, that Congress
might freely and at will acquire and
abandon the use of particular site for
those places, applies, it seems to me- with
equal force to the acquisition of land for
the seat of the national government I
cannot believe that the trainers of the
Constitution intended to commit Congress
irrevocably for all time to the seat of the
national government at a place which
would be found convenient i'm the early
days of the government and which, by
growth of population and change in con-
ditions. might be wholly inappropriate at
a later time.
My impression Is strongly that the
gress at any time deem it appropriate
so to do it could enact laws to accom-
plish transfer of the seat of govern
ment Of the United States to some other
district which. by cession of particular
states and the acceptance of Congress,
should then become such seat of govern
ment.
The present contention is that having
originally selected a site. a portion of
which was in the state of Virginia, sep
arated from that portion acquired from
the state of Maryland by the Potomac
river. Congress was without powers I'M
der the Constitution to give up the Vir-
ginia portion to the state of Virginia in
dependently of any reason which might
make such retrocession expedient.