Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-02


making philosophical and patriotic sac
rif1ces for the national welfare like those
endured by men fighting for their coun-
try in time of war. The nation COM
Idespotically on un-American principles a
group Of Americans is to SO exercise Its
power with equity and benef1cence as
dominating principles that no discrlmi-
nation against the Washingtonlan snail
be permitted unless it meets the acid test
Of national necessity; and that by care
fully ascertaining and giving effect to
local public sentiment the spirit OF Amer
lean representative government shall. as
far as possible, in substance prevail,
though the forms be lacking.
No Unnecessary Sacrifices.
To impose upon the washingtonian
hurtful determinations in respect to
his status before the national courts
clearly involves an unnecessary sacri-
flee on his part and offends the rule OF
equity laid down by President Harri-
son.
Chief Justice John Marshalls treat
ment of the District of Columbia when
the alleged rights of it's citizens came
in conflict with some claim OF natlona!
power develops wildly these judicial
determinations:
In Hepburn and Dundas vs. Elizey q
Cranch, 445) Marshall held that the
District was a state in the signification
Of that term in international law, but
not in the sense of the Constitution.
anu that it's citizens could not bring
suit as citizens of a state in United
States courts. In Loughborough agt
Blake Is Wheaton, BID he decided that
Congress has the constitutional power
to impose direct taxes upon the unrep-
resented District. Notwithstanding the
words Of the Constitution coupling rep
resentation and direct taxation, and
L II v1rtv iv,ln &C
in our revolution that representation
is inseparable from taxation"
John Marshalrs Supreme Court
treated the District as state when
when representatives were apportioned
though the Constitution apparently
couples the two things 1t was de-
cIared not to be state whose citizens
can bring suit in the United states
courts, though the Supreme Court at
later date pronounced it in the very
spirit of Marshalrs reasoning "a state
Of the Union under treaty with
France comforting privileges on aliens
(Geofroy vs. Riggs. 1873 U. s., $3.50. In
short, the District Is a state when bur-
dens are imposed and not state when
privileges are distributed.
Marshall recognizes deprecatngly the
injustice and Inconsistency which on
grounds Of national necessity the SUI
preme Court, through him. dealt out to
the District of Columbia. 1T Is" he
says in Hepburn and Dundas Vs. Ellzey,
extraordinary that the courts of the
and to the citizens of every state in the
Union, should be closed upon them dis
trict citizens)." And in Loughborough vs.
Blake he says: Although In theory It
might be more congenial to the spirit OF
our institutions to admit a representative
from the District, it may be doubted
whether in fact its interests would be
rendered thereby more secure; and GER
he ,,uffA mi
their want of a representative In Con.
gress as exempting it from equal taxa
ton
The. Washingtonian needs access on
equal terms with other Americans to the
federal courts; the same right to sue in
a federal court as that enjoyed by the
citizen of a state. Either his status De-
fore the federal courts should be that OF
the citizen of the non-sovereign state OF
Columbia, or for judicial purposes he
should be declared citizen of Maryland.
Congress and Electoral College.
The washingtonfans are clearly en-
titled to representation in Congress and
electoral college Ms national taxpayers,
potential national soldiers; In every re-
spect so far rs burdens are concerned
ON the same basis with other Ameri-
cans.
They should be granted this repre-
sentation "a by act Of Congress ad-
hitting District of Columbia rs a de-
fective, nOn-sovereign state. Cd Or by
constitutional amendment II that 10
necessary to admission rs quasi-state.
(3) II impracticable to secure admission
rs quasi-state, a. separate community,
citisenshlp In Maryland should be be-
slowed by act Of Congress-.
Under the power to admit new states
Congress has given certain repre-
sentation in the national legislature
.. to territories. embryo states not rec
ognized at all by the Constitution in
prescribing the makeup Of Congress
It would seem that under this provision
concerning the admission OF new states
coupled with the power to regulate
territory belonging to the United
States and with the power in each
house to judge the qualifications OF Its
own members. Congress could admit to
representation In itself a quasi-state. in
termediate between the territory and
the full-fledged state The constitu-
tional provision that no state may with
out its consent be deprived OF equal rep
| with it's consent state could be de-
| prived of equal representation In the
Senate. and that state could with
| its own consent exist which was nov
on an equal footing in representation .s,e tatHn
| ence is justifiable a constitutional
| amendment might not be necessary to
| admit the District as detective state
OF the Union with representation &c
| cording to its population in the House
and with one instead of two senators.
accentuating the fact that 1t Is not on
| the same plane in all respects with
| the other states. Under this arrange
| ment the nation, through Congress.
! would retain exclusive power Of legis-
lation over the District and the District
| would merely secure representation In
the body which governed 1t.
Il Amendment Necessary.
There Is thus raised q question for the
constitutional lawyers to study and an
swer: Is constitutional amendment
necessary to enable Congress to give
representation in the House and Senate
to the District of Columbia as a state?
1t has always been assumed that such
amendment is essential. But Is it?
| Congress has power to admit new
states. One of the rights Of such states
Il Is representation in House and Senate.
Under this power Congress has adm tied
to representation without vote in the
House territories, Quasi-states. not con-
tempiated by the Constitution. If Con-
gress can thus grant to rudimentary
state limited representation In one of Its
branches, can it not grant to quasi
state of a higher grade full representa-
tion In both Of its branches. without