Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-01-05

! 81 have said. and it will no doubt be con-
! coded, for it is beyond the pale of ieg1tl-
| mate argument. that the act of June ~,
| 1874, now under consideration was tenn
! porary in its character. 1t provided a
| form of government sufficient for tempo
| rary purposes. at least, and in connection
1 with an appropriation act. passed only
| three days thereafter. provided Tor the
emergencies then to be met But that
! the permanent form of government to be
provided for the District and the fixing
! of the relative obligations of the District
1 and the United States toward the main
| tenance thereof were for future determi-
| nation is unquestionably indicated by the
| provisions of section ) with reference to
| the duties of the joint committee therein
provided for. Most legislative enact
ments contemplate future acton under
their provisions. but this act went fur
Their than that and contemplated future
legislative definition of the obligations
imposed by its provisions.
Permanent Form in Prospect.
The direction given the joint com
nlttee i'll section :, was to report OF the
first day of the next session Of Congress
the legislation necessary to make effec-
tive its proposed form of government
and its conclusions as to the. proper
proportion of expenses. interest on the
funded debt included. to be borne re-
spectively by the District and the Unit
ed States.
The plan proposed contemplated them
that on and subsequent to the first Mon
day in December of that year Congress
would consider the report of the joint
committee and. in that connection. would
then determine the proper proportion OF
the expenses of said government. any
| branch thereof, including interest on the
funded debt. which should be borne by
said District and the United States re-
spectlvely. This determination was i'll
fact three and half years thereafter
But this same act. which thus provided
Tor the future determination of this Ques
ton and pledged the faith of the United
States, required the sinking fund COM
msSioners of the District to issue the
ponds in question, and provided that they
should be dated August l, 1874. and au-
thorlZed their immediate exchange for
outstanding certificates of Indebtedness a
directed proceeding which contemplated
that this funded debt would be in exist
ence when the committee reported and
Congress acted on the report.
The fact that they We're not in any
considerable quantity exchanged until
later date can have no bearing on the
question of statutory construction now
before US. If IT could, 1t would be met
by the fact that determination of the
proportionate liabilities of the District
and of the United States did not take
place until long after contemplated, and,
in fact. long after all bonds were issued
and exchanged except the small portion
authorized by the act of June 16 1850.
and that issue of the same bonds was eX-
pressly limited 10 exchange for obiiga-
lions and judgments on obligations in
CURED before the joint resolution of
March IA, 1876. and to be issued in pay
ment of unsettled obligations contem-
plated by section ) of the act of 1874.
IL thus appears. seemingly beyond
question. that Congress contemplated that
the question as to what proportion of ex-
penSeS of the District including interest
on the funded debt should be borne by
the United States would be determined
after these bonds had become a part of
the funded debt, and the question was,
IN fact, so subsequently determined.
Why a Division of Debt.
Since it is of necessity admitted
that by the act of 1874 the to be de-
termined proportion of the expense
OF the District to be borne by the
United States were expenses of the
District within which We're to be in
G dh the interest on the old funded
debt, by what legitimate process of
reasoning can it be said that, when
Congress came to consider and de-
termine the part of the burden of the
Distrlct the United States would as
sumo it intended to include therein the
interest on a part of the then existent
funded debt and exclude another part?
was there reason for such dis
cTinlnatonE Quite the contrary. The
old funded deft was a debt as to which
Tor the most part the United States
mad assumed no responsibility If ere
ated through power granted by Con-
sress the greater part of it was not
created by its initiative or by any
specific direction in relation thereto
The new funded debt that now in cues
ton, was created as "a funded debt Nv
congressional direction and certain re-
sponSiblitieS in connection therewitb
were imposed on the United States The
circumstances of the two cases and the
relative obligations of the United States
would indicate that if there was to be
a distinction made. an assuming of on
obligation in one case and not in ,ba
other. the result would have been the
exclusion of the old and the incl,,sion
of the new.
As aiding very materially. then in the
solution OF the question at issue. / must
conclude that the specific inclusion in sec
uon OF interest on the funded debt in
the expenses of the District to be pro-
Nlded Tor proportionateiy contempIated
the inclusion therein of interest ON the
funded debt to be created by virtue of
the provision of that act
before attempting application of this
conclusion. since it will proba ply not be
readily accepted by all students of the
question. it may be we'll To consider
clusIon is found in the act finally derer-
mining as to the proper proportionate an
preparations, or in ad interim appropria-
ton acts, or elsewhere.
President Grant Quoted
President Grants sixth annual mes
sage, dated December T. 1874, contains
statement which is entitled to Soma
weight II IS more than the expression
OF Il personal opinion as to the mean
ing OF legislation. for the President
participates in legislation, to an ex-
tent by examining it and informing,
hiihsei OF It's meaning and giving it
force by his approval This message
was sent to Congress after he had
approved the act of 1874 and before
the report of the committee provided
Tor therein In 1t he was discussine.
the aHairs OF the District of Columbia
~ Win PARTICULAR reference to its
Indebtedness, and in that connection
he SAID. ee'ioii
me act of Congress Of luna On
io.f' cohtemplates an apportjonment
between the United States government
ana the District of Columbia in resncct
10 ,he payment of the principal and in
crest OF the 800 bonds. Therefore. in
aeDt OF the District the aggregate SIMS
above stated as respects 1865 bonds nov,
ISSUED, the outstanding certificates of
the board OF audit and the unadiusted
claims pending before that board should
Dc reduced to the extent of the
amount 10 De apportioned to the United
states government in the manner in :
dlcated in the act of Congress of June
20. 1874
Several appropriation acts nassad