Evening star., 1915-03-29
NO REPEAL BY RIDER
OF F-AND-HALF LAW
Shall National Participation in Capt.
tai Upbuilding Become Uncer-
tain, Fluctuating, Cspricious7

tain, Fluctuating, Cspricious!
star. Feb. 9. 1914.
The half-and half provision. the
guaranty Of fair .plsy and prosperity
for the capital. should not be Destroyed
insidiously or by inairection, but. II at
all. openly and after full Aeliberation.
and with all the care ana anxious
thought which accompany changes In
fundamental law.
There are some otherwise perfectly
reasonable congressman who arc ap-
parently inspired by an Irresistible
tendency to have a crack at the "or-.
ganic act" because they think they are
told that 1t is sacred. inviolable, and
that they cannot touch II.
OF course, as far as power of Congress
to amend or repeal is concerned. there
is nothing sacred or inviolable about
the "organic act" One Congress cannot
thus tie the hands of subsequent Con-
crosses. Washington's contention is not
that it cannot but that 1t ought not to
be repealed. The Supreme Court has
spoken of this legislation as an or
ganic act. the Constitution of the
District of Columbia, and has shown
clearly the thought and wish of the
enacting Congress that this act should
be regarded as on the basis Of a local
Constitution rather than an ordinary
current law. But the exclusive power
of Legislation concerning the District
Is in the majority Of the existing Con-
gress. No greater vote ie required to
repeal the Constitution of the District
hnY IN t1 {y,o no
legislative item of municipal regula-
tion. The term organic act" Is con-
venient from its brevity. and 1t is ac-
curately descriptive according to the
Supreme Court of the United States.
The suggestion conveyed by II Is not
that Congress cannot alter this act, but
that It ought not. except with the care
full deliberation with which the altera-
erly approached. The fact that the Con-
gress of 1873 tried to the extent OF its
power to clothe this legislation with
the attributes Of permanency. calling
created by 1t, and refusing to add the
usual reservation of power to amend
or repeal, and the fact that the Su-
preme Court recognized that this legis-
and complete and rounded in itself. do
not in the slightest degree tie the
hands Of future Congresses SO far as
power is concerned.
lucy 10 make IN com OlndtlOn a pow
erful appeal to the discretion of Con-
gress to exercise the most thoughtful
and deliberate care, taking into consid-
GRAFTON all the equities existing in 1878
Is based. before repeating or vitality
amending the "organic act" and sub
stituting another Constitution OF the
District in its place.
No Shifting, capricious Standard.
The half-and half provision should
not be destroyed. as proposed in the
johnson amendment. without the sub
stitution in its place of some other
definite measure of national participa-
tion in capital maintenance. whether
more or less than half. This participa-
tion ought not to vary in successive
years from fair contribution to moth
ing at all. according to the whims and
caprices. the likes and dislikes, the
fancies and the spites Of the few men
In each Congress who are willing to
undertake and are permitted to act in
dealing with local concerns.
The half-and-half provision is the
keystone in the arch of the law of 1878;
the keystone in the arch Z. the capi-
tails welfare.
Its value has been not in the particu-
lar percentage of local and national
contribution which it fixed. but in the
fact that it established definitely the
national obligation in respect to the
capital and fxed an annual measure Of
equitable participation by the nation
In capital maintenance and upbuilding,
which should be observed in the years
when Congress, absorbed in national
concerns. cared little one way or the
be likely to neglect the capital and
cause il to suffer II required to fix
afresh each year the amount of it's pro-
portionate contribution.
The evil of congressional exclusive
legislation for the District has been
not so much congressional hostility as
congressional Indifference and neglect
In the absence of any definite equita-
was recognized by Congress the capital
was shamefully neglected by the ma
tion for three-fourths of century.
and for this period. by reason Of the
orable obligations incurred at the ere
alton of the city, the capital became
and continued in appearance unkempt
and disrtputable. in finances a periodi-
oWn-altogether a reproach to itself
and a shame to the nation.
Since the act Of 1873 tine nation pur-
suing an equitable. clearly defined
rfc -auu-ndlI pTOSl-
sion) has by wise. economical and in
teiligently liberal expenditure built up
one of the most attractive capitals OF
the world, 10 longer a reproach and
shame. but the object of patriotic pride.
Since through lack of this definite
standard Of national contribution the
nation fell far short of meeting its Ma
tional Capital oblipation from 1900 to
1873: since the nation since 1873 has
occasionally fallen short of meeting its
own fixed half-and-half standard; and
since certain legislators of today con-
spicuous and influential. are earnestly
contending that there should lie no ma
tional participation at all in capital
maintenance. the suggestion that if the
h:,lf-and half provision were destroy
ed and the percentage of contribution
left to chance this percentage might be
increased over one-half is obviously
delusive. The most simple minded could
hardly deceive himself or permit him
self to be deceived by 1t. Repeal of the
half-and-half provision destroys the
capitals shield and buckler and leaves
! il exposed. helpless. to the attacks of
its enemies.
| and-half provision are made by those
who contend that local taxation alone
can readily and without injustice raise
"a much greater revenue than is need
linRtonians know that the alleged IA cts
cited by these men are fmaginations
and that their financial program means
| inevitable bankruptcy for Washington.
| II with the aid OF thoughtless and in =
considerate friends of the District these
enemies Of Washington break down
the half-and-half provision. and leave
| the amount of national participation to
| shift with the caprice of successive
individual legislators. the capital will
have a Damocles sword hanging over
it continually. to fall at any moment.
l