Evening star., 1915-03-29
NO VOTES. YET NO GRIEVANCE 2
Washington Needs No Elective
Franchise in Municipal Affairs.
But Right to Vote for Represent
ative. Senator and President.

But Right to Vote for Represent
ative. Senator and President.
From the Washington Evening Star,
March 10, 1855.
The idea Of withdrawing from state
power and the control of it's residents
a portion of territory to serve as the
seat of government under the exclu-
sive jurisdiction of the people Of the
whole Union, as represented by Con-
sress. seems to have obtained a strong
hold upon the minds of the founders
of the republic. Many desired to
strengthen the notion of a union by
giving the general government an ex-
elusive territory. a center of federal
action, controlled by it alone. State
jealousies had some influence in the
matter. The jurisdiction of any one
state over the seat of government
would it was thought. give that state,
to some extent. control over the gen.
eral government itself. Exclusive juris-
diction and the power to call out the
militia would also. it was considered.
enable Congress to protect itself in
case of riot or other disturbance. The
fact now worn threadbare by con-
stant allusion. was remembered, that
Congress. while meeting at Philadel-
phia, October 81, 1888. had been insulted
and forced to adjourn to Princeton.
The opposition to the plan OF giving
Congress exclusive jurisdiction over
the seat of government seems to have
is reported to have taken place in the
constitutional convention. Objection
was made In the Virginia ratifying
convention that the District might be-
come an asylum for political criminals
or violators OF states rights. But the
clause was adopted without much op-
position. BY its terms Congress was
given the power Of exclusive legisla-
national territory. The legislature of
the Union has an authority over the
District Incompatible with the exercise
Of the full elective franchise by its
szens fha W,heut % to
never vote for President or senator
or representative. II there is politi-
cal. grievance, the Constitution Is
responsible. The city's complaint
against Congress is not that 1t has
deprived residents of the right to vote,
but that 1t has failed to take this dis
ability sufficiently into consideration
in Its treatment of the city II the
United States had attempted to assume
no particular control over the capital,
and the seat Of government as city
Of Maryland had legislated for itself.
and had improved and developed itself
only in proportion to the means of its
gress and the frantic efforts of legis-
lators to avoid few hours considera-
tion Of Its affairs might have some
ground Of justification. But Washing
theory and practice which. in COM
bination, have denied it the privileges
while ourdening 1t largely with the
responsibilities Of independence.
guardian Of the capitals welfare four
courses are open to Congress. First. it
may leave the relations between the Dis
trict and the general government un-
changed, but give more time and consid-
GRAFTON to the capital and its affairs, re-
modelling its laws in accordance with the
wishes Of its citizens and providing lib
orally for the improvement of its appear
ance, for Its general development and for
its relief from the heavy debt inequitably
imposed upon it Congressman should
look upon themselves as the representa-
tives OF national district as well as of
their own local districts. It should be
remembered that the so-called congress
ordinary expenses are not gifts or beg
gars aims. but merely a disbursement Of
tho District revenues, one-half coming
from individual tax-paying citizens, the
remainder from the United States as the
untaxed holder Of one-half Of all Wash
tngton. property, and much should be
done by the government beyond the con-
tribution Of this quota II the capital is
belong to 1t as the city of its citizens 1t
should be made worthy Of admiration as
the city OF the United States, represent
ing In miniature its growth in population,
wealth and power.
Franchise in Municipal Concerns,
Secondly, Congress may give to the
District local sovereignty and the elective
franchise to the limited extent which the
Constitution will permit It has been
urged by many that Congress has the
ability to delegate its power Of general
legislation; that the exercise Of exclusive
authority does not forbid choice Of
agencies: that the government provided
for the District Should be assimilated to
the theory of republican institutions. and
that the natural right of men to govern
themselves should be recognized as far as
that is possible And to show that it
was never intended by the trainers Of the
Constitution to deprive any portion of the
people of the United States of local rep
resentative government the words of
Madison in the forty-third number Of
the Federalist are quoted.
The other side of the question has been
argued with equal ability, and the
Supreme Court OF the District of Column
bia have adopted it. In Roach ct al. VS..
Van Riswick (Washington Law Reporter,
Congress has no capacity under the Con-
stitution to delegate its delegated powers
by bestowtng general legislative authority
upon the local government Of the Dis
trfct, and an act of the so-called legisla-
tive assembly of the District, upon which
the suit was brought, was declared inop-
erative and void. For the present. then,
in the absence of an overruling decision
by the Supreme Court of the United
States, such a delegation of power is un-
constitutional. and only the unsatisfac-
tory privileges of a municipal corporation
can be conferred. But experience has
taught that if the decision in Roach
against Van Riswick were reversed, and
II the most extensive powers of voting
were bestowed which any reasonable con
struction OF the Constitution can grant
the gift would be not merely valueess.
but Objectionable. The Judiciary commit
tee of the House of Representatives. in a
report made June l, 1871, stated the fol-
lowing truths: ''ln d strict legal sense
there can be said to be no such thing as
a local government of the District of Co.
lumbia, for there can be no government
within the District independent of that
Of the federal government, and whatever
local authority there may be now existing
or which may hereafter be set up within
the District. it can only he regarded
legally as an agency of the federal gov
ernment: and whatever authority this
| local government may exercise it must
! be regarded as the act of the United
! States through their delegated represent
| ative.'' The District legislature would
| in any event AIT under the restrictions
| suggested by these words. Its general
! laws would be mere petitions, void with
| Congress. delegate without a vote
| has little weight in IA ''log-roIling' body
! like the House of Representative The
| other officers would be petty town Off