Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-11-04

at is first necessary that we more
! closely examine the Constitution OF
the United States, and find out what
power has been granted to Congress
in taxing the inhabitants of such dis
trict. The first clause of section s.
article /, of the Constitution of the
United States reads as follows:
ITO lay and collect taxes duties.
imposts and excuses, to pay the debts
and provide for the common de-
Tense and general welfare of the
| United States. But all duties. imposts
and excuses shall be uniform through
out the United States
| This, gentlemen. is the sole and
only power Congress has in taxing the
people Of the United States and their
property, including, of course, the in
| habitants of the District of Columbia.
The power, and the purposes for which
| the power is to be used. are set out in
such plain and unmistakable terms
/ that l do not think any one will ven
| ture to claim that. in this first clause
or the eighth section, Congress has
been granted the power to tax the in
habitants of the District of Columbia
for merely local purposes.
The power of taxation has been
thoroughly discussed in the constitu-
tlonai conventions. and the question
whether this power extended to tax
the inhabitants of the federal district
to be selected as the seat of the general
government for purely local purposes
was foreign to every one.
Il do not think it necessary to ex-
plain the meaning of this first clause
further. as, without doubt, the gentle
men on this committee must admit
that, under the taxing power granted
to Congress by this first clause, it pos
sesses no power to tax the inha bitants
OF the District of Columbia for any
other purpose than those set out
therein.
Whence Comes Authority
From what authority, then, does
Congress get its power to tax the in
habitants of the District of Columbia
for local municipal purposes, as it is
doing at this present day. and has done
ever since 1S74-surely not from the
Constitution?
The seventeenth clause of the eighth
section, first article, which is directly
responsible for the existence of this
federal District, reads:
10 exercise exclusive legislation,
in all cases whatsoever, over such dis
trict not exceeding ten miles square as
may, by cesslon Of particular states.
come the seat of the government of the
United States; and to exercise like au-
thority over all places purchased by
the consent of the legislature of the
the erection of forts, magazines.
arsenals, dockyard and other needfui
buildings
Does this clause confer upon Con-
gress any power of taxation? What is
the meaning of the phrases to exercise
exclusive legislation, in ali cases what
soever, and what power do they con-
fer upon Congress? The answer is OBJ
v1ous; they give to the Congress of the
United states the exclusive right to
within the territory selected for the
seat of government, and confer only
the police power over the territory
which lies within the states of Mary
land and Virginia and which they coded
COR the seat of government to Congress-
They also. in express terms, forbid
congress ever to make the District of
Columbia municipal corporation, as
Tue term in all cases whatsoever pro-
h1bits the Congress of the United
states from ever delegating the power
of self-government to the inha bitants
of this District, and precludes the in
habltants from ever exercising that
right.
Sees Distinction in Powers.
This clause does not grant to Con-
gress exclusive legislative powers in
all cases whatsoever, but only one
power, that of exclusive legislation
The power to tax and the power of leg
islation are two distinct powers. The
former carries with 1t the power of
legislation. that is, the making and
enacting of laws to enforce the power
which is even expressly granted in the
eighteenth clause of the same section,
upon Congress.
What is the power of legislation but
the police power? This power Congress
possesses only in the District of Co
the territories belonging to the United
States. where 1t is limited and granted
to Congress in article ", section 8.
But does this power include, by i'm
taxes for any other purpose than those
expressly granted to Congress in the
first clause of the eighth section? Can
Congress claim any powers which are
not expressly granted in the Constitu-
ton of the Un~ed States? These ques-
tons should be easily answered by the
distinguished lawyers on this commit
tee. and should not need any further.
calculation, as these questions have
been settled too often by the highest
legal authority in the land
Promised Freedom From Taxation,
Neither under clause one nor under
clause seventeen does Congress possess
any power to lay and collect taxes upon
and from the Inhabitants of the District
Of Columbia for purposes other than
stated in the first clause
This was the Interpretation given the
inhabitants Of the territory which was
to be coded under exclusive Jurisdiction
Of the Congress of the United States
They were told that they would be COM
pensated for their right to govern them
selves. which they were to give I'D to
Congress. by not being taxed for purely
local purposes.
That the first and seventeenth clauses
gave no power to Congress to tax the
Inhabitants Of the District of Columbia
for purely local purposes, and that the
federal government was to pay the ex-
penses for the running, upkeep and i'm
provements of this federal district, was
the Interpretation. understanding and
Common knowledge of all the members
of the Congress Of the United States. AZ
well as the members of the legislatures
of the states of Maryland and Vir
ginia, at the time the District was
created"
Part Of Federal Family"
Mr.. seibold insisted that the govern
nent OF the District was part OF the