Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-08-28
D. c. STATEHOOD
BYC0NGRESS|ONAL,
ACT IS PROPOSED
Frank S. Perry, International
Law Authority, Reveals
Simple Procedure.

| Law Authority, Reveals
Simple Procedure.
| Formation out of the District of
! Columbia of "the state of Colum bi a -
by simple act of Congress is the pro-
gram presented by Frank Sprigg Per-
ry. professor of international law at
iGeorgetown University. for securing
statehood for the District.
! Mr.. Perry was one of the delegates
| from the District to the democratic
/, national convention at San Francisco
who handed to the convention COM
| mittee resolution adopted by civil
, and other associations here asking for
| a plank calling for a constitutional
| amendment granting to the people of
! the District representation in Congress
and in the electoral college. A SIM
liar resolution was presented to the
! republican national convention.
In letter just sent by Mr. Perry
to the signers of the petitions he
declares that Il am convinced that the
principal reason for the failure of
the democratic and republican con-
VenfionS to act on these resolutions
was the cumbersome method advanced
of constitutional amendment"
Plan Is Presented.
In memorandum prepared by Mr.
Perry on the subject of statehood
for the District of Columbia" the
writer presents his plan, following
praise of the efforts of the organi-
cations and devoted citizens" who
have for years worked for suffrage
in the District
Mr.. Perry says in part:
The Congress can comply with the
demand of the people for suffrage by
erecting out of the present District
of Columbia the state of Colum bia.
This method will not require adop-
ton of an amendment to the Consti-
tuition. An act of Congress with. per-
haps. the consent of the legislature
OF the state of Maryland. can form a
state out of the District of Columbia.
Needless to say. this method would
than through constitutional amend
ment. A constitutional amendment
would require not only the passage of
an act of Congress, but the consent of
the Legislatures of threefourths of
the forty-eight states.
AN example of the difficulties and
delay in the way of securing the adop-
ton of an amendment to the Consti-
tuition is found in the fact that the
Susan b. Anthony amendment provid-
ing for woman suffrage was intro
duced in Congress in 1878 and adopted
in 1920. Forty-two years would be
a long time to wait for suffrage in
the District of Columbia if some other
method will avail more quickly.
Right by Constitution.
Under the Constitution Congress
has the right to erect new states
and admit new states into the Union.
This can be done from any territory
jurisdiction, and it matters not
whether that territory has an organ
lied territorial government or is an
unorganized territory. While many
states were admitted only after they
had been organized as territories, one
ritorial or state government before it's
admission. Vermont. Maine, Kentucky
and West Virginia were formed from
parts of other states with IT,, con-
sent of the legislatures of the states
affected. There is no provision in
the Constitution limiting or defining
the territory of the United States
which may be erected into a state;
nor is there any provision which pro-
hibits Congress from erecting the
of Columbia.
THE District of Columbia is terri
tory belonging to the United States
and it can be considered as an Or
gained or unorganized territory. In
either case Congress exercises ex-
elusive jurisdiction over such terri
tory and has the right to admit it
into the Union as a state.
There can be no question of the
authority of Congress to erect the
state of Columbia out of the District
of Columbia. Uniformly the Supreme
Court of the United States has con-
sidered the District of Columbia as
government Mr.. Justice Harlan. in
the case of Callan VS.. Wilson, 1877
L. S., $40, held in regard to certain
personal rights:
We cannot think that the people
of this District (of Columbia) have,
in that regard. less rights than those
accorded to the people of the terri
tories of the United States
Numerous Other Cases.
Mr.. Perry, after quoting other cases,
continues.
in the reports of our highest court
which emphasize the fact that Con-
gress in general exercises over the
District of Columbia the same kind
and degree of authority it exercises
over other territory subject to the
disposition of Congress. In accord
ance with this power Congress can
erect state out of such territory.
Under the same power and by the
same means Congress can erect
state out of the District of Column
bia-the state of Columbia.
"A constitutional amendment grant
ing suffrage to the District of Column
bia has no advantages over state
hood and. in fact, has many disad-
VantaSes. Such an amendment must
provide for some sort of voting rep
resentation in Congress and in the
electoral college. The least accept
able representation under this scheme
would be one senator and one repre-
sentative. AS state the state of
Columbia would have two senator's
and possibly one or two representa-
tives. The practical difference, then,
between constitutional amendment
and statehood, SO far as representa-
ton in Congress is concerned, is
whether the District of Columbia
should be represented by one or by
two senators or representatives. In
local affairs state government
would have absolute control and
could provide for the qualifications
| of its voters. In the case of a con-
| stitutional amendment only a limited
! control of suffrage and of local affairs
! might be granted.
Two Reasons for Clause.
! There were two reasons for the in
sertion of the clause in the Constitu-
ton giving Congress exclusive legis-
! lative authority over the District of
Columbia. 1t was feared that if the
| very ground on which the Capital city
was located was owned by one of the
states this state might exercise a