Evening star., 1922-12-14

| BY article III, section 2. Of tho Con.
stitution. 1t is provided that the jn.
dicial power Of the United States
| shall extend to all cases, in law and
equity. arising under this Constitu-
| tion, the laws of the United States
and treaties made, or which shall be
made, under their authority
! to controversies between two or more
states; between a state and the citi-
| zen Of another state: between citi-
| zens Of different states: be-
tween a state, or the citizens thereof
and foreign states. citizens or sub
jects."
The judiciary act OF 1890 creating
the United States courts and provid-
ing for their jurisdiction recognized
! and conferred jurisdiction upon the
federal courts in cases where di-
versity Of citizenship existed. This Is
4 most important branch of federal
jurisdiction and has consistently been
maintained.
Although there can be no doubt that
| the trainers of the Constitution never
intended to discriminate in this re-
spect between the citizens of the Dis
trict and those Of the states, the fac,
remains that the District of Columbia
is not a state within the meaning OF
the constitutional provision author
| izing citizens of one state to sue and
be sued by citizens of another state
| in the courts of the United States
| (Hepburn v. Ellzey. Cranch. 445, 452
Geofrey v. Riggs, 1913 U. S., 258. 269)
although 1t has been held by the Su-
preme Court to be a state for the
purpose of direct taxation Lough-
borough v. Blake. S Wheaton, BID.
| Attention was called to this anomaly
| by Chief Justice Marshall in his opin-
ion delivered in the casa Of Hepburn
V. Ellzey just referred to. In which
he stated:
1t is extraordinary that the courts
| OF the United States, whicn are open
to aliens and to the citizens of other
| states in the Union, shoulI be closed
! upon them District residents). But
| this is subject for Legislative, not
, for judicial. consideration
No sound argument can be pre-.
| sented for the existing discrimination
between citizens Of the District and
\ those OF the states when it comes to
the question Of affording relief SO far
as suits in United States courts are
concerned. This right is even grant
| ed an alien. but denied under the
Constitution to a citizen of the Dis
! trict. The right is a valuable one
and has been consistently SO recog-
| ntzed since the adoption of the judi
ciary act in 1890, 1t is time that this
discrimination should cease and the
! people OF the District given the same
| rights In all respects as citizens oil
the states through adoption of con-
stitutional amendment such as pro-
| vided in the present resolution.
No Change In Form of Local Govern
| ment.
! BY section s. article /, Of the Con.
| stitution, Congress is authorized to
exercise exclusive legislation in all
| cases over the District of Colum bia
f; The amendment to the Constitution
proposed by the joint resolution un-
, der consideration in no way affects
this absolute control and jurisdiction
but Congress will have the sole
power to legislate as heretofore
Your committee feels strongly that
| there should be no change in respec,
| to this relation between the federal
government and the local municipality
The present commission form of gov
ernment has worked well and salts
! factory. and so long as the power
! rests in the President to appoint the
i municipal executives of the Distric,
the direct control and supervision ol
! locsl affairs is maintained
American Principles and Intent OF
FOrefathers.
Study of the making, constituting
and expanding OF the Constitution
discloses that there was no intent or
! the part of the makers OF the Con
stitution and of those who construed
and applied it to violate the Amer
lean principle that couples represen-
tation with taxation by excluding resi-
dents of the District forever from voting
participation in the national councils.
Representation by the people in the
legislature by delegates of their own
election is the corner stone of Amer
lean political institutions. Having
deep roots in the constitutional his
tory Of England, this Fundamental
principle of free government receiv.
ed it's full and perfect recognition in
the struggle which resulted in the
independence of the colonies and the
establishment of the United States
The bill Of rights presented by the colon
lists to the British parliament declared
That the foundation Of English
liberty and of all civil government Is
a right in the people to participate in
their legislative councils"
Accepted by our ancestors as self
evident truth, and so proclaimed in
the Declaration of Independence. the
! their just powers from the consent
of the governed has since spread around
the world.
Yet, in the District of Columbia
the seat Of the government Of the
United States, 1851 Americans. per-
forming justly and honorably all the
duties Of peace and war, remain with
out any representation whatever in
the government which rules and
taxes them, makes the laws they
must obey and sends their sons to
battle.
What Is there in our scheme OF
government that requires that the
capital of the United States should
be tho one capital among the civilized
nations, the inhabitants Of which are
excluded, deliberately and OF set pur-
pose, from all participation in their
government? A vague notion pre-
walls that this exclusion from par
ticipation in the government is the
necessary consequence of the eX-
elusive control of the federal dis
trict vested in Congress. Such is by
no means the case. The Constitu-
ton (article /. clause s. confers upon
Congress- the power of exclusive leg