Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-10-19

Whether the retrocession of the
Virginia portion of the original Dis
trict of Columbia was warranted re-
NAMED a moot point for many years
The Retrocession a tory w .ne re .st5r.
Of Alexandra. s So to the II par rent
Star Of October IL. 1874, is a news ar
ticie which describes the legal situa-
ton then existing on this question:
Among the most interesting cases
TO come before the United States Su-
preme Court a the session which be-
gins today is that Of Philip VS. Payne.
which involves the legality of the
retrocession of Alexandria City and
county from this District to the State
OF Virginia. The defendant Payne.
is or was collector of taxes in Alex
andrfa County, for the State of Vir-
sinia. and the plaintiff, Philip. takes
the ground that Virginia has no right
TO collect taxes in that county. The
points on which the appellant relies
are: First, that when accepting the
cession OF Alexandria it became part
OF the permanent Capital of the
United States, and Congress had no
constitutional power to pass a Law
changing that relation; second. that
the act of retrocesson is invalid, be-
cause it was made dependent for it's
force and effect upon the votes of
majority OF the voters of Alexandria,
and Congress had no power to dele
gate to it legislative functions.
1.-The Supreme Court Of this District,
1t will be remembered, affirmed the
validity OF the transfer. Judge Will
loughby. who represents the appel
liant, will shortly made an application
, to the Supreme Court to advance the
case upon the calendar He has con-
suited the Attorney General of the
United States. who thinks it Of grave
| Importance that the case should be
| early decided. but it is not under
stood that the law officers OF the
| United States will take any part in
the argument.
alexandria was founded in 174S
and was incorporated in 1873. The
cession of the town and county of
Alexandria to the United States was
| made by an act of the General Assem-
bly, of Virginia December 8. 1889. Con-
gress accepted the cession in 1890 and
jurisdiction was extended over the
town and county of Alexandria on the
9th of February, 1901. From 1885
| there was growing desire on the
part Of the people of the town of
Alexandria to return to Virginia, but
| this desire was in no wise shared by
the people Of the county, who contin-
ued to the last almost unanimous
against retrocession. In 1888, after
| the repeal by Congress of the local
bank charter, the agitation upon the
subject became more active and per-
severing. Foremost among the young
men who promoted the movement was
Henry Winter Davis, then a resident
of Alexandria. In February. 1876, the
General Assembly of Virginia passed
an act providing for the acceptance
of the retrocessIon of Alexandria
Town and County upon the passage of
an act of Congress for that purpose
and it's acceptance by the voters of
Alexandria. On the Sth Of May in
the same year the House of Repre-
sentatives of the United States au-
thorized the retrocesSion by vote OF
| s5 to 100 Among those who voted in
the negative were John Quincy Ad-
ans, Jefferson Davis and Abraham
Lincoln 1t was adopted in the Sen
ate by a vote of SO to II.
THE voters OF Alexandria early in
September concurred in the retroces-
sion by a vote Of 1853 to 222, the polls
being kept open three days, and be-
| fore the close of the year the juris-
diction of Virginia was formally ex-
tended over the retroceded territory.
Nor has the subject failed hereto
| fore to be called to the attention of
eminent judicial tribunals. At the
time Of the Fetrocession there were
pending in the Supreme Court OF the
United States on appeal from the Cir
cult Court Of the District of Column
bia several cases, notably that Of
Bank Of Potomac rs. Mclaughlin.
Congress authorized the Supreme
Court to decide all such cases as be-
fore, and to certify the decision to
tho Circuit Superior Court Of Vir-
sinia for Alexandria, and the Legisla-
ture of Virginia authorized the latter
court to accept such decision as bind
| ing.
"At one time Mr.. Lincoln recon-
mended the recession of Alexandria
to the District by the joint action of
the United States and Virginia. Dur
ing the war it was proposed that the
general Government should take and
keep Jurisdiction under the war pow
err and just after the war tia subject
was agitated in the Senate ot the
United States, but was soon dropped