Evening star., 1925-01-22
Washington and the Constitution.

violates any provision of the Con
stitution, is to renew the slurrine
suggestion that Congress has not only
exclusive" but unlimited power in
lesislating for the District, and that
Washingtonians do not enjoy the
protection of the constitutional bill
of rights and Of the other safeguards
of life and property which the Con.
stituion provides.
The Supreme Court of the United
States, in the insular tariff cases of
1901. and especially in Downes VS..
Bidwell, as reafirmed and extended
in the second case. of Dooley VS..
the United States, discusses in minute
detail the relation of the Constitution
to the varied forms of territory of
or belonging to the United States.
Porto Rico, the Philippines and other
territory acquired by war from a
foreign state constitute ''appurtenant
territory" as territory appurtenant
to the United States, but not incor-
thereof. The organized territories.
the District of Columbia and the
States are as integral parts within
the United States.
The opinions in Downes VS.. Bidwell,
when analysed and compared. indi-
cate the opinion of the court that
even the people of "appurtenant ter
ritory' are far from being subjects
or slaves, to be governed as such by
Congress outside of the Constitution,
and unprotected by that instrument;
that, on the contrary, the national
organic law is operative in their ter
Titory; that the general prohibitions
Of the Constitution for the protection
Of life, liberty and property are ap-
plicabIe in their favor, like those
against eX post facto laws, bills of
ettainder, titles of nobility and sus-
pensions Of habeas corpus, and that
they probably enjoy the benefit of
practically all of the personal priv
ileges guaranteed by the bill of
rights embodied in the first eight
amendments.
The organized territories, whether
governed as an incident of the power
to acquire territory or by virtue of
the unqualified power of Congress
''to dispose Of and make all needful
rules and regulations respecting the
territory or other property of the
United States,'' are within the United
States" and enjoy the constitutional
safeguards without the deficiencies
and disabilities peculiar to appurte-
nant territory and its occupants.
Eight of the nine justices agree
that the organized territories are out
side of "appurtenant territory" All
nine Of the justices agree that the
States and the District of Columbia
are outside of it. As Mr.. Justice
Brown points out in Downes VS.. Bid
well, the District of Columbia. orig
tnally constituted Of portions of the
sovereign States of Maryland and Vir-
ginia, was and is unmistaka bly,
within the United States, for reasons
which do not apply in the case of
the territories.
In deciding what provisions of the
Constitution We're applicable in Porto
Rico the court recognized the exist
ence of general prohibitions in the
Constitution in favor Of life, liberty
and property Of the citizens. which
are not mere regulations as to the
Sorm and manner in which conceded
power may be exercised, but which
are an absolute denial Of all author
aty under any circumstances or con-
ditions to do particular acts. Among
the natural rights enforced by the con-
stitutional prohibitions are classed the
right to personal liberty and indi-
Vidual property and to due process
of law.
The fifth amendment contained in
the bill of rights says: mo person
shall be deprived of life, lib
erty or property without due process
of law; nor shall private property be
taken for public use without just
compensation"
Washingtonians as persons" citi-
zens of the United States residing in
Il district within the United States"
are protected as fully as any other
Americans by these constitutional
safeguards. The power of Congress
TO exercise legislation in the District
is exclusive (of the States or any
body else), but is strictly limited by
ell the constitutional prohibitions and
restrictions.
The Constitution says: mo State
shall pass any law
impairing the obligation of contracts -
No power is given to Congress to
pass such a law, nor is it specifically
forbidden.
The Constitution declares that 1.-The
powers not delegated to the United
@tates by the Constitution nor pro-
aibited by it to the States are reserved
10 the States, respectively, or to the
people, The power to impair the
obligation of contracts is not dele
gated to the United States, and if
not prohibited to the States would be
reserved to them or to the people
But this power is prohibited to the
States and apparently lodges nowhere
The trainers Of the Constitution did
not view the power to impair the
obligation Of contracts as necessary