Evening star., 1925-03-09
Claims Right to Vote.
Reader Says District Residents
Entitled to Use Ballot.

To the Editor OF The Star:
A new angle of view upon the SUBJ
ject of the right to vote in the Dis
trict of Columbia seems to show that
this constitutional right exists in the
proper residents of the District of
Columbia, and has never been taken
from them by either the constitu-
t.onal provision concerning the seat
OF Government, nor by statute. 1t
could not be lawfully dcre by statute
IL not SO authorized by the Consti-
tuition.
The Constitution, as we all know.
gives the right to vote to all citizens
! of the United States; the election ma
chinery Is provided by the laws of
| the State wherein he resides and
votes.
The Constitution of the United
States, Article l, Section VIII, provides:
The Congress shall have power"
| (clause 10 ITO exercise exclusive
legislation in all cases whatsoever
over such District (not exceeding 10
miles square) as may, by cession Of
| particular States. and the acceptance
of Congress, become the seat of Gov
| ernment of the United States, and
/ to exercise like authority over all
places purchased by the consent OF
| the Legislature of the State in which
!
4 OF forts, magazines, arsenais, dock
| yards and other needful buildings"
| There II stops, and does not add
| that the right to vote, conferred upon
| the citizens of the United States re-
! siding within such bounds, or any
| other rights, shall be taken from
! them. The right to vote, especially
| when taxed, was already abundantly
declared to be sacred by the founders
4 of this Republic.
| 1t is reasonable to say that no
right is to be taken from the resi-
dents of the District of Columbia or
| military or other reservations except
| such as absolutely necessary in order
/ to carry out the provisions of the
/ Constitution.
| Depriving the citizens of the United
| States residing within the District
| of Columbia of the right to vote on
questions of the election of President,
| Vice President, constitutional amend
ments and some other matters Is
| not necessary to the exclusive right
| OF legislation, in Congress, for the
| District.
Therefore, il is also reasonable to
declare that this right to vote was
never, in fact or in law, taken from
such citizens. The truth Is Congress
simply failed to provide by law for
| the necessary election machinery.
| In those early days the District of
| Columbia was negligible COM
munity. but it is otherwise now. The
District of Colum bia is more populous
and more wealthy and pays more
| taxes and contributes more soldiers
| in time of war than some four or five
of the States.
| II is plainly the intent of the Con-
| stitution that there shall not be any
| legislature In the District Of Colum bia
running in opposition to or inde-
| pende entity Of Congress. Congress
| itself is the local Legislature of the
District of Columbia. and it would
not violate such intent, nor be in
derogation OF the powers of Congress,
! that the District be represented in
| Congress by a delegation elected by
| the people of the District. If it be
conceived that part of the purpose
of the Constitution was to provide a
placid community, free from local po-
| litical turmoil and bitterly contend
| ing parties or races, which is quite
possible, this would not be a valid
| objection against voting on national
| issues.
The District of Columbia differs from
| the Territories in this regard, for the
reason that the residents of what be-
! came the District of Columbia already
possessed their full political rights as
voting citizens, whereas in the case Of
| the Territories such rights have not yet
been conferred. II might be argued, as
an extreme line of thought, that all
rights possessed by the residents of that
portion of Maryland later ceded to the
general Government were surrendered
by such cession only so far as neces-
sary; that the jurisdiction of Maryland
still extended over the people residing
in the District for purposes of provid-
ing an election machinery provided the
general Government did not do 80, but
any legislation by the Maryland AS
sembly to that end would have to be
conditioned upon acceptance thereof by
Congress, in order to accord with the
right OF Congress to exclusive legisla-
ton. Maryland at times does this in re-
gard to the counties, passing acts sub
| Ject to adoption by each county, thus
giving to each county something like
sovereignty-a very beautiful contras
to the voteless. but taxed, condition in
the District of Columbia
II this voting right still inheres in the
people of the District II is incumbent
! upon somebody, some Legislature. either
| or Maryland or Congress, to provide the
| election machinery for the exercise Of
| this right. To fail to do 80 is to deny the
| exercise of the right; it does not DENY
-S"N i1ochi' II lHey Idll TO act,
| quaere, whether the people might get
togther and formulate their own election
! machinery, and demand the acceptance
| or the results. This Is vague and uncer-
tain and fraught with difficulties.
1t was no doubt thought by the foun-
ders that sef-interest, in Congress
would Lead to model condition of pub
| nc local government in the District of
Columbia. but experience has shown that
self-interest has other ways of actinr
| also, with other peoples interests.
ARTHUR r. COLBURN.