Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-06-06
BY DONALD A. CRAIG.

to restore the county to the District
of Columbia, those persons who have
revived the movement appear to be
actuated by the same considerations
which have been at the bottom of SIM
liar movements in the past. They
argue that the act of retrocession,
passed by Congress in 1916, was not
only unconstitutional, but was against
the public interest.
In addition they have raised another
objection to the act, which in some
quarters is regarded as the most i'm
portant of all, namely. that 1t was too
Sweeping-that it granted too much.
They are not contending today that
the original lines of the District be
restored In their entirety, but only
in so far as to include Arlington
County, while leaving the City Of Alex
andria In Virginia.
They hold that, although Congress
may have been justified in receding
Alexandria City-then called town
to Virginia, because it lay some dis
lance away from the City Of Washing
ton in the southernmost corner OF the
old District, it was a mistake and
against the public interest to recede
the rural part of Alexandria County,
now Arlington County, because that
6espoiled the seat of government Of
necessary or important, part OF its ter
ritory.
Agree With Shaw.
They agree with Albert Shaw, editor
and author of works on politics and
political economy, who once wrote:
ut cannot be said that up to the
present moment the development OF the
City of Washington has been greatly
hampered by the loss OF Alexandra
County.
be perceived that President James <.
Polk, who issued the proclamation OF
transfer on September Z, 1846, ought
to have vetoed the whole proceeding.
The United States Government main
tains on the Virginia side of the river
the military post of Fort Myer and the
great National Cemetery of Arlington.
The rapid growth Of public institutions
in and about Washington, together with
that of population, will soon make 1t
evident that the territory on the west
side of the river ought to be controlled
and developed, as respects its street
system and its various appointments,
by the same enlightened and generous
authority that has beautifled what re-
mains of the Federal District and made
1t a source Of pleasure and PRIDE 70 the
whole Nation"
Mr.. Shaw said that at either later
or an earlier period in American MS
tory the act of retrocession, In the
form In which it was passed, would
have been impossible.
1--WE have reason to be thankful" he
wrote, that the Federal District was
chosen and the lines of the new Capt.
tai City laid down while washington
was President and while American pub
lie men were gifted with the sense OF
historic vision and proportion.
What Happened in 1916.
"a generation or two later everything
would have been done on mean scale
and in q shortsighted manner. This IS II,
Illustrated by what actually happened
in 1S46.
"There arose a movement to secure
a retroceSsion back to Virginia OF tnat
part Of the Federal District on the west
side of the Potomac. Because 1t was
not needed for Federal purposes m IN tn ie
ilhlstrio,Is wear OF our Lord 1846, II
seemed wholly impossible for the people
then in control Of our destinies to rise
to the conception that 1t might De
needed at some future time.
"The question was submitted to
vote of the inhabitants of that part OF
the District. Nine hundred and elgnty-
FIVE people went to the polls, 222 OF
them to sustain the views OF George
washington ana SHOW CAA0h AoAO4 -
the future and 1853 of them to vote that
they preferred to be citizens OF Alex
andria County, Va, rather tnan tne
Federal District of Columbia.
ITO be sure, it is not so strange that
the inhabitants should have voted that
way as that Congress should have been
so petty and supine as to have mutt
lated a Federal possession that WASH,
ington and his colleagues had secured
-%aIy md
noble faith in the future Dotn OF the
country and Of its Capital City.
Naturally enough, some citizens OF
Alexandria were ambitious to partlcl-
pate in Virginia politics. The country
had passed through a very exciting cam
paign when William Henry Harrison
was elected, in 1910, and still more
exciting one when James K. Polk de-
feated Henry Clay, in 1874. Doubtless
the men of Alexandria disliked the po..
litical limitations under which they had
no direct part in the political activities
of that boisterous period"
Divided in Opinion.
Eminent lawyers in Congress and out
side have afarmed and denied that
Congress had the constitutional author :
ity to recede any part OF the DlStrict
to Virginia. Efforts have been mace
without success, to have the supreme
Court of the United States expressly
pass upon the question. In 1875 a suit
was brought on behalf Of a citizen OF
Alexandra County against the tax COL
lector. designed to test the question.
THE court, however, avoided any ex-
nress decision as to whether the act OF
retrocession was constitutional, but helo
that the plaintiff, as a citizen OF that
county, was estopped from denying IL
The court held that the United STATES
and the State of Virginia were the
narties to the act Of retroceSsion, ano
mat as these parties were satisfied and
had long acQuieSced in the transfer OF
the county, without objection or pro-
test. it was not competent for a private
litigant to question the constitutionallty
of the act.
It was further held by the court that
the act involving the cession OF terri.
tory, being the. exercise OF politlca
power. could not be reviewed by the
courts, at least, at the instance Of
private citizen.
Considered in 1896.
The Senate committee on the District
of Columbia considered the question If
1895. when Senator Mcmillan of Mich
iean was its chairman. The Senate, a
the instance of the District committee
appointed a park commission to plar
the future development Of the City O.
Washington, with reference to parks
bouievaTds, etc. incidentally, the com
mittee's attention was directed to TIT
Virginia environs Of the Capital.
On motion by Senator Mcmillan thu
Senate adopted a resolution requesting
the opinion of the Attorney General re
garding the constitutionality Of the &C
OF retrocession and asking what step
would be necessary to regain that terri
tory for the District.