Evening star., 1929-06-07
BY DONALD A. CRAIG.

BY DONALD A. CRAIG.
II. as result of the present agita-
tion. it should seem desirable for the
Federal Government to regain all or a
part OF the territory on the Virginia side
Of the Potomac River which was once
a part Of the District of Columbia,
probably the best way to proceed, in
the opinion of many eminent lawyers
past and present, would be to open me-
gotiationS with the State OF Virginia,
and if possible, gain her consent.
That would be following the method
prescribed in the Constitution for the
acquisition of the District in the first
instance, which lawyers hold is as much
in force today as it ever was.
However, there are some lawyers
nowadays as there have been in the
past, who believe the same end might
be accomplished through the courts.
They would like to see the Federal
Government make serious effort to
have the Supreme Court OF the United
States deliver an express decision upon
the question of the constitutionality of
the retroceSsion act OF 1846. which they
believe to have been invalid.
Taft Raised Question.
William H. Taft. now Chief Justice
ot the United States, raised the ques-
tion of the constitutionality OF the
act when he was President in a public
address, and indicated a desire to have
the Supreme Court pass upon it, but
he did not carry out the plan.
In this connection 1t is interesting
to note that. while the Supreme Court
. has avoided an express judicial deter
mination OF this question, both that
court and one Attorney General of the
United States. Judson Harmon, have
in the past agreed, as previously point
ed out, that the act of retroceSsion
should be regarded as an accepted fact
fait accompn. not to be reopened or
disturbed. In 1902 subsequent to these
opinions the Senate judiciary commit
tee took a similar view of the matter
The committee was asked to report
upon joint resolution, which had
been introduced in both House and
Senate. directing the Attorney General
to bring suit to determine the constitu-
tionality of the retrocession act This
resolution recited that for purposes of
military defense, public parks. sanitary
safeguards and improvements police
protection. control of river shores and
the general welfare of the city and
suburbs Of Washington. it is desirable
that the City and the County of Alex
andria should be restored to the con-
troll of the Government of the District
of Columbia"
1t stated furthermore that "the inter-
ests Of the United States also require that
the establishment Of the seat of Gov
ernment shall not be subject to be
permanently modified or impaired by
the action OF any one or two of the CO.
ordinate branches of the Government" "
and that it is Just and equita able that
the State OF Virginia may be compen-
stated for the loss of revenues incident
to the restoration OF Alexandria City
and County to the exclusive jurisdiction
of the United States"
Suit Is Directed.
Containing the foregoing statement
in its preamble, the resolution went on
to provide that the Attorney General
be directed to bring such suit or other
proceeding at law or in equity, on be-
half of the United States against the
State of Virginia, or otherwise as may
in his Judgment seem appropriate, to
ascertain and determine If the cession
of part of the District OF Columbia to
the State of Virginia in lS46 was law
full and constitutional; IL said cession
shall be decreed to be unconstitutional
and Alexandria City and County are
thereby restored to the jurisdiction Of
the United States, to ascertain and re-
port to Congress what sum will in his
Judgment, be fair and just amount to
be paid by the United States to the
State of Virginia in lieu and place Of
the revenues said State now receives
for the support of the State govern
ment from said city and county"
This resolution never reached the
Attorney General. 1t was adversely re-
ported by the committee, the report
being made by the chairman, Senator
Hoar of Massachusetts.
1T seems to the committee" the re-
port stated, that it Is not expedient that
this act Of retrocession should be set
aside by Congress, even II Congress
have the power TO do SO, without the
consent Of Virginia.
AS to the suggestion that the re-
PROCESSION was unconstitutional it seems
to us the answer is that from the
nature of the case it is political and
not judicial question, and that 1t has
been settled by the political authorities
alone competent to decide it.
IF IL be desirable that Alexandria
become part OF the District OF CO.
lurbia again. the only way TO accom-
plish it will be to open negotiations with
Virginia and get her consent.
The committee therefore. reports ad-
versely and recommends that the reSo-
luton be indefinitely postponed"
Advise Against Move.
In view Of what has occurred in the
past In connection with efforts to raise
the question of constitutionality. many
lawyers today hold the opinion that.
while the United States might, if it so
desired. raise the question and have it
ludicially determined by the Supreme
Court, to do so now would be an act of
c6lf l., Ii
agree emphatically with this view. tax
ing the position that the matter is Of
so much Importance to the residents Of
Arlington County and to the Federal
Government, that al effort TO obtain a
judicial determination would be entirely
justified.
Those citizens Of Arlington County
VINO are active In movement TO
organize q Back to the District Club, "
with a membership composed OF men
and women OF the county who want
it restored TO its former status as a
part OF the District, say they are not
particular about the method TO be fol-
lowed. so long as the result Is obtained.
They are principally concerned at this
time in arousing public interest in the
question in the county, in the District
and in Congress.
Some of them wonder why the SIM
pie method, suggested by former stu
dents of the question has not been
adopted as the policy of those who have
directed similar movements in the past
namely, the opening of negotiations
with the State OF Virginia in an effori
to gain her consent-the method pre-
scribed by the Constitution for the
acquisition OF territory for the Federal
District
There is no assurance, Of course. that
the consent of Virginia could be OBJ
tanned. Representatives and Senator:
from that State have opposed the
movement in the past and apparently
they are still as much against 1t as ever