Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-06-03
Will She Come Back Home :

Alexandrias victory over Arlington
County in the recent annexation case
gave some life to the sentiment which
has always existed in the county
toward coming back" to the District
of Columbia. And now that Representa-
tive Gibson has stated that he intends
to have the legality of the act Of retro
cession, by which the District lost
Arlington. looked into, one feels conf
dent that an old question, never settled,
is due for another airing.
Mr.. Gibson intends to do what others
have tried to do before him. He would
like to determine whether Congress had
any right to pass the act of retrocession
of 1916, and whether it was constitu-
tional. But however universal may be
the opinion that Congress was short
sighted and President Polk was unim-
aginative, the fact remains that Con-
gress did what it did and Mr.. Polk
signed his name to 1t. The preamble
to the act itself stands today as TIRE
futable evidence of the lack of vision
on the part of the lawmakers of 1846.
Experience hath shown" it sayeth,
that the portion of the District of
Columbia coded to the United States by
the State of Virginia has not been, nor
is ever likely to be, necessary for that
purpose" that purpose being a seat
for the Federal Government.
AS soon as the territory was receded
there was protest from the citizens
who voted against 1t, and they raised
the question of constitutionality without
result. In 1875 a taxpayer brought a
suit to test the validity of the act, but
failed to get very far with 1t as the
court held that the question was be-
tween the United States and the State
Of Virginia. In 1896 resolution was
introduced in the Senate by Senator
Mcmillan, asking the Attorney General
to give an opinion on the constitution
atty Of the retrocession act, and while
the Senate adopted the resolution the
Attorney General lodged the issue, but
suggested that the type Of legislation
necessary to get the territory back from
Virginia was indicated IN the Constitu-
tion-cession by the State involved.
In 1902 the Senate judiciary commit
tee declined to report favorably on a
joint resolution directing the Attorney
General to bring suit to test the validity
of the retrocession act, Senator Hoar
suggesting that the only way to get
back the territory was to negotiate with
Virginia. Chief Justice Taft, as Presi-
dent, not only emphasized the i'm
portance to the Capital of recapturing
its lost land in Virginia, but said that
If Congress would give him permission
he would direct the Attorney General
to bring suit to test the act of retro
cession. His term as President ended
before he obtained permission. Mr.
Taft gave the District thirty years to
reach the limits of its own boundaries
That was not quite twenty years ago.
1t was the denial of right to vote and
| participate as citizens in the political
battles of the Nation that lost the
Capital this section Of Virginia. Retro
cession was brought about by citizens
who had become mere pseudo-citizens,
| and who did not relish it. And the
right to vote and the considerations
of politics-not questions of constitu-
tionality-will stand in the way of an
other cession, by Virginia, of Arlington
County to the voteless and politically
impotent Capital.
Washington needs Arlington. Wash
ington welcomes her. But are We
attractive enough to tempt her?