Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-03

In asking for the franchise residents
of the District of Columbia are united
In urging Federal suffrage, which means
granting legal residents the right to
vote for President and Vice President
and to elect at least one Senator and
Representatives in the House in pro-
portion to population.
A constitutional amendment is neces-
sary because Congress lacks power 10
grant national representation by law.
The Constitution gives Congress power
ito exercise exclusive legislation, IN al
cases whatsoever, over such olstrlct
mot exceeding 10 miles square, as may,
by cession of particular States, and the
acceptance of Congress, become the
seat of the Government Of the United
Ststcc."
According to this broad provision
Congress may set up under us
Jurisdiction any form of local govern.
ment and may even provide for local
suffrage. which existed in the District
for mole than 10 years; 1t may
place the District under any one OF the
Federal executive departments, or may
allow representation in Congress with
cut the right to vote. Congress
may not allow residents of the District
to vote for President and to elect their
own voting representatives in Congress
because these privileges are restricted
to residents of the States. An amend
ment giving Congress this power would
not limit its exclusive jurisdiction, but
would rather enlarge its powers.
An Enabling Act.
The amendment is in the nature OF
an enabling act. After 1t has been
passed by Congress and ratified by
three fourths of the States. Congress
will have the constitutional right to
grant Federal suffrage to the legal
residents of the District Of Columbia,
and it is likely to do so when 1t has
been assured that such Is the Will OF
the States.
Because the District is not State,
the amendment is needed to give It's
residents the right to sue and be sued
in the Federal courts. According to
the Constitution, the courts Of the
United States are open to controversies
between citizens of different States and
in other cases where a State court might
not be presumed to be impartial. 1t was
Chief Justice John Marshall who said:
ut is extraordinary that the courts OF
the United States, which are open to
aliens and the citizens of every State
In the Union, should be closed to them.
Special Status Of the District.
The proposed amendment would not
violate the intention of the trainers OF
the Constitution that an area mot eX-
ceeding 10 miles square" should be
under Federal governmental control, as
the seat of the Government Of the
United States. Residents of the Dis
trict recognize the need for Federal
Jurisdiction, but they quote Madison to
show that the trainers of the Consti-
tuition assumed that the citizens living
at the seat of the Government would
share the fundamental political rights
of all Americans: g. as the state
[ceding the territory will no doubt
provide in the compact for the rights
and the consent of the citizens in
habiting It; l.. =. as they Will nave
had their voice in the election OF the
Government which is to exercise au-
thority over them; as a municipal legis-
latlre for local purposes, derived from
their own suffrage, will Of course be
allowed them: every imaginable
objection seems to be obviated."
From their own experience the franz
ers were convinced of the necessity OF
preventing any conflict between State
and Federal jurisdictions over the same
territory Therefore they provided for
one sovereignty. "All the contemporary
evidence shows that the existence Of
political rights was not considered
incompatible with exclusive Federal
jurisdiction"
The United States Is the only nation
in the world where residents in its
capital are completely disfranchised. In
republics with constitutions patterned
after that of the United States, such
as the Argentine Republic, Brazil and
Mexico, the people of the federal dis
trict, which is under national control,
are represented In the national gov
eminent.
Present Indirect Representation"
Unsatisfactory.
The claim that the District Of Co
lumbia is already represented in Con-
gress by every member OF ooth Houses
who represents, not only his own con-
stituents, but also the District, Is open
10 both practical and theoretical OBJ
sections. Too often what is every
body's business is nobody's business"
Undoubtedly the committee on the
District of Columbia in both the Sens'e
and House Of Representatives and MAJ
other members Of Congress work con-
scientiously for the good Of the District,
but testimony in hearings has pointed
out how difficult it can be to secure
desired legislation when residents Of the
District have no exclusive claim upon
individual members. All Congressman
have more demands made upon them by
their constituents than they can easily
satisfy.
FURTHER, this so-called representation
is a denial of the first principle of our
Government, for, in the words Of the
Declaration Of independence, govern
ments derive their just powers from
the consent Of the governed" II the 10
colonies had accepted the suggestion
that people not of their own choosing
could be considered their representa-
tives, there would have been no reason
for the Declaration of Independence,
nor for the Revolution. District OF
Columbia residents have never accepted
their present status willingly. From
the time when the Federal Government
moved TO Washington and assumed legal
jurisdiction over the territory coded by
Maryland and Virginia, protests
have been made against the 'un-
American" and "unrepresentative" con-
dition OF American citizens living at the
seat Of the Government The words
written by citizen in 1901 apply today:
This body Of people is as much entitled
to political freedom, as much entitled
to the enjoyment OF the rights of citi-
zenship. as any other part of the people
OF the United States There can exist
no necessity for their acknowledgements;
no necessity for them to repose on the
mere generosity OF their countrymen TO
be protected from tyranny; to mere
spontaneous attention for the regulation
OF their interests They are entitled TO