Evening star., 1934-05-15

legislative powers, among tnem Llc
sovereign power of taxation and
assessment, and from the fact that
municipal ordinances are elsewhere
to be found, analogous to the so-called
regulation here in question, it Is not
to be inferred that similar powers
exist in the Commissioners of the
District of Columbia. The Commis-
sioners are not the municipality, but
only the executive organs Of it; and
Congress has reserved to itself not
only the power of legislation in the
strict sense Of the term, which it
cannot constitutionally delegate to
any one or to any body of men, but
even the power Of enacting municipal
ordinances, such as are within the
ordinary scope of the authority of
incorporated municipalities. 1t has
delegated to the Commissioners simply
the power of making police regula-
tions' and only such police regulations
as are usual and commonly known
by that designation.
View of the Courts.
There have been many other de-
cisions which follow the same gen.
eral line Of thought.
Summing up, it would seem that
the opinion of the courts is, first.
that Congress cannot delegate general
legislative powers in the District of
Columbia; secondly, that such powers
of municipal regulation as are dele
gated must be definite and specific;
thirdly, while an ordinary power of
municipal legislature is to levy mu-
nicipal taxes, it is a question whether
this could be an ordinary municipal
power in the seat of government and
whether such power could constitu-
tionally be delegated by Congress.
In this connection Corporation
Counsel Prettyman recently tod the
Senate District Committee that:
TT may be apropos to state that
there is ample authority in decisions
throughout the country for the dele
CATION of the power to make purely
municipal regulations. However, some
Of the cases indicate that this may
not be true with respect to the power
to levy and collect taxes, if the body
to which the authority Is delegated is
one in the appointment of which the
people have no voice"
The delegation Of the power Of
municipal regulation to the Commis-
sioners has increased through the
years, and. according to a recent
memorandum on the subject by the
corporation counSel's office, now in
cludes specific powers of regulation
on many subjects.
Back to the Days Of 1870.
But Senator Kings BILL enlarging
the powers Of the Commissioners,
goes much further along such lines
than anything attempted in recent
years. A significant view of the
pending legislation is contained in
a paragraph Of a memorandum trans
mitted to Congress some time ago
from the corporation counsels Office,
which states:
Whatever view may be taken Of
the variant opinions upon the ques-
ton of delegated powers it is appar-
ent that the present bill harks back
lative Assembly. and If enacted into
law would restore to the municipality
the powers granted by that act and
again clothe the District of Colum-
bia with a full power Of municipal
regulation and control"
1t was the power of that Legislative
Assembly to legislate. of course, that
brought the court attack mentioned
earlier in this article.
Broad Powers Conferred.
Senator Kings bill gives to the
Commissioners power to make munic-
ipal regulations and ordinances they
may deem necessary and proper upon
any subject within the District of
Columbia to the extent that power
to make such municipal ordinances
and regulations may. consistently
with the Constitution Of the United
States" be delegated to the Commits
sioners. Under the bill the Com
miSsioners have the power to fix,
change and collect fees for licenses.
permits, inspections. etc, now or here
after required by any law or munich
pal ordinance or regulation. The
Commissioners are given the power
not only to fix penalties of fines for
violation Of their own regulations,
but to fix penalties of Imprisonment
up to one year.
But the really sweeping delegation
of power is included in the section
which reads:
"All laws heretofore enacted by
Congress shall remain in force and
effect until the Commissioners pro-
mulgate regulations or ordinances in
consistent Herewith in conformity
with the provisions Of this act; and
the fact that Congress may hereafter
legislate on any such subject shall
not be deemed limitation upon the
powers of the Commissioners to make
further municipal regulations and or
dinances upon the same subject not
inconsistent with such legislation.
1t would seem that this section
not only permits the Commissioners
to enact effective municipal regula-
tions in respect to subjects upon
which Congress has already legis-
lated. but to enact municipal regu-
lations which shall even supersede
acts of Congress.
<Ao OAVCA POilAeCQ Out, any QeIe-
CATION Of authority to the Commits
Sioners that would enable them to
take over some Of the regulatory
and quasi-legislative powers that
consume the time of a busy Con-
gress would act not only to relieve
Congress of routine and relatively un-
important matters, but would also at
the same time work to the advantage
of efficiency in local government.
1t would be of great advantage If
test case could be instituted in the
local courts, and carried to the
United States Supreme Court, the
result of which would be to pro-
duce definite and clear understand
ing as to where the delegating powers
of Congress end under the Consti-
tuition. Senator Kings bill, If made
law, would doubtless lead to a more
effectively functioning local govern