Evening star., 1937-12-19
Ho'c Far Can Congress Delegate
Its EXCLUSIVE Legislative Power?
Head of d. C. Suffrage association and
Lawyer Lesh Differ on Question.
Court Opinions Cited.
To the Editor Of The Star.

The column entitled "Civic Prob
lens. Civic Bodies" appearing in The
Sunday Star of December S, 1887, con-
tains section entitled rs Local Self
Government Legally Obtainable?"
This question is phrased in such a
manner and the Interpretation of q
supreme Court decision is so incom-
'plete that the lay reader of The Star
Will undoubtedly gain the impression
that the constitutional power of Con-
gress over the District is so restricted
that nothing short of constitutional
amendment could give us an effective
voice in local affairs.
Interpretation Opposed.
Such Is not the case, as will be
perceived from a proper exposition Of
the Supreme Courts reasoning. in
the case cited (Stoutenburgh VS..
Hennick, 129 U. S. 14D. Hen
nick, a representative in the Dis
trict Of Baltimore business firm,
was convicted in the District Police
Court for engaging in business in
the District without license as
required by the act of August 90,
1871, passed by the then Legislative
Assembly of the District, a part of
the territorial form of government
existing here from 1871 to 1874. The
Supreme Court declared the act of
the Territorial Legislature unconstitu-
tional not, as the article seems to
imply, because Congress had not
power to delegate legislative powers
to municipal legislature in the Dis
trict for municipal purposes, but be-
cause the power sought to be exer-
clsed by the Territorial Legislature in
passing the act in question was in
contravention of the commerce clause
OF the United States Constitution
granting Congress the power to reg
ulate interstate commerce. Presumably,
the same decision would have been
rendered by the Supreme Court if a
similar question had arisen in con-
nectlon with a similar act of any
Legislature of any State in the Union.
Opinion of Chief Justice.
But the important point in that de-
cision, so far as the District is con-
cerned, was the opinion of Chief
Justice Fuller that "it is a cardinal
principle of our system of government
that local affairs shall be managed
by local authorities, and general
affairs by the central authority, and
hence, while the rule is also funda-
mental that the power to make laws
cannot be delegated, the creation of
municipalities exercising local self
government has never been held to
trench upon that rule. Such legisla-
ton is not regarded as a transfer of
general legislative power, but rather
as grant of the authority to prescribe
local regulations, according to i'm
memorial practice, subject, of course,
to the interposition of the superior in
cases of necessity" The learned Chief
Justice then said that Congress, hav-
ing the power Ito exercise exclusive
legislation in all cases whatsoever"
over the District of Columbia, pos
sessed "the combined powers Of a
general and State government in
all cases where legislation is possible, +"
but, "as the repository of the legisla-
tive power of the United States, Con-
gress in creating the District Of
Columbia a body corporate for NUM-
cipal purposes could authorize it to
exercise municipal powers
1t is therefore plain, considering this
decision in its true light, that Con-
gress does have the constitutional
power to give District citizens a COM
plete municipal government with full
municipal suffrage and not, as the
article says. only IAN emasculated local
government"
(Signed) WILBUR S. FINCH
President, D. c. Suffrage Association;
chairman, Local Suffrage Committee
of the Federation of Citizens Asso-
citation.