Evening star., 1937-01-08


was no apparent obstacle to the
operation of self-government. even
under the peculiar system estab-
lished for the Capital, and con.
sequently, as Is amply shown by
the Interpretation of the Federalist
and of early Congresses, no anom-
ally whatsoever was here contem-
plated. 1t may be inquired: How.
then, did the well-established idea
of constitutional prohibition artist?
In the early days Of the Capital
the reproaches Of tyranny and
slavery occasioned by the denial
to the District Of anything like
State government, were frequently
met by citing the Constitution, as
was the case in the House Of Rep
resentatives in 1903; and 1t Is prob.
able that an extension and per-
version OF the idea Is the cause Of
the attempt to make the Constitu-
ton cover the additional tyranny
and slavery Of non representative
government in local affairs. But
such an attempt involves the as.
sertion that all the popular gov
ernments Of the District, municipal
as well as territorial. until the in
stitution Of the commissioner sys-
tenn in 1874, were unconstitutional:
and in view of the conclusive sane
tion of the signers of the Constitu.
ton themselves such an assertion
is obviously an absurdity. The con-
stitutional argument for benevo-
lent despotism in local affairs Is
quite untenable. and that system
must rest on purely practical argu.
ments or fall"
In large measure. many Of the
irritations and annoyances Of resi-
dents of the District over the
problem OF fiscal relationship be-
tween the Federal and District
Governments spring from the fact
that the District government itself
and the citizens have had little
control in the determination Of
local administration and hscal af-
fairs. The granting of broader
control over such purely local af-
fairs would clear up these difiicul.
ties, would place the responsibility
definitely upon the residents ard
local officials, and would provide
for more effective means of ad-
ministration and fiscal planning.
and operation.
Two Major Stages for Granting
Powers Urged.
1t is believed that the granting
OF broader powers over local af-
fairs should be awarded in two
major stages. Pending the grant,
ing of the right of local suffrage,
there should be created immedi-
ately an advisory council consist
ing Of representatives Of the Fed
eral and District Governments and
representative citizens of civic
groups appointed by the President,
such council to advise on the LIAM
ming Of municipal services and i'm.
provements, the original prepara-
ton Of the District budget, the
determination of tax and revenue
sources, and the improvement: of
administrative organization and
procedures and continuing consul
tation on other matters affecting
local governmental operations, ex-
penditures, and results. The exist
ence of such an advisory council
will Immediately have the effect of
giving the local residents more
direct voice in local affairs and
would place greater responsibility
upon local public officials. By The
same token, the advisory council
would be in position to furnish to
the Federal Bureau of the Budget
and to Congress important supple
mentary information which would
help in better administrative and
budgetary planning and continue
ing improvement in the admins.
tration Of local affairs and in rub-
lie expenditures.
Either In the act establishing the
ADVISORY Committee or In a sep
arate congressional enactment. pro-
vision also should be made for the
granting Of local suffrage to District
residents subject to referendum
upon the question. In order that
the residents may have ADEQUATE
opportunity to pass upon this cues
ton this provision might well be
phrased to give District residents
the right to vote on the question not
oftener than once in four years, at
special election called by the
District Commissioners upon the
petition Of 4 specified percentage of
legal residents.
Municipal Council
For Certain Legisla ton Sugsested,
The section OF the statute grant
Ing local suffrage to the District
residents might include the power
to elect a municipal council to
legislate on matters concerning the
plan and structure Of local admin
istrative organization, authority for
the formulation and administration
of the operating and capital i'm
provement budgets, revenue and
expenditure control and the enact
ment and enforcement of local reg.
ulatory ordinances. BY these means,
control and responsibility for serv.
ices and costs would be squarely
upon the District government it.
self and the power and right to
maintain or change the govern.
ment would be in the people Of the
District.
The legal residents of the Dis
trict, Of whom more than 400 900
are estimated to be Of voting age,
have no vote in national affairs be-
cause the District is not q State.
Under Article III, Section 2 of the
Constitution, the Federal courts
are open for the adjudication of
controversies between citizens Of
different States and in other cases
when State court might not be
presumed to be impartial. However,
as the District Is not q State, Dis
trict residents cannot sue or be
sued in Federal Court. but are
required to apply to State courts
in their litigations with residents
Of other States. Comments on this