Evening star., 1938-01-02
More on Congress- Delegation
NExclusive Legislative Po,ver
President Finch of Suffrage Group and
Lawyer Lesh Offer Further Vie,vs on
Self-COUernn1en Question.
70 the Editor of The Star:

AZ tuc nruitW ol 1He ctaT.
I WISH to thank you for pub
fishing on the civic page of
The Sunday Star of Decem-
ber 10 the statement which I
sent you two weeks ago, on
December 6, in which I sought
merely to correct a misleading
Interpretation of Supreme
Court decision by your column
entitled Civic Problems, Civic
Bodies" (Sunday Star of Decem-
Der 81 in an attempt to answer
the question "Is Local Self
Government Legally Obtaina-
ble?" As will be perceived from
its contents and It's brevity, nv
statement had no other purpose
In view.
Heading Held Not Justified.
You flattered me, however, by giving
my humble statement equal promi-
nence with an interesting legal opin-
ion written by Mr.. Paul E. Lesh, dis
tinguished member of the bar of the
District, in which he answers the ques-
ton as to How Far Congress Can
Delegate It's Exclusive Legislative
Power" But your subheading to our
statements, which says that Head of
D. c. Suffrage Association and Lawyer
Lesh Differ on Question is not JUS
titled by proper comparison of the
two statements.
There is nothing in my statement
which differs with Mr.. Lesh's opinion
that the power to exercise exclusive
legislation in all cases whatsoever
which is vested by the Constitution in
Congress itself, cannot be delegated to
local Legislature or commission with
out amendment to the Constitution;
that the power which Congress can
not delegate is the power which is
comparable to that exercised by the
State legislature; that no more
power could be delegated to local
legislative assembly than could be
delegated to the appointed Commits
sloners OF the District of Columbia; +;
that we have had long series Of
adJudications as to the authority
which can appropriately be exercised
by the Commissioners. though in al
most all of the cases the question has
been as to what municipal power has
been delegated to the Commissioners
by Congress rather than the power of
Congress to delegate more if Congress
so will; and that the delegation by
Congress to any local tribunal of its
power to legislate for the District of
Columbia, as distinguished from the
power to make municipal regulations,
now exercised to limited degree by
the Commissioners, is not possible
without constitutional amendment" :"
Issue might be taken with some of
these statements, but certainly my
statement as published by you does
not do so.
Opinions Seen in Agreement.
On the other hand, my statement
"that Congress does have the constitu-
tional power to give District citizens
complete municipal government with
full municipal suffrage finds support
in Mr.. Lesh's opinion when he says
that Congress can, and has from
time to time delegated the power to
make such municipal regulations as
are customarily made by the municipal
authorities of other cities" and that
ait is possible and desirable that
greater authority over municipal af-
fairs be granted to the Commissioners
or to such municipal authority as may
be set up in succession to them"
The case of Roach v. Van Riswick,
cited by Mr.. Lesh, is further proof
that my contention is correct, for the
Supreme Court of the District of Co.
lumbia said in that case. according
to Mr.. Leshs quotation, that 1T is
admitted, that even without any eX-
press constitutional authority, a
legislature may create municipal cor
porations with certain powers of local
government. According to the spirit
of our institutions, the regulation of
local concerns in town is considered
as properly belonging to its inhab-
ttants, and not properly the subject
of general legislation, and it is hardly
looked upon as a delegation of legis-
lative authority, properly SO called,
to confer this power of regulation on
local boards, assemblies. or other in
ferior officers" And We must not
overlook the fact that the Supreme
Court of the United States in the
case OF Barnes V. District of Co.
lumbia (9l U. S., 540) said that "the
Legislature may give it "a municipal
corporation) all the powers such a
being is capable of receiving, making
1t miniature State within its To-
cality"
Powers Seen rs Broad.
One has but to familiarize himself
with the self governing municipalities
all over the United States to ascer-
tain what powers such being is
capable of receiving They are very
broad and include the control of
streets, parks, public recreation, water
supply, public anitatpn. police ad-
minstration, police courts, fire pre-
vention, fire protection, public health
and hygiene, schools, public lighting,
municipal transportation, the regula-
ton of municipal utilities and mu-
nicipal finance, including the levying
OF municipal taxes and assessments,
the collection and expenditure OF the
same. (See Munro, Municipal Gov
ernment and Administration, pub
lShed by the Macmillan Co., l925.)
1t must be admitted by any one
really interested in obtaining a voice
IN governmental affairs that the con-
troll of such things as are related in
the preceding paragraph would be an
excellent beginning for the inhabitants
1T the seat of government in their
campaign for enfranchising them
selves. And that is why the District
OF Columbia Suffrage Association,
knowing that Congress, as our State
Legislature, can give us such control
now. is seeking action by Congress
looking toward that end.
WILBUR S. FINCH.
President D. G. suffrase Association:
Chairman, local Suffrage Committee,
Federation of Citizens Associations