Evening star., 1938-04-26

$50
Stltution, 1t is provided that the judi
cial power Of the United States shall
extend to all cases, in law and equity,
arising under this Constitution, the
laws of the United States and treaties
made, or which shall be made, under
their authority to controversies
between two or more States: between
a State and the citizen of another
State; between citizens of different
States; between a State, or the
citizens thereof, and foreign states,
citizens or subjects"
The Judiciary Act of 1890 creating
the United States courts and providing
for their jurisdiction recognized and
conferred jurisdiction upon the Fed
eral Courts in cases where diversity of
citizenship existed. This is most
important branch of Federal juris-
diction and has consistently been
maintained.
Disability of District Residents to Sue
in United States Courts.
Although there can be no doubt that
the trainers of the Constitution never
intended to discriminate in this re-
spect between the citizens of the Dis
trict and those of the States, the fact
remains that the District of Columbia
is not State within the meaning of
the constitutional provision authoriz-
Ing citizens of one State to sue and be
sued by citizens of another State in
the courts of the United States (Hep-
burn vs.. Ellzey, Cranch, AS, 452;
Geofroy VS.. Riggs. 1873 U. S., 258,. 269) ,
although it has been held by the Su-
preme Court to be State for the
/ purpose of direct taxation dough-
borough VS.. Blake, Wheaton, 3l7).
Attention was called to this anomaly
by Chief Justice Marshall in his opin-
ion delivered in the case of Hepburn
VS.. Ellzey just referred to, in which
he stated:
1T is extraordinary that the courts
of the United States, which are open to
aliens and to the citizens of other
States in the Union, should be closed
upon them District residents). But
this is subject for legislative, not for
judicial, consideration.
No sound argument can be presented
for the existing discrimination between
citizens Of the District and those OF
the States when it comes to the ques-
ton OF affording relief so far as suits
in United States courts are concerned
This right is even granted an alien, but
denied under the Constitution to a
citizen of the District. The right is a
valuable one and has been consistently
so recognized since the adoption of the
Judiciary Act in 1890. 1t is time that
this discrimination should cease and
the people of the District given the
same rights in all respects as citizens of
the States through adoption of con-
stitutional amendment such as pro-
vlded in the present resolution.
No Change in Form of Local
Government.
BY Section 8, Article I, of the Con-
stitution, Congress is authorized to
exercise exclusive legislation in all
cases over the District Of Columbia.
The amendment to the Constitution
proposed by the joint resolution under
consideration in no way affects this
absolute control and jurisdiction, but
Congress will have the sole power to
1nOic1ofo
tee feels strongly that there should be
no change in respect to this relation
between the Federal Government and
the local municipality. The present
commission form of government has
worked we'll and satisfactorily, and so
long as the power rests in the President
to appoint the municipal executives of