Evening star., 1940-03-21

Congress from putting on these
courts additional and advisory duties
based upon the power of Congress
to govern the District.
The purpose of article III was to
create an independent judiciary
with powers conferred directly by
the Constitution. These powers can
not be taken away by Congress. The
Constitution guarantees to certain
persons the right to demand the
exercise of these powers under
certain circumstances For example,
citizen Of State may do so when
involved in a case or controversy
with citizen of another State The
mere fact that the Constitution
guarantees this right to the citizens
of State in no way prohibits the
Congress from extending that same
privilege to others who are not
technically citizens OF a State. This
does not mean that Congress may
indiscriminately add to the juris-
diction or authority of the courts.
Its power to so add must in any case
be found in the Constitution.
The above argument applies with
equal force in regard to the Terri
tories of Hawaii and Alaska. Au-
thority to legislate for the Territories
is found in the Constitution cart w,
sec, -, in the following language:
The Congress shall have power
to dispose of and make all needful
rules and regulations respecting
the Territory or other property
belonging to the United States.
1t is submitted that H. r 1922 is
a reasonable exercise of the constitu-
tional power of Congress to legislate
for the District of Columbia and for
the Territories. 1t should be borne
in mind that the citizens of the Dis
trict of Columbia and of the Terri
tories are citizens of the United
States. They are subject to the
burdens and obligations of such citi-
zenship just as are the citizens of
the 4S States. Simple justice requires
that they should share the rights
and privileges of such citizenship
insofar as Congress has authority to
confer it upon them This is the
real intent of the Constitution.
In compliance with clause "a of
rule XIII, existing law is printed
below in roman with new matter pro-
posed to be added printed in italic:
Judicial Code, section "a,
amended, paragraph l Gu. S. c.,
title %, sec. Al. The district
courts shall have original juris-
diction as follows:
First. OF all suits of a civil
nature at common law or in
equity, brought by the United
States, or by any officer thereof
authorized by law to sue, or be-
tween citizens of the same State
claiming lands under grants
from different States; or, where
the matter in controversy ex-
ceeds, exclusive of interest and
costs, the sum or value of $1,000
and (a) arises under the Consti-
tuition or laws of the United
States, or treaties made, or which
shall be made, under their au-
thority, or (b) is between citizens
of different States, or citizens of
the District of Columbia, the
Territory OF Ha,Uaii, or Alaska,
and any State or Territory, or
Co is between citizens of State
and foreign states, citizens or
subjects. No district court shall
have cognizance of any suit lex
cept upon foreign bills of ex-
change) to recover upon any
promissory note or other chose in
action in favor of any assignee,
or Of any subsequent holder if
such instrument be payable to
bearer and be not made by any
corporation, unless such suit
might have been prosecuted in
such court to recover upon said
note or other chose in action if
no assignment had been made.
The foregoing provisions as to the
sum or value of the matter in
controversy shall not be con-
strued to apply to any of the
cases mentioned in the succeed
ing paragraphs of this section.
Notwithstanding the foregoing
provisions of this paragraph, no
district court shall have jurisdic-
ton of any suit to enjoin, sus-
pend, or restrain the enforce
ment, operation, or execution of
any order of an administrative
| L1orl ~, of C{ote
or any rate-making body of any
political subdivision thereof, or
to enjoin, suspend, or restrain
any action in compliance with
any such order, where jurisdic-
ton Is based solely upon the
ground of diversity of citizenship,
or the repugnance of such order
to the Constitution of the United
States, where such order O af-
| fects rates chargeable by a pub
lie utility, CD does not interfere
with interstate commerce, and
90 has been made after reason
able notice and hearing, and
where plain, speedy, and eff
cient remedy may be had at law
or in equity in the courts of such
State. Notwithstanding the FORE
going provisions of this para
graph, no district court shall have
jurisdiction of any suit to enjoin,
suspend, or restrain the assess
ment, levy, or collection of any
tax imposed by or pursuant to
the laws of any State where a
plain, speedy, and efficient rem
| edy may be had at law or IN
equity In the courts Of such