Evening star., 1948-02-05

Of subordinate city ofhcials was wise
and the witness said 1t was.
Likewise, he said the council
members should not be permitted to
tell the manager when to remove
subordinate officer. The only re-
moyal action the council should
take, he said, would be to remove
the manager If his performance
proved bad.
Asked about costs under the new
governmental plan, DR.. Brownlow
said that when city adopts q cen
tralized responsibility system, such
as the council-manager plan, it
nearly always has led to lower unit
Government costs. But he added
it should be remembered that when
a city government becomes more
efficient, the people of the place are
inclined to turn to the Government
to perform functions not previously
done.
DR.. Brownlow Endorsed the plan
to permit the council to initiate
general District legislation, which
would become effective if not vetoed
by the House or Senate or the Presi-
dent. "It is an excellent method
and ought to be carried into other
fields,' he said, recalling that it
was first used in giving the Supreme
Court authority to make Federal
Court rules, subject to congressional
veto. Later, he recalled, it was en-
ployed in giving the President power
to reorganize executive agencies,
also subject to negative congress
sional action.
eyes" and "No" Officials.
Questioned as to constitutionality
of this method DR.. Brownlow said
he was not a lawyer and brought
laughter from the audience and
committee when he recalled his ex-
perience as District Commissioner.
He said when he wanted to do some
thing and had to get legal advice,
he would call on a certain assistant
corporation counsel, sure that his
opinion would be "yes, Of course
you can do that; why that is the
reason the Magma Charta was
drawn"
But If he wanted a negative
answer, he said, he would always
call on a different assistant corpora
ton counsel, who would solemnly
say the proposed act was unconsti-
tutional.
DIR. Brownlow opposed suggestions
that the bill be changed to provide
for appointment of one member of
the council by the President and a
second as representative of Con-
gress.
Mr.. Finch, presenting a more de-
tailed outline of the federation's S
views. said the organization was in
complete accord" with the objec-
tives of the measure.
Never Suggested Veto Process.
Mr.. Finch pointed out that the
federation, in its long fight for
District suffrage, never had sug-
gested the congressional veto
process, instead of Affirmative con-
gressional action, on District legis-
lation. He said very large meas
ure of home rule could be achieved
without such provision, by the
mere delegation to the city gov
ernment of only such powers as are
normally delegated by State Legis-
lature to municipalities. He fastened
to add, however, that the federation
was not opposed to the suggested
new method and recommended that
it be left in the bill if constitutional
authorities are satisfied 1t was
SIT appears to me that those who
have urged the provision is un-
constitutional are confusing issues" :"
Mr.. Finch said. "It would, Of course,
be unconstitutional for Congress to
delegate to the District council the
power to enact general legislation.
But that is not done in this bill.
"All the bill does, as I see it, is
to permit the council to draft the
legislation and deposit it with the
joint committee of Congress. Wi1at
follows after that is simply a matter
Of congressional procedure within
Congress itself which may, under
the Constitution, determine the
rules of it's own proceedings. I do
not believe that any enlightened
member of our modern judiciary
would challenge that right of Con-
gress."
Indorsing the plan for an elected
board of education to fix policies for
both the school and library systems,
Mr.. Finch declared the plan for an
elected school board had become an
established American tradition.
Supports Voting Plan.
He gave wholehearted support to
the plan to let District residents
here for as long as one year vote in
District elections, even though they
also maintain voting rights in their
home States. He said he favored
this because "it would nullify the
claim often made by opponents of
District suffrage that the best
qualified section of the Washington
population could not vote in local
election. The objection that this
would grant voting privileges to
persons who refused to pay the
District income tax and escape it
because of domicile in a State, he
said, seems to be sound at first
glance. But considered in the light
of other factors, he argued, ut is not
too important"
He added:
First, many of the persons who
do not pay an income tax here
probably pay other taxes, such as
those on real estate or personal
property; secondly, the actual num-
Der of such persons who would
qualify and vote here would prob
ably not be great. and thirdly, the
income tax, having proved unwork-
able in the District, probably will be
abolished. If and when that tax is
abolished, the argument against
tb;~ ,rox,;cio,, oleo will ho J,1111ifiad )"