Evening star., 1948-01-01
Second-CIuss Citizens Again

The anomalous condition OF the VoteleSS
Washingtonian was never shown more
clearly than In decision by the United
States Supreme Court in the early days
of the Republic which deprived him OF
the right, enjoyed by the citizens in the
States and even by aliens, of suing and
being sued in the Federal courts.
He was denied this right in an opinion
by Chief Justice Marshall which held that
while controversies between citizens in
different States, or between citizens OF
this country and of foreign lands, could
be settled in the Federal courts, the Dis
trict of Columbia is not State. There
fore. the District of Columbia citizen was
without recourse.
Chief Justice Marshall suggested in his
opinion that correction of this condition
was a matter for legislation, not judicial
action, and in 1910, after years OF futile
protest by District citizens, Congress ex-
tended the Jurisdiction Of Federal district
courts to include citizens of the District
A former chairman of the House Judi
ciary Committee, Hatton Summers OF
Texas, was one of those who argued that
the Marshall opinion itself was an un-
fortunate error but one easily remedied
by legislative action. The legislation was
sponsored by Representative John W.
Gwvnne of Iowa, as matter of simple
justice"
The two-to-one decision in the Federal
Appellate Court at Richmond yesterday
invalidating this 1910 law follows in sub
stance the reasoning of Chief Justice
Marshall. The District citizen again is
placed beyond the pale OF citizenship;
again placed in position inferior to that
of an alien. He again is denied access to
the Federal courts in suits against cltl-
zen of q State or in defending himself
against the suit of State citizen. 1t is
earnestly to be hoped that the decision
will go to the Supreme Court for the t1rst
review of the question by that tribunal
since the days of John Marshall
Where payment of direct taxes is con-
cerned. or where other obligations OF
citizenship are concerned, the courts gen.
erally have held the District to be State.
But where the privileges of citizenship are
concerned the District is not State. That
is unjust. To argue that citizens of this
CdplGdl were ucllucldtCly NoAACes Ny eAN~
Constitution makers from access to the
Federal courts, or that they were forever
to be denied participation in their Gov
ernment as voters is an absurdity. The
Constitution was written years before It's
authors knew where the Capital would be
located, who would live there or what the
States which ceded the territory might
REQUIRE as condition of such cession.
That there was an oversight on their part
is plain enough. But they thought OF the
Constitution as living, not fixed and
Interchangeable instrument. They left to
others, who would succeed them, the per-
lection Of other details to meet conditions
OF the future.
It is a lasting shame that under the
Constitution a condition of second-class
citizenship for people of the District OF
Columbia continues to exist. The remedy
lies In amendment of the Constitution
granting to the Washingtonian full rights
of citizenship, including the right to vote
and to have access to the courts of the
land on an equal basis with other citizens.