Evening star., 1948-03-02
Home Rule Bill
Revision Urged
By Trade Board
Section on Powers
Of Council CoIIed
Unconstitutional
By Don S. Worren

Unconstitutional
By Don S. Worren
Revision of the District charter
bill to avoid questions Of constitu-
tionality as 1t applies to legislative
proposals of the suggested city
council is recommended by the
Board of Trade
As now written, this section of
the plan is unconstitutional. the
trade body said in a brief filed with
the House District Home Rule Sub
committee and released late yester-
day.
1t held, however, that Congress,
as it has done In the case of the
territories, may delegate to the Dis
E trict Government powers of general
legislation limited in effect to the
confines of the District and subject
to disapproval by Congress.
This again presented an issue as
to just what procedure must be
followed by Congress in passing on
legislative proposals OF the City
Council. In brief, this was whether
action by but one house would be
sufficient. s.
Clark to Submit Memorandum.
Further light is being sought on
the much argued question of how
the city legislative process should
. be worked out. In releasing the
opinion of the Board of Trade,
Chairman Auchincloss announced
Attorney General Clark has agreed
to submit a memorandum on the
question.
Under present provisions of the
limited home-rule plan, upheld by
some legal advisers and challenged
by others, legislative proposals of
the City Council would become law,
unless vetoed by the House or the
Senate or the President. The bus
mess group eontended this would
constitute neither Legislation" nor
action by Congress
Instead, it suggested changes to
provide that, il the councils legisla-
tive proposals were to be overridden,
this be done by a joint resolution
to be passed by both Houses and
signed by the President. And If the
President rejected the Congressional
disapproval, the trade body plan
continued this should be subject to
passage over his veto.
No Immediate Action.
There was no immediate action
on these views, as filed with the
House group by John A. Reilly,
Board Of Trade president, and Ed
ward r. Colladay, its general coun-
sell A submit of the Home Rule
Subcommittee met yesterday to con-
slider numerous proposals for
changes in the present draft of the
Auchincloss-Ball bill. Another
session was scheduled for today.
When the redrafting work is fin-
ished, a perfected edition of the
charter measure is to be placed
before the joint House-Senate Home
Rule Subcommittee and then taken
to the full House District Committee
for action.
Chairman Auchincloss commented:
"On behalf of the House subcom-
mittee, I am very greatful to the
Board OF Trade for its cooperation
and helpful suggestions"
The trade body. opinion, By the
law firm of Colladay, Colladay and
Wallace. said the provisions Of the
Constitution and pertinent court de-
cisions establish the exclusive legis-
lative power of Congress over the
District. 1t likened this to con-
gressional powers over the terri
tories.
Types Of Laws Cited.
"The Congress may, and consist
emily has, delegated to the Legisla-
lures Of the territories power to
enact legislation effective within
their boundaries, subject to disap-
pvoval by the Congress" it said.
"And, in my opinion. it can en-
power a legislative body, created by
it in the District, to enact such
legislation operative only within
the boundaries of the District.
Such legislation would include
laws governing property rights, mar
riage and divorce, and defining and
prescribing penalties for felonies. 1t
would not include any laws operat-
ing. or intending to operate, beyond
such boundaries, such as laws af-
fecting interstate commerce. /
Disagreeing with the views OF
the House legislative counsel, who
upheld the District charter pro-
visions, the trade body noted that,
while House counsel cited the Gov
ernment Reorganization Acts, as to
delegated authority, these provided
that congressional disapproval of
presidential proposals was to be
manifested by adoption of con-
current resolution" by both houses
Of Congress, not merely one.
The trade body counsel placed
the same. Interpretation on laws af-
fecting the powers of the territorial
governments. also subject to con-
greSSional veto. 1t concluded:
The Constitution provides how
legislation must be passed by Con-
gress. namely by both houses and
approved by the President, or, If
disapproved by both houses, passed
over his veto. A mere resolution
by one house is not legislation and
is not action by the Congress"
II the measure is rewritten as
suggested, the trade body counsel
said he believes the procedure would
be approved by the Supreme Court.
PHILADELPHIA Woman Dies |