Evening star., 1948-01-04
Wiley May Seek
Amendment on
|D.C.CourtRight
Citizens Group Votes
To File Brief in Appeal
On Richmond Decision
EDITED BROADCAST attacked
at Federation meeting. Page At

On Richmond Decision
EDITED" BROADCAST attacked
at Federation meeting. Page AS
Two moves were promised here
last night to protect the right of
Washington citizens to sue and
be sued in Federal courts out
side the District, a question soon
to be sent to the Supreme Court
for determination.
Chairman Wiley of the Senate
Judiciary Committee announced he
would favor a constitutional amend
ment to guarantee that right If the
Supreme Court invalidates a 1910
statute which opened Federal courts
everywhere to District residents and
businesses The United States Court
of Appeals at Richmond ruled last
week that the 1910 law is unconsti-
tutional
The Federation of Citizens Asso-
Citations voted to file brief with
the Supreme Court in the pending
appeal from decision of the ap-
peals court at Richmond Harry
Wender, a delegate from the South
west Citizens Association, made the
motion and it was unanimously ap-
proved by the federation.
Issue More Than Century Old.
The jurisdictional issue involved
in the pending appeal goes back to
the early days of the Republic, and
to time before the District itself
existed. The Constitution specifi-
cally gave Federal court jurisdiction
to cases of controversies between
citizens of different States, but
made no mention of the District.
The matter came before the
Supreme Court more than 125 years
ago. Chief Justice John Marshall,
while sympathizing with the plight
Of District residents, declared the
solution lay in legislative instead OF
judicial action.
Enactment of the 1910 statute
was an effort to solve the problem
by legislative means. It was ruled
unconstitutional by a two to one
vote in the Court of Appeals at
Richmond last Wednesday, but
Senior Circuit Judge John j.. Parker
vigorously dissented and declared it
was inconceivable that residents of
the District should be denied funda-
mental constitutional rights assured
for residents everywhere else in the
United States.
Although Washington residents
could continue TO sue and be sued
in United States courts here, they
would be barred from Federal courts
outside the city should the Appellate
Courts ruling be upheld.
Review to Be Asked.
The present case arose when the
National Mutual Insurance co. Of
the District sued the Tidewater
Transfer Co. of Virginia. The in
surance firm lost in a Baltimore
District court and in the Circuit
Court of Appeals in Richmond. Re-
view by the Supreme Court soon
will be asked, according to Morris
Gewirz, president and general coun-
sci of the insurance firm.
In his statement issued after re-
viewing carefully the facts in the
case so far available, Senator Wiley
declared that, if the Supreme Court
upheld the lower tribunal, he would
have no hesitancy in introducing an
appropriate amendment to the Con-
stitution to secure justice by en-
abling citizens of the District to
assert their constitutional rights to
sue and be sued in Federal courts. "
He pointed out that the appellate
decision "invalidated" the 1910 act
giving Federal courts 'the same
jurisdiction to hear disputes be-
tween a Washington man and q
citizen Of a State which these
courts already possess in cases in
volving disputes between citizens
Of two States
Decision Was to 1.
Senator Wiley characterized the
present situation as anomalous
and very serious" He stated he
had requested copies of the Rich
mond majority and minority deci-
sions from the Attorney General in
order to study them in detail
The Senator added that "the
present situation precipitated by the
Richmond ruling calls for immediate
remedy, if necessary by the Con-
gress through Constitutional Amend
ment.
When Article 3, Section 2, oi
the Constitution was written lex.
tending Federal judicial power tt
controversies between citizens oi
different States the District ol
Columbia did not even exist II
could hardly even have beer
| dreamed that this great city woulc
one day have over one, million
people in its metropolitan area
more population than the total ol
considerable number of States.
While technically the people here
do not constitute State, the people
of this great city have never lacked
in patriotism, nor in record OF
sacrifice in times of national emerg-
ency and have always demonstrated
those high qualities that make fol
the best of American citizenship.
Senator Wiley Seferred to a state
ment by Chief Justice Marshall or
(see JURISDICTION, Page A-4.)
! IIWhottheRussions
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