Evening star., 1951-08-12
Home Rule Bill.
Action Pledged
BY Mcfarland
Toft Predicts Passage
Despite Delay Now
Blocking Measure
By Don S. Warren

replace the 73-year-old appointed :
commission form is facing delays
before time can be found for
Senate action.
But Majority Leader McFar-
land voiced assurances last night
that the bill, favorably reported
from the Senate District Commit
tee and co-sponsored by % Sena-
tors, will receive Senate consid-
Grafton" before adjournment.
Asked when the bill might be
taken up, Senator Mcfarland said
he could not say definitely. The
Senate now has pretty full CAL
endar of must legislation" he
said, but added $50 far as I am
concerned the bill will not be
pigeonholed."
Taft Predicts Passage.
- Senator Taft, Republican. OF
Ohio, one of the bills sponsors.
said he thought the Senate would
pass the bill.
Asked if he planned to bring
the bill before the Senate Repub-
lican Policy Committee, which he
heads, he said he was inclined to
do so but that this had not yet
been determined.
In 1949, the then pending ke-
.fauver home rule bill, having the
same general objective but much
different details, was given push
to Senate approval by action by
the Republican policy group. That
bill later died in the House.
Meanwhile, there are new ques-
Itions and counter over
the constitutionality of some
angles in the compromise bill.
These stem from a. legal analysis
: of the measure made by District
Corporation Counsel Vernon E.
West. This was submitted to the
District Committee Friday with
out direct comment by Commis-
sioner F. Joseph Donohue, who
backed the new bill.
Unconstitutional, Says West.
Mr.. West said he thought it
would be unconstitutional to pro-
vide, as the bill does, that the
proposed city council would be
"the sole judge" of its findings in
carrying out powers granted by
!. Congress.
= Mr.. Vests report said on this
point: Section 324 (a) author
!. ICES the city council to pass ordi-
nances when it finds they are nee
essary for the promotion of peace,
welfare, justice or safety, and
states that the council shall be
the sole judge of such findings.
If this means that the courts
are deprived of their jurisdiction
Ito determine whether a regulation
is a reasonable exercise of the
police power, then I believe this
eIprovision making the council the
C sole judge of its findings is un-
| constitutional"
At last Fridays hearing, several
witnesses declared that revisions
made in the earlier home rule bill.
in their view, had eliminated all
S questions about the constitution
c ality of the proposed congressional
: delegation of some of its powers TO
= a city council. Senators Kefauver,
d Democrat, of Tennessee, and Case.
e Republican, of South Dakota,
voiced general agreement.
Rechecking Indicated.
:, The constitutional question and
, other points raised by Mr.. West.
=. however, seemed headed for re-
= checking by committee aides and
- Senators backing the bill.
= Mr.. West also suggested the
= need Of amending another section
= of the bill which prescribes that a
q member of the council shall reside
e during his term Of Office in the
n ward from which he was NOM
Il mated.
He noted that while the measure
provides that if a councilman did
a move out of his ward he could be
le prosecuted and even sent to Jail.
4. it would permit him to retain his
lie position as councilman.
j. Also, in his technical scanning
II of the bill. Mr.. West questioned
it the provision that acts of the
al council would not become effec-
e. tive until after so days, except
m that when an emergency was de-
1e clared, the effective date would
rs be 80 days after council action.
l. Mr.. West noted that in many in
n. stances in police, traffic and other
id regulations, it is necessary for the
l. commissioners to put them into
Id effect after much briefer periods,
le or even Immediately.
s. One District committee aide
u. said he thought such emergency
steps as the sudden need for clos
of ing street, or emergency traffic
= or parking rules and the like could
10 be taken by the mayor under pres
s. ent provisions of the bill.
* Mr.. West also suggested a half
dozen other instances in which he
~ saw the need for amendments or
~ ~ revised language. Some Of these
III dealt only with technical ques-
= tions such as the number of sec
N tions or as to who would preside
at meetings Of the council if the
= position of council chairman was
!. 80 vacant or when the chairman was
absent or incapacitated.
S 800 Workers Laid OFF
ly -,