Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-01-31
Case Switches
Tactics on DC.
National Vote
Constitution Change
Believed Needed for
Presidential BulIot
Bv Don S. Worren

Presidential BolIot
By Don 5. Worren
Chairman Case Of the Senate
District Committee yesterday re-
luctantly laid aside his SUCCESS
ton that the District might DO
given a vote in presidential cleo
tons by a quick, simple act Of
Congress.
Three weeks ago he asked the
committee staff to explore the
question and since then lawyers
have been digging through re-
lated court cases and Supreme
Court decisions.
Senator Case yesterday re.
leased the independent conclu-
Sions Of lawyers of the American
Law Division, Office of Legisla-
tive Reference, Library of Con-
gress; the Office of Legislative
Counsel of the Senate; and the
District Committee staff. Their
view was it couldn't be done
short of an amendment to the
Constitution.
Senate Case commented: 1T
appears we will have to concen-
trate on the constitutional
amendment"
When action might be taken
is speculative. The South Dakota
Senator said he would support it.
He already is on record for full
voting representation for the
District in Congress as well as
for votes in presidential elections.
Home Rule in Doubt.
Just when action will b
sought in the Senate on the
Washington home rule bill for
an elected city government also
is in doubt.
A revised bill favorably re-
ported from the District Com
mittee. was caught in the adj
journment rush last summer. II
now rests on the Senate calendar
but must await a time for debate
since it has met objections to
passage by unanimous consent.
Currently, there are reports
that some proponents of the
local self government bill are
evidencing concern because of
the city's financial crisis as out
lined on the $305 million public
works revenue measure.
They are wondering, some OBJ
servers said, If the documented
need for greatly increased city
revenues might hurt chances to
turn the city over to an elected
council and mayor.
The home rule bill would au-
thorize the District to 60 into
bonded debt up to S per cent Of
its zeal property assessments.
or to about $50 million on the
present base.
House Kills Measure.
The Senate twice has passed
similar local suffrage measures.
Both died in the House District
Committee. Proponents, how
ever, have held high hopes for
the pending bill since it has
been co-Sponsored by 80 Sena-
tors.
The suggestion that the Dis
trict might be given, by simple
legislative act, a vote for Dis
trict members of the Electoral
College, ran into the fact that
the District is not State. It
also bumped into the long es-
tablished equality of States"
doctrine.
James p. Radigan, jr.. of the
Library Of Congress American
Law Division, summed up his
review with the declaration:
There is no method, other
than by constitutional amend
ment, that may be invoked to
confer upon residents of the
District the right to vote for
President and Vice President"
For the sake of argument, Mr..
Radigan assumed that Congress
might declare the District to be
a State merely for the purpose
of voting in presidential cleo
tions. If so, he added. it neces-
sarily would follow that Con-
gress arbitrarily could fix the
number of electors Gin the Elec-
toral College, to which the Dis
trict might be entitled.
THE speciousness of this as
sumption" he concluded, lis so
preposterous as to require no
answer. The unfair advantage
of the majority party in the
session preceding a general cleo
ton to affect its outcome is so
contrary to the underlying
philosophy of the constitutional
electoral processes established
as to preclude serious considera-
ton"
Status as State.
Harry B. Littell, assistant
counsel of the Office of Legisla-
tive Counsel, also held that
States may be admitted to the
Union only on an equal footing.
He relied principally on cita-
lions from the Constitution and
on the 1911 ruling in the case
of Coyle v. Smith, which was
cited in two subsequent cases.
Under this doctrine" he said,
"a State cannot be admitted Ito
the Union which has some, but
not all, of the attributes Of
sovereignty possessed by the
States of the United States"
William P. Gulledge. assistant
counsel to the Senate District
Committee, took a like position,
stressing both the equality Of
States doctrine and the 1912
Supreme Court decision in the
case of National Mutual Insur.
ance Co. v. Tidewater Transfer
Co., Inc.
In the latter issue. Justice
Frankfurther. while dissenting.
Mr.. Gulledge brings out, come
that the trainers Of the