Evening Star Newspaper, March 1, 1922, Page 11

¥ o Loy 2 i ~ TN THE EV ADVERTISEMENT. REPRESENTATION OF DISTRICT OF COLUMBIA IN CONGRESS AND ELECTORAL COLLEGE|ze=p="-— faxes. the sum of 3186450 wh‘%‘éfi’i'é’fl:i'u"‘dfl’:fli STRE C Teast thrce: | parttipation in the. mationsl ‘Setns | was made up of $8,928,i55,77 4 income | fourths of the postal matter handled | cils. |2nd excess-profit taxes and ~ $9,716,- | by the local post office officials is gov- Representation by the people in the ‘298.30 miscellaneous taxes, which amount | ernmental matter from which no rev- | legislature by delegates of their own {was greater than the aggregate of | enue 1s derived. the records disclose the | election is the corner stone of Ameri- ENING STAR, WASHINGTON, D. C.. WEDNESDAY, MARCH 1, 1922, ° : 11 | representation like that of citizens of 0. the a state in Congress and the electoral college (with access to the federal | courts) and_no other powers and | attributes of statehood than those | specifically enumerated. This solu- | tion of the problem harmonizes two | citizens of the District pi transacted, stll it affords some indica- | with taxation by excluding residents Bovernment In satisfac! culated by the federal commissioners not. only throughout the United States, but in the prineipal ports of Kurope. (b) View of the Judiciary.—How the community thus built up on the banks of the Potomac was regarded from the judiclal point of view is suffi- the very ground that Congress was incapable of delegating to anotne: body the legislative power conferred by the Constitution. (Van Ryswick ¥., Roach, MuacA. & Stoutenburgh v. 141, 147, 148.) REPORT OF Senate Committee on . . | 8reat American prihciples: First, that | similar taxes paid by tie states of ifact that the receipts of the local post|can political institutions. Having |ciently indicated by what Chief Jus- | the departure from the fundumental the DlStl‘lCt O {In our representative republic. sub-!North Dakota, New Mixico, Nevada, | office ending June 30, 1918, were $3,- | deep roots in the constitutional his- | tice Marshall said in Hepburn v. Ell- | principle involved in denying the Chronic cougl's and persistent Ject to limitations and conditions! Wyoming, and Vermont 'combined. 085193.12, which was greater than the|tory of England, this fundamental|[zey (2 Cr., 445, 452). Holding,*with | People of the District all participu- [l colds lead to serious lung trouble. | | The same records show that the pay- ment made by the! District through these internal revenue, customs, and { miscellaneous taxes for this year were in excess of any one of fifteen | New Mexico, Nevada, North Dakota, states. , Oregon, Rhode Island, South Carolina, have ex-; The following tabulation shows the South Dakota, Utah, Vermont, West | taxes pald by each of these states, |Virginia, Wyoming. with the number of electoral votes to It also appears that these receipts | which they are respectively enmtitled: exceeded the aggregate receipts of all uniformly applied, all national Ameri- cans ought (o have the opportunity to participate in their National Gov- ernment, and second, the principle lald down by the forefathers as a national necessity, that the nation through Congress should clugive control of the Nation's Capital. No reason appears why Congress should not approve the proposition to recoeipts of all the post offices in any one of the following states: Arizona, Arkan- sas, Delaware, Florida, Idaho, Maine, Mississippl, Montana, New Hampshire, tion in the making of their lawsx (which President Monroe regarded as meriting consideration as far back as 1518) can be best remedied, not by setting up an inferior legislature for limited purposes, but by admit- ting the people of the District of Co- lumbia to a voice in national legis- lation which possesses and must con- tinue to possess the exclusive power You stop them now with Cre- omulsion, an emulsified creosote that is pleasant to take. Creomul- sion is a new medical discovery with twofold action; it soothes | and heals the Inflamed membranes | and kills the germ. Of all known drugs, creosote i recognized by the medical frater- | nity as the greatest healing agen- | apparent reluctance, that the word “state,” {ff the special sense in which the Constitution employed it with ref- erence to controversies between citi- zens of different states, did not in- clude the District of Columbia, the great Chief Justice freely conceded that “Columbia is a distinct political society and is therefore a State ac- cording to the definitions of writers principle of free government received its full and perfect recognition in the struggle which resulted in the inde- pendence of the colonies and the es- tablishment of the United States. The bill of rights presented by the colonists to the British parliament declared— “That the foundation of English liberty and of all civil government is Columbia. SUBMITTED FEB. 20, 1922, By Senator Jones of Wnshin.gtcm | grant ftself this new. wholesome Electoral | the_post offices in Delaware, Nevada,|a right in the people to participate in|on general law.” Similar recognition [ 0f government over them. In this|| ey for the treatment of chronic 4 < power. logically and equitably round-| . Tazespatd. Vete | New Mexico and Wyoming combined, [ their legislative councila’® of the District as a “separate politi- | Way the supremacy of Congress is ||| coughe and colds and other forms | (Report No. 507, 67tk Congress, ing_out the existing corresponding | District of Columb . $13,645,053 o| Which amounted to the sum of $2,987,-| Accepted by our ancestors as a self- | cal community” possessing an organic | Feconciled with the fundamental [/|of throat and lung troubles. Seaslon, to Accompamy S. J. Res. | constitutional power which it now o V3388000 047.05. evident truth, and so proclaimed In | social and political life of its own' is | Principles of representative govern- ||l Creomulsion containx. in addition e | possesses in respect to every foot of 1,968,000 3 ritsiligence the Declaration of Independence, the [ to be found in other cases in which | ment: the object which the jurisdic- ||| to creosote, other healing elrments [Loritory ibelouglug . to- ithe United H 2 2 principle that governments derive|the Supreme Court has placed the|tional provision was intended to se- ||| which soothe and heal the in-| Your committee having carefully | States except the District constituting 4| The census for the year 1910 shows | their just powers from the consent of [ District for certain purposes in the | cure iz completely attained without || flamed membranes and stop the ir- | considered Senate jolnt resolution 133| tio Seat ol -governmentiof the Tinited 3|that the average percentage of il-|the governed has since spread around |same category as the states of the|condemning the population of the | ritation and inflammation. while onsi S : ates, the District of Columbia. 12| Jiteracy fi 1 el £ it 1a- | the world. Unfon. (Geofroy v. Riggs, 133 U. 8., | National Capital to a status of politi- ||| the creos goek on 1o the stom- and having .held full hearings allc¢ongress In Empowered, Not Directed. 10 v tor alliclassesiof (8 popula = 258, 289; Metropolitan R. R. Co. v.|cal degradation inconsistent with!||ach, is absorbed into the biood, at- which both the advocates and the ob-| Adoition’ of . the constitutional 9| tion combined was 7.7 for the United e-Americanization of District. District of Columbia, 132 U. 8. 1, 8.) | that great truth on which our very ||l tacks the seat of the trounle and ponents of this resolution were heard. | aendment wi > Hh #1States, while for the District of Co-| Yet in the District of Columblia, the| (¢) Legislative Action.—That the|government is founded. i]l destroys the germs that lead to ; rably and REwhie Lt anme GOl e i|wumbia it was 4.9. The District's per- | seat of the gov t of the United [DESPle of thls “distinct political So- |njtrict of Columbia Re; 1 copsumption. i report the resolution favorably and|with o new power does mot commit | Montana o i) Rasis. s -{5eat of the government of thie Unite e o o o resentation D i gniianiens ean recommend that it be passed. fl"'-: Congress as to when it shall exer-|Xew fiin H l:;"“f:n:u ‘“ “‘";"" lfih* shown Dby ;,me;, 4i» AldA':"'mr:lv W_'l'llflrll'l':' 231#‘«23&% Xguileu li_:lgl\;ir!ualnaft_zr- lrsh’:'#”cr”'n the treatment of | stitutional rizoua 3 vas Jess an any one|ing ustly. an onorably al e n o political incapaci onic oughs am colds, bron- that the proposed con \cise this power, and the amendment and impotence, 18 shown by the con-| It remains to consider ag objection ||| chial asthma, catarrhal bronchitis of the following twenty-five state: Massachusetts, Rhode Island, Con- duties of peace and war, remain with- out any representation whatever in amendment be submitted to the States gy thus be favored both by those for ratification. {Who urge immediate exercise of the and other forms of throat and lung | sistent action of Congress from the diseases, and is excellent for butld- | time when it first hegan to legislate sometimes urged upon the last clause | of article X of the Constitution, It is remarkable that although the Senate joint resolution 133 proposes amendment of the Constitution of the nited Statcs by inserting at end of section 3, article 1V, the following words: “The Congress shall have power to admit to the status of citizens of a state constituting the seat of the govern ment of the United States. created by article I, section 8, for the purpose of representation in the Congress and among the electors of President and Vice President, and for the purpose of suing and being sued in the courts of the United States under the pro- visions of article III, section 2. 'When the Congress shall exercise this power the residents of such Dis- trict shall be entitled to elect one or two senators, as determined by the Congress, representatives in the House, according to their numbers as determined by the decennial enumer- ation, and presidential electors equal in number to their aggresate repre- sentation in the Iouse and Senate. “The Congress shall provide by law the qualification o1 voters and the the residents of the District," ipower as soon as the constitutional amendment is ratified and also by those who wish to relieve Congress |trom the shame of: this peculiar im- ipotency but desire to postpone ex- 1ercise of the power until the District is better fitted, in their opinion, to enjoy national represeutation. hus ox Adoption of the amendment is urged (1) from the viewpoint Justice to the pcople on the ground that they are now fitted to enjoy and to meet the re- sponsibilities of this right and power, | and (2) solely from the national viewpoint as a cure of national im- potency irrespective of the time when for the District's benefit the new constitutional power shall be exer- cised. The advocates of S. J. Res. 133 vig- orously contend that the residents of the District are now entitled in popu- lation, in resources, in literacy, in public spirit and in loyal American- ism to recelve this right and power, and since they cannot enjoy it except as the result of constitutional amend- ment making the exclusive legisiation clause of the Constitution consistent with the enjoyment of this right and power, the Constitution should be at jonce amended as proposed in the of the District | people of the District of Columbia have been denied those rights of participating in the affairs of the government through the franchise | which are conducive to patriotism, the | fact remains that when the United States has found itself involved in | war, the people of the District have ken second place to those of none of { the states in offering their sohs to fight —It _is significant that the District of Cplumbia in each of the controversies in which our people have been called to arms contributed a larger number of its sons than its quota. In the civil war they sent 16,534 men to the front. According to government statistics the District’ proportion of man power was thirty five one-hundredths of 1 per cent of {the estimated loyal population of the country as determined by the census of 1860, whereas it actually sent into service sixty-two one-hundredths of 1 per cent, or a proportion of about four-fitths ‘greater tian ite share. Spanish War.—An_examination of the census of 1900 discloses that th proportion of men which should prop- erly come from the District was thir- | seven one-hundredths of 1 per cent, whereas it actually sent about i i District in this | Maine, necticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginla, West Virginia, North Caro- lina, South Carolina, Florida, Georgla, Kentueky, Tennessee, Alabama, Mi sissibpi, Arkansas, Louisiana, Okla- homa, Texax, New Mexico, Anizor 1d Nevada Of the native whit entage. the percen of 1 per cent, fo the District, while & Average percentage ror the Cuited States w A comparison of the resp with the in- dividual states shows that its pe: centage of illiteracy of this class of people was less than half of any one of the follow thirty-threc slates New Hampshire, Vermont Rhode Island, New York, New Jersey, Pennsylvani; Ohio, Indiana, Illinoi: Michigan, Iowa, Missouri, K 3 Delaware, Maryland, Virginia, West Virginia, North Carolina, South Caro- lina, Georgia, Florida, Kentu: nessee, Alabama, M 1£sippi sas, Louisiana, Oklahoma, Texas, Colo- rado, New Mexico, Arizona. The same census s that in the District of Columbia the illiteracy among the colored population was 5, or less than one-half the the United than the one of th Indiana, time and manner of choosing the sen- ator or senators, the representative or representat and the electors herein authorized. “The Congress shall have power to make all laws which shall be neces- sary and proper 1or carrying into execution the foregoing power. This resolution thus proposes: (1) A new constitutional power for Con- gress; (2) a new right and power for residents of the District, to be en- joyed when Congress in its discretion Snall exercise its new constitutional power. New Power for Congress; New Right for Distriet. 1. The new constitutional power for Congress which is sought is the power to grant national voting representa- tion to residents of the District in House, Senate, and electoral college, with access to the federal courts, without depriving Congress of the power of exclusive legislation over the seat of government given by sec- tion 8, article I, of the Constitution without making a state of the Dis- trict; and without granting to resi- dents of the District any other privi- leges, powers, and attributes of citi- sens of a state than those specifically enumerated. 2. The privilege, right, and power to be enjoyved by residents of the Dis- trict, when the amendment shall have been ratified, and when the new power o Congress shall have been exercised, voting participation by the District residents on American principles in ihe national government which taxes Liem, makes all laws for them, and sends them and their sons to war; and access like that of izens of a state to the federul courts, their relation 1o which 18 now, the United States Supreme Court has said, on a lower piane tnan that of aliens. Ratification of the proposed consti- tutional amendment will thus cure the impotency of Congress to grant national representation to any part of the territory belonging to the United States, by extending this power to the District constituting the seat of government of the United Siates, and will tend to cure the im- potency of the District to participate on American principles in the national government. Curing Twotold Impoten: Your committee are convinced that | both impotencies should be cured, that of Congress at once, and that of the District at the fitting time in the future in the judgment of Congress. We agree that Congress should not be impotent to grant national repre- sentation to any group of Americans qualified under the usual such representation. And we agree that the District people should not be impotent to participate like other Americans in the national councils after demonstration of fitness in pop- nlation. resources, and other Ameri- can_attributes, provided such repre- sentation can be secured without destroying or impairing the power of exclusive legislation in the Dis- trict now possessed by Congress. We are convinced that adoption of S. J. Res. 133 and ratification of the con- stitutional amendment proposed by it will result in curing both impoten- cies, without disturbing in the least the exclusive legislative power of Congress i the District. We see 1.0 reason whatever why Congress shauld not apnorove thia ZTant to itself of a new constitutional power. extending its existing powers on logical and eauitable lines. with- out committing Congress as to when or how it shall exercise this power. Roeunding Out_Equitably Powers of Congress. Under the power to admit new states and to regulate territory be- longing to the United States, Congress mow has the power to admit to repre- mtation in Congress and the electoral cellege the peopls of all the territory ‘belonging to the United States except the District constituting the seat of government of the United States. The constitutional provision giving Congress the power of exclusive legislation in the seat of government deprives Congress of the power to admit the seat of government toj representation in Congress and the electoral cellege through the statehood gate, since full statehood for the Dis- trict would destroy the exclusive power of legislation in the District ‘bestowed upon Congress by the Con- stitution. The courts have held that Congress may not even delegate this constitutional power; much less can Congress destroy it or surrender it completely. The problem is to find a way to zive the people of the District the representation to which they are en- titled as national Americans in Con- =ress and the electoral college. with access to the federal courts, without depriving Congress of the exclusive legislative control of the District, which the Constitution imposes upon it and which. the courts say, it may not surrender without specific con- stitutional amendment. H Twe Vital American larmonizing - . The pending resolution (S. J. Res. 133) solves this problem by empower- ing Congress not to admit the Dis- rict to statehood, which would de- troy its power. of exclusive legisl: ion, but to grant to District resideats tests for} | joint resolution. in order that prompt jJustice may be done to the Americans of the District. The Constitution { should be quickly amended as pro- iposed, and the power granted to Con- gress should, they urge, be exercised at once. Relieve the Shame of National Im- potency. Your committee are convinced that.. irrespective of the present fitness or unfitness of District residents to en- Jjoy the American right to be granted by Congress when it exercises its new constitutional power, this joint reso- lution should be promptly passed by two-thirds of Congress and the pro- posed constitutional amendment rati- fled by three-fourtis of the states, in order to relieve the nation of the shame of impotency to cure, when it pleases, the evil of un-American, totall, nonrepresentative government, at the very heart of the nation, the seat of the national government. Conviction of present lack of fitness of District residents for national representation, ! or despair of such fitness in the near future, logically affects only the fu- ture date to be fixed, when Congress shall wisely and justly exercise this power. It has no logical tendency to delay the ratification of the amend- ment itsell. Congress should not lack thé power to Americanize the District, no matter how long its judg- ment may impel it to delay the actual exercise of this power when secured. National honor is touched by impo- tency of the national government to grant national representation to any well-populated, intelligent, resource ful, American community. Congress ishould by constitutional amendment have this power. for reasons affecting solely he national prestige and ir- respective of any immediate obliga- tion to the people of the District. While proof of present fitness of the District in population and resources for national representation is, it thus appears, not an_ indispensable’ prereq- uisite of adoption and _ratification of the proposed amendment, the dem- onstration of that fitness invigorates and strengthens amend- ment advocacy. District Now Fitted for Nati ntation. At the hearing in support of the amendment a great wealth of facts and figures was presented on the point | of the District’s present fitness which impressed yourfeomm«i-p and which in substance w& submit for your con- j sideration. | That tke District of Columbia is en- ftitled at the present time to partici- |pate in the councils of the nation through its chosen representatives is suggested by the following facts: Population. The census for the year 1910 gives the population of the District of Co- tumbia as 331,069, which exceeded that of six states, namely: i . 91375 Arizona Wyoming .\100 145965 T . azn004 Delaware New Mexico. . 327,301 The same census showed the popu- lation rapidly approaching three other states, namely, Vermont with 355,956, Montana 376,063 and New Hampshire 430,572, The census for the year 1920 shows a healthy growth in population for the Distri and at that time it had reached 71. This population was greater than that of any one of.seven states, namely Nevada 77407 Vermont . Wyoming 194:402 Naw Mexico. Delaware 223008 Idaho ... ‘Arizona 333,273 It also shows th: * two other states of the Union had but a slightly larger population. namely: New Hampshire, 443,083, and Utah, 449,446. A comparison, therefore, of the cen- sus of 1910 and 1920 shows that the I al Rep- | . 204.354 . 352,421 © 380,237 . 431,826 {'been maintained with the exception that the District has advanced ahead of Vermont. and is rapidly approach- ing the population of Utah and New | Hampshire. Federal Taxes. ‘The impression still exists among some that the citizens of the District jare subject to the bounty of Congress and that they contribute little or nothing to the maintenance of the federal government. pression is sometimes evidenced in the discussions in the halls of Congress. The official records of the Treasury | Department show that there was paid !by the citizens of the District to the | federal government by way of inter- {nal revenue, customs and miscella- ! neous payments for the fiscal year 506,699.27, which was greater than | similar taxes pald to the government iby any one of twenty states of the Union. For the fiscal year ending June 30, 1917, the same records disciose the fact that the citisens of the Distriet paid to the federal government through the same sources the sum of $2,666,204.40, which was greater than similar payments made by any one of nineteen states of the Union, includ- ing the great states of Georgia and Jowa. It also appears that for this year the citizens of the District pald in federal taxes twice as much as that paid by any one of fourteen states and four times as much as any one of eight states of the Union. For the fiscal year ending June 30, 1918, the same records disciose the fact that the citizens of the District paid In federal taxes to the govern- ment through the same sources the sum of $12,862,474.08. ‘The. records for the fiscal year end- Ing June 30, 1919, disclose that the . . naturally | ratlo of increase of population hasj The same fim- ! i ending June 30, 1916, the sum of $1.-: | one-fourth greater than the propor { tion properly chargeable, or forty-six | one-hundredths of 1 per cent. ' \World War.—An enviable in the war rmany. The total voluntary enlistments in the Army. ¥y, and Marine Corps for the Dis trict 'was 8,314, which was a larger number than in amy one of seven states, namely, Nevada. Delaware. Arizona, Wyoming, Vermont. New Mexico, and New Hampshire, and only a trifle less than in three other states Under the’ first and second registra- tions, 9,631 were inducted into the service of the government, making a total of voluntary enlistments and conscriptions into_the service of the United States of 17,954 The voluntary enlistments were ) into the service. The percentage which these voluntary enlistments bear to the total number of enlist- ments and inductions by way of regis- tration was greater for the District of Columbia than for any states of ! the Union except Rhode Island, Ore- gon, Washington, California. and Maine. and more than one-third great- er than the percentage of the country as a whole. Liberty Loa: The showing made by the people of the District of Columbia in ths finan- cial support of the government through the purchase of liberty bonds is one of which they may well feel proud. The support thus afforded the government in each of the loans has been largely in excess of that given by very many of the states of the TUnion, and in each of the five loans it far exceeded its quota. Of the first liberty loan, the quota for | the District of Columbia was $10.000,000, i while the amount actually subscribed was $19,261,400, or a per capita sub- j scription of $52.20, which was nearly four-fifths greater than for the country as a whole, which was only $29.29. | This per capita exceeded the sub- scriptions of each of the twelve fed- jeral reserve districts except the second, which includes the state of New York. Of the second liberty loan, the quot: igned for the District of Columbia was $20,000.000, whereas the sub- scriptions amounted to $22,857,050, or a_per capita subscription of $57.73, whereas for the United States at large it was only $44.55. Again the per capita_subscriptions for the District were in excess of ten of the federal reserve districts and only lcss than I that in the first and second districts, {covering Boston and New York. On the third liberty loan, the quota fassigned for the District of Columbia was $12,870,000, while the subscrip- tions of its people amounted to $25 492,250,0T a per capita subscription of '98 as against $40.13 for the United tes at large. Again the per capita subscription was considerably in ex- cess of that in each of the twelve federal reserve districts except the second which includes the state of New York. . i~ The subscriptions through the citi- zens of the District of Columbia in | the third liberty loan were greater than in any one of eighteen states, namely: Alabama, Arizona, Arkan- sas, Deleware. Florida, 1daho, Maine, Mississippl Montana, ' Nevada, N ; Hampshire, ~ New Mexico. orth Carolina, North Dakota, South Caro- lina, Utah, Vermont, and Wyoming. The number of subscribers to this loan was also greater in the District | than in any one of the eighteen atates :ju!l named except Arkansas, but in- |cluding in its place Tennessee. The proportion of the population who subscribed to this loan was greater in the District of Columbia than in any one of the forty-eight states and | vas about twice as great as the per- | centage of the country as a whole, which ranged from 29.07 for lowa to :3.3 for North Carolina. The quota of the fourth liberty loan assigned to the District of Co- lumbia was $27,608,000, whereas the subscriptions amounted to $51,262,100, or g per capita subscription of $127.61, which was nearly twice the per capita subscription for the United States as a whole, which was only $65.94. This per capita subscription for the Dl trict of Columbia was again largely in excess of that of every federal re- serve district except the second, which includes the state of New York. 1 The aggregate subscriptions from the | citizens of the District of Golumbia of the fourth liberty loan were greater in amount than those of any one of twenty-three states, namely: Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Louisiana, Maine, Mis- sissippi, Montana, Nevada, New Hamp- shire,” New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Utah, Vermont, ‘Wyoming. The number of subscribers to this-loan in the District was greater than in:any one of twenty-five states, while_the proportion of the population of the Dis- trict subscribing to this loan, accordin to the Treasury Department, was 65. per cent, which was much larger than in any one of the forty-eight states of the Union and about three times as great as the corresponding percentage for the entire United States, which was only 21.98 per cent. Of the fifth or victory loan, the quota assigned to the District of Columbia was $20,307,000, while the actual sub- scriptions were $28,307,000, secured from 132,159 subscribers. Pustal Revenues. o ‘While the revenue derived by the gov- ernment from the postal service in the District of Columbia is pe: not a record | ik was made by the District of Columbia | ’;-ngf" i the colored poy i | | | I 3 v orth Carolina, orgia, Florida, Ken- Alabama, Missi: Louisiana, Oklaho- of the 1910 census with that of 1870, as well as the suc- cessive decennial censures. shows a remarkable increase in school ance and decrease in illitera, ation. The percent- age of illite among colored per- =ons of ten years of age and over d. creased from 70.3 per cent in 1570 to 13.5 per cent in 1910, the latter per- cen.age being one-fifth as sreat the former. South Carolina, ¢ tuck; e, A Demonntration of Fitness. The foregoing statiStics constitute 46.33 per cent of the total Mductions |an unanswerable argument in support of the legislation which we now rec- ommend. They show that 000 people. to whom-the elec is entirely denied, have been and are now supporting 'the United States with « remarkable spirit of loyalty and devotion. In peace and in war they have always acquitted them: selves commendably. The percentage of illiteracy among them is but tenths of 1 per cent, and intellectual- ly the District of Columbia holds a place above thirty-three states of the Union. The peopie of the Dist therefore, both morally and m fit to exeércise the right which they so earnestly seek as American citi- zens, Your committee believe that their appeal should no longer remain unheeded, and that now is the time to provide a means to enable them to participate in the councils of the na tion through their chosen representa- tives. The Right of Citizens of the District of Columbia to Sue im the United States Courts. By article I1II, section 2, of the Constitution, it is provided that the Jjudicial power of the United States “shall extend to all cases, in law and equity, arising under this Constitu- tion, the laws of the United States and treaties made, or which shall be made, under their authority * * ® to controversies between two izens of different states; ® * * be- tween a state, or the citizens thereof, | g place confined to governmental uses oreign states, citizens or sub-jp and jects. ing for their jurisdiction recognized and conferred jurisdiction upon the federal courts in cases where di- versity of cltizenship existed. is a most important branch of fed- eral jurisdiction and has consistently been maintained. Although there can be no doubt that the framers of the Constitution never intended to discriminate in this respect between the citizens of the District and those of the states, the fact remains that the District of Co- lumbia is not a state within the ive franchise | COngress or | exclude the ided of representation in more states; between a state and the ) the legislative body by which it is citizen of another state; between cit-|overned. nevertheless the founders ‘The judiciary act of 1790 crem'nglelercise of political rights on the the United States courts and provid-[part of its inhabitants. Thiscial or even populous city; that it is the government which .rules and taxes them, makes the laws they must obey, and sends their sons to battle. What is there in our scheme of sovernment that requires that the capital of the United States should be the one capital among the civilized nations the inhubitants of which are excluded, deliberatelv and of set pur- pose, from all participation in their Bovernment? A vague notion prevails that this exclusion from participation in the government is the necessary consequence of the exclusive control of the federal district vested in Con- gress. Such is by no means the case. The Constitution (article I, clause 8) confers upon Congress the “power of exclusive legislation in all cases whatsoever over the District, not ex- ceeding ten miles square, which shall by cession of particular states and the acceptance of Congress become the seat of government of the United States.” Manifestly the purpose of this provision is o insure absolute unity of legitlative power at the seat of government. Representation and Ex- National Contro What was excluded was that dual sovereignty which, by reason of the federal character of our government, necessarily prevalled everywhere else. As stated by Madison in the Federalist, complete authority at the cat of the government was designed |10 eliminate the “dependence of the members of the general government on the state comprehending the seat of government for protection in the exercise of thefr duty.” (Federalis XLIL) At that time friends of the new Constitution feared and believed that the balance between the federal and state governments was “much more likely to be disturbed by the prepon- v of the last than of the first ederalist, XLIV.) Hence provided that the supremacy of in the federal district should be absolute and exclusive of all state action whatsoever. There, sovereignty was to be single and plenary—not divided as else- where between two powers, one fed- eral and the other state. In qgther words: The object of this clause was to give Congress “the combined pow- ers of a general and of a state gov- ernment in all cases where legisla- tion is possible. (Stoutenburgh v. Hennlick, 129 U. 8., 141, 147; Capital Tr. Co. v. Hof,, 174 U. 8, 1, 5; Kendall v. United States, 12 Pet., 524, 619.) The amendment proposed by this resolution does not alter or diminish this absolute sovereignty in the slighest degree, for the supremacy of Congress at the seat of government will be none the less absolute, exclu- sive and complete when the two Houses include among their members representatives chosen by the inhabi- tants of the District. There will be then. as now, a single legislative will, obedient to a. single system of law. and the total exclusion of any pos- sible claim to authority on the part of any other sovereign. ‘What Did Ferefathers Intend? But it is said that if the supremacy of the federal government in the Dis- trict of Columbia does not of necessity the; of the Capital city contemplated it as 2 manner incompatible with the Some go so far as to suggest that Washington was never intended to be a commer- in the nature of a government reser- vation and taken out of the applica- tion of the principie of self<govern- ment. Nothing further from the truth. It is refuted by the acts and words of the founders, the reiterated language of the courts when called upon to consider the judicial status DF the District, and the action of Con- meaning of the constitutional pro-|gress from the time it began to deal vision authorizing citizens of one state to sue and be sued by citizens of another state in the courts of the United States (Hepburn v. Elzey, 2 Cranch, 445, 452; Geofrey v. RIggs, 133 U. S, 258, 269), although it has been held by the Supreme Court to be a state for the purpose of direct taxation (Loughborough v. Blake, 5 ‘Wheaton, 317). Attention was called to this anom- aly by Chief Justice Marshall in his opinion delivered in the case of Hep- burn v. Ellzey just referred to, in which he stated: It is extraordinary that the courts of the United States which are open to aliens and to the citizens of other states in the Union should be closed upon them (District residents). But this is a subject for legislative, not for judicial, consideration.” No sound argument can be presented for the existing discrimination be- tween citizens of the District and those of the states when it comes to the question of affording relief so far as suits in United States courts are concerned. This right is even granted an alien, but denied under the Con- stitution to a citizen of the District. The right is a valuable one, and has been consistehtly 86 recognized since the adoption of the judiciary act in 1790. It is time that this discrimina- tion_should cease, and the people of the District given the same rights in all respects as citizens of the states, through adoption of a constitutional amendment such as provided in the present resolution. No Change in Form of Loeal Govern- ment. By section 8, article I, of the Con- stitution, Congress is authorized to exercise exclusive legislation in al cases over the District of Columbia. ‘The amendment to the Constitution proposed by the joint resolution under consideration in no way affects this absolute control and jurisdiction, but Congress will have the sole power to legislate as heretofore. ' Your com- mittee feels strongly that there should - be no change in_ respect to this relation between the federal gov- ernment and.the local municipality. The present commission form of go ernment has worked well and safis- factorily, and 80 long as the power rests in. the President to appoint tho municipal executives of the District, the direct control and supervision of local affairs is maintained. g American -Principles and Intent of . Forefathers. Study of the making, construing and expanding of the Constitution discloses that there was no intent on the part of the makers of the Con- stitution and of those who construed and applied it o violate the American criterion a8 to the amount of busincss]principle that couples representation ! with the government of the federal district. . (a) Conduct of the Founde -The original cession by Maryland was a cession in general terms of an area ten miles square but never located nor defined. (2 Kilty Laws, Md. 1788, C. 46.) And the acceptance by Con- gress was of “a district or territory not exceeding ten miles square, to be located as hereafter directed at some place on the Potomac between the mouths of the Eastern branch and the Conococheague.” (Act of Jan. 4, 1790, 1 Stat., 130.) What was it that had suggested in the first place the establishment of the National Capital on the Potomac, and had finally determined its precise location and extent? On this point the cotemporary evidence is clear. Wash- ington, by his personal explorations of the region, had demonstrated that the Potomac, when improved, was the shortest and best route from the, coast to the Ohio valley, and therefore the ; in channel, as he said, for “ex- ::llnlve nd valuable trade of a rising empire. The city of Washington was re- garded as the natural meeting point between sea dn:vlntlon' and inland navigation and transport. BA&‘:‘, meeting of the President and tlg commissioners of the Federal city, held on October 16, 1791, Andrew El- licott, geographer general, proposed that in disposing of lots in the Fed- eral city those lots should be reserved which would be considerably in- creased in value when the public im- provements were made and that the first sales should be confined to those which had an immediate value from other comfldar;flul: As a reason for inted ouf th’l‘:lhiesp:?ot probable that the public improvements will considerably affect either the value of "the lots from Georgetown to Funkstown, or gener- ally on the Easterp branch. The prox- imity of the first to a trading town and good navigation, and the second, lying on one of the best harbors in the country, must have an immediate valye.” (Commissioner'a Proceedings, &l.\{.) It was only the enemies of the proj- ect who attempted to. throw impedi- ments in its way by predicting that the ..ew capital would never develop into a real eity. Washington, on the other hand, intended and confidently predicted that it would become “the greatest commercial emporium of the count: Y It ;z! with that view that L'En- fant's plans, made under the Presi- dent’s auspices, provided for a city on 1 r scale than any then existing a large! in the country. Ana since the o erecting the public buildings was to be defrayed out of the proceeds of the sale of the public lots, the plan of this City of Magnificent Distances was cir- for the District. While the population of the infant city, as shown by the census of 1800, was but insignificant in numbers, Congress incorporated the inhabitants of the new city into a regular municipality with " all the urual_self-governing powers. (Act of May 3. 1802, 2 Stat., 195.) The estab- lished corporations of Georgetown and same suffrage which ther had re tively enjoved under the laws Maryland and Virginia, and the municipalities’ continued in the c of these rights and powers un- til Alexandria was retroceded to Vir- ginia in 1846. (Act of July 9, 1546, 9 Stat., 35,,1000.) And the municipali- ties of Washington and Georgetown were replaced by a territorial govern- ment in 1871. During the life of these municipalities Congress more than once increased their powers and en- larged the basis of their suffrage. (Act of January 8§, 186 By the act of February 21, 1 Stat., 418), a legislative assembly. with its lower house (house of dele- gates) elected by the suffrage of the people, was established for the Dis- trict of Columbia, and this form of government continued in operation until June 20, 1874, when it w 8 i placed temporarily by a comm on tform of government, act of June 20, 1 (18 Stat., 116), which was estab- lished in a permanent form by the organic act of June 11, 1878 (20 Stat., 102). Surely the action of Congres: for a period of nearly seventy year is a sufficient refutation of ihe no- tion that the people of the Distriet were regarded as essentially devoid of political capacit Sime Uncert In consi ering the course of thi legislation. however, it is import to remember that when the Consti- tution was drafted it was by no means certain that any state would be found willing to make the needed cession of territory for the seat of government. While in no event could federal district be larger than ten miles square, no one could foretel! how re- stricted the area might actually be. When the present location was final- 1y decided upon, the population of the entire area, Including the existing towns of Alexandria and Georgetown, was widely scattered and scanty. And when a munlicipal government for the city of Washington, with sufirage for all white male inhabitants, was set up by the act of May 3. 1802 (2 Stat, 195), the population of the infant city, as shown by the census of 1800, was but 14,093. I is not strange, under these cir- cumstapces, that no provision was made either by the framers of the Constitution or by the legislators of those early days for the piace in our governmental system which shouid be held by the inhabitants of the federal district when their population, wealth and other circumnstances should ha raised them to the dignity of a sep- arate political community In the ordinance of 1787 for the gov- ernment of the Northwest Territory Congress had provided for the erec. tion of new states when the popula- tion of a_defined -area should have reached 50,000. This provision, al- though it antedates the Constitution. may give us some clue as to the ideas of the time. It serves at least to ex- plain the failure to provide for the ul- timate constitutional status of the population of the federal district at a time when the very existence of such a district was still conjectural. But it is worthy of note that Madison in discussing the provision for legis- lative power over such a district had taken it for granted that “a municipal { legislature for local purposes, derive. from their own suffrage. would, of | course, beallowed.” (Federalist XLIL) | And in 1818 President Monroe, in a 'mesul‘a to Congress, drawing atten- | of the District the people had no par- ticipation in the exercise of that power, proceeded tv add— 2 “As this is a departure for a special purpose from the general principles of our system, it may merit consider- ation whether an arrangement better adapted to the principles of our gov- ernment and to the particular inter- ests of the people may not be devised which will neither infringe the Con- stitution nor aftect the object which the provision in question was intend- ed to secure.” National Representation Presidents. As the District continued to grow. other Presidents, notably Jackson. Harrison and Johnson, drew atten- tion to the disadvantages under which the people of the District suffered by reason of their inability through po- litical action to make known their pe- culiar wants and to secure legislation adapted to them. None of these Pres- idents, however, regarded the exer- cise of political rights by the people of the District as in any wise incom- patible with the grant to Congress of exclusive jurisdiction in the District of Columbia. In his message to Con- gress in 1831, President Jackson put the matter in these terse words: “It was doubtless wise in the fram. ers of our Constitution to place the people of this district under the ju- and the risdiction of the general government. | But to accomplish the object they had in view it is not necessary that this people should be deprived of all the privileges of self-government.” And he put to Congress this signifi- cant question: “Is it not just to allow them at least a delegate to Congress, if not a local iegislature to make laws for the Dis- trict subject to the approval or re- jection of Congress? No doubt it was this view of the matter whioh led at length to the es. tablishment of a territorial form f' government with a house of delegafes chosen by universal manhood suffrage and represented, as in the case of other territories, by a delegate in the House of Representatives. s There are, however, manifest diffi- culties in constitutiny a body with legislative powers for. local purposes and at the same time preserving un- impaired the general power of legisla- tion in Congress itself. Whatever pains may be taken to define and limit the scope of the inferior legislature, the fact remains that there are two sources of law for the community. At any moment the question may -arise whether a particular subject matter falls within the scope of the delegated or of the reserved aathority. ve Legislation. +Inpoint of fact, the acts:.of the District legislative assembly were ultimately denfed authority by the A Alexandria were continued with the n. Population Negligible. | tion to the fact that while Congress! legislated directly on local concerns | Congress Casmot Delegate Power 8t | \ppe of un-Americantsm | Supreme Court of the Distfict upon’ ing up the system after colds or | the flu. Money refunded if any | | cough or cold, no matter of how | |long standirg. is not relieved aftor king .according to _directions. | ;A‘\k \,\nur druggist. Creomulsion 0., At providing that “no state without lls] consent shall be deprived of its equal | suffrage in the Senate.” But how will | the admission of a senator, cr even| two senators, elected by the people | of the District of Columbia, deprive any state of its equal suffrage in the aning of this provision is that no state shall have | Breater numerical representation | in the te than any other state, It cannot ‘an that the aliquot share ! of the legisiative power possesred by 4 state at any given time cannot be | 1educed, as the proportion of that power, which was originally, 2 as to 26, bas been steadily diminished by the admission of new states until it is now 2 as to 96. Nor is it of any importance that the people by whom this senator or these scnators would be eclected would not have any separate legislature. Even when senators were elected by state legislatures, the legislatures did not act s the legislature in the sense of the naking body of the state, but as « ' specially designated body of electors b; virtue of an express pow conferred by the federal Constitution itself en- | ! ators are no longer elected by the state egislatures, but by the peop Under the proposed amendment the people of the District of Columbia in choosing their senators would, to that extent, but | to tha tent only, stand on the same ple of the states. he elec- SPLENDID location on H ireet, in central part of city; two car lines. Bullding in splendid condi tion and immediate posses- sion. Has very liberal first trust, with convenient terms. Priced at $125.000. For further information see McKeever & Goss | 1405 Eye St. Main 4752 = Far A8 ZsFHorlick's The ORIGINAL Malited Milk = 4 ght without regard to the form and organization of their respect- ive local legislature, so would the people of the District of Columbia elect thei; regard to the existence or non-existence of a local legislature. 1 2 ” § : Tra: | Quick Lunch at Home, Office, an¢ Fouutains., Ask for HORIICK'S. relected by the veral state is merely lare an obvious fact a | the Consi now stands, “The Sen- | ate shall be composed of two senators from * Before the sevi the Constitution w on to say ‘‘ch thereof.” But as no longer teue. \What remains subject to amendmen:. There is no principle of our Constitution. much les: any specific provision in its articles which forbids i dment 80 as 10 admit into the Senate well as into the House members who shall represent an | integral part of the country such as the | Hair Goods and Beauty Shops District of Columbia without requiring Pbove for Appointment | that such area shall be for all purposes | e prentih afer L eheres | 809 7th St. 1771 Col. Road ates. The only limitation i that in: ' M. 8635 Cel. 10153 “ifeet Me at Heller's” thus amending, Constitution no state | should be deprived of its equal suffrage | in the Senate, and, as we have already shown, the equality of the s i Senate will not be in any wise affected | v the proposed amendment. i Summary. Summarizing, we find and report: The proposed constitutional amend- ment does mot reduce the power of | Congress in respect to the capital, but | adds a mew power; it dees mot pro-| pose the -admission of the District | into the Union as a sovereign state; | it doen mot propose the destruction of | the “ten miles square” provision of | $3.50 Philadelphia $3.25 Chester $3.00 Wilmingt on AND RETURN Sunday, March 12 SPECIAL TRAIN Lvs. Washington (Un, Sta.) 7:30 a.m. the Constitution; it does mot lessen || Returning, jeaves Broad Street station, in the smallest degree the control by ;| 7:20 PIU: West Philadelphia -f:o the mation through Congress of wh: n| ton. §:10 p.m : remains of the “tem miles square™; it | Tickets on sale Friday preceding Excursion £ Similar Excursions Sundsys, March - 26, April 9, 23, May 7, 31 - T'k"rifh:'i‘ l!*.l’\‘fd to limit the male of ticketa o the capacity of p ment available. Restiy jat swsly: Pen System” The Boute of the Brosdway Limited” Have Color in Cheeks Be Better Looking—Take Olive Tablets | unfit and def | tion as in thi i and impotent. ! Lnu not disturb im amy way llpi | Snancial relation of mation and cap- ! ital; it In not based upom elther the| aholition or retention of the half-and- | half law: it does mot propose or in-| | volve changes in.the municipal gov- | | ermment of the District. | % 0 bestow updn the 437,000 Ame: % of the District a distine- | { tive, baxie right of the American cfti- | zen—Iin a government of the people | by the people for the people—in n | government which roots itx Justice n consent of the governed—in =a Tepresentative government which in- { meparably couples taxation and arms i bearing as a woldler with represen- | i tation. 5 Thin distinctive American privilege | decorates the American with a badge | 1o skin is yell ! of homor and arms him with pow. Your skin is yellow—complexion Its lack siurs the Washingtoninn ax | Pallid—tongue coated — appetite tive, and slurs the na- ! poor—you have a bad taste in your respect un-American | mouth—a lazy, no-good feeling—you What the amendment proposes i» |‘h0Uld take Olive ;'l."“’:r % equitable in ftself and compulsory in; Dr. Edwards’ live Tablets~a ce with American principles | substitute for calomel—were ' | LAt b } rights scheme of government, belong to who pay mational taxes and fight an national soldiers. It given to residents of the District | a welf-protecting power in the m: s which is denied to the ity in all contiguous Tnited States from Maime to Texas and from New York to Califormia. n the matter of acceas to the fed- eral courts ft raises District resi- dents from a lower plane tham that of alienn to the status of citizens of a state. National representation of the Dis- the nation the Dr. Edwards after 37 years of study . Dr. Edwards’ Olive Tablets ate a purely vegetable compound ‘mixed with olive oil. You will know them by their olive color. To have a clear, pink skin, bright eyes, mo he&:r’;& pimples, a | buoyancy like childhood must get at the cause. = Dr. Edwards’ Olive Tablets |act on the liver and bowels like yet have no dangerous after They start the bile and overcome constipation. Take :':IQ . of " twn nightly ‘and note e pin% results. Millions of boxes are annually at. 15c and-30c. shame of impotency. 1t will proclaim to the world that tha principles of representative gov- ernment and as capable of enforcing i them an other republics with capitals in mation-controlled districts, like Mexico, Brazil and Argentina. These nations have mot found themselves impotent to give fall tional rep- mentation to the people of their apitaln. - 1t will proclabm to the world that the people of Washington are as fit to participaté in national represemt- ative govermment as the people of Rio de Jameiro, Buemos Alres and Mexico City. Waskington will cease to be the tal whose people, slurred as tainted o defective, are unworthy to enjoy the same national representation as that enjoyed by all other cities of the nation. Washington will cease to be the ouly American community—numer. ons, intelligent, prosperous, public spirited and patriotic—in all the ex- panse of continental and contigueus United States whose fitness to exer- cine national privileges as well as to bear national 15 dented. National rep: tation will clothe the Washingtonian with a vital American privilege to which he is undeniably in ‘equity emtitled; will Aeanse him of the stigma and staln of un-Amerieanism; and, curing his political impotency, will arm him with & _certain power. it »vill _relieve the mation the at its Meart and of impotency to-cure this It will inflict no injury or bardship mpon elther matlon or to counteract these 8. Rept. 507, 67-2—2.