Evening Star Newspaper, June 6, 1929, Page 10

10 RETROCESSION ACT | ssmom e powce LEGALITY IS 1SSUE Move in 1846 Also Attacked as Against Public Interest. This s the third of a series of arti- on the renewed agitation for the the District of Columbdia. BY DONA;ITA. CRAIG. While opinion in Arlington County, | Va., is sharply divided on the proposal | to restore the county to the District | of Columbia, those persons who have | revived the movement appear to be actuated by the same considerations which have been at the bottom of sim- ilar movements in the past. They argue that the act of retrocession, passed by Congress in 1846, was not only unconstitutional, but was against the public interest In addition they have raised another objection to the act, which in some quarters is regarded ‘as the most im- portant of all, namely, that it was too sweeping—that it granted too much. They are not contending today that the original lines of the District be restored in their entirety, but only in so far as to include Arlington County, while leaving the City of Alex- andria in Virginia. They hold that, although Congress may have been justified in receding Alexandria City—then called a town— to Virginia, because it lay some d tance away from the City of Washing- ton in the southernmost corner of the old District, it was & mistake and against the public interest to recede the rural part of Alexandria County, now Arlington County, because ~that despoiled the seat of government of a necessary, or important, part of its ter- Titory. Agree With Shaw. | They agree with Albert Shaw, editor and author of works on politics and‘$10'000 o,rgan Rl"ned From political economy, wWho once wrote: “It cannot be said that up to the present moment the development of the City of Washingon has been greatly hampered by the loss of Alexandria County. “But the time will come when it will be percelved that President James K. Polk, who issued the proclamation of transfer on September 7, 1846, ought to have vetoed the whole proceeding. | rific bolt of lightning, striking-the St. | The United States Government main- tains on the Virginia side of the river the military post of Fort Myer and the great National Cemetery of Arlington. The rapid growth of public institutions in and about Washingtua, together with that of population, will soon make it evident that the territory on the west side of the river ought to be controlled and developed, as respects its street system and its various appointments, by the same enlightened and generous authority that has beautified what re- mains of the Federal District and made it & source of pleasure and pride to the ‘whole Nation.” A Mr. Shaw said that at either a later or an earlier period in American his- tory the act of retrocession, in the form in which it was passed, would have been impossible. “We have reason to be thankful,” he wrote, “that the Federal District was chosen and the lines of the new Capi- tal City laid down while Washington was President and while American pub- lic men were gifted with the sense of | historic vision and proportion. What Happened in 1846. A generation or two later everything would have been done on a mean scale and in a shortsighted manner, This is il- lustrated by what actually happened in 1846. “There arose a movement to secure a retrocession back to Virginia of that part of the Federal District on the west, side of the Potomac. Because it was not needed for Federal purposes in the illustrious year of our Lord 1846, it seemed wholly impossible for the people then in control of our destinies to rise to the conception that it might be needed at some future time. “The question was submitted to a vote of the inhabitants of that part of the District. Nine hundred and eighty- five people went to the polls, 222 of them to sustain the views of George ‘Washington and show their faith in the future and 763 of them to vote that they preferred to be citizens of Alex- andria County, Va, rather than the Federal District of Columbia. “To be sure, it is not so strange that the inhabitants should have voted that way as that Congress should have been 50 petty and supine as to have muti- lated a Federal sion that Wash- ington and his colleagues had secured with much painstaking and with such noble faith in the future both of the country and of its Capital City. “Naturally enough, some citizens of Alexandria were ambitious to partici- ate in Virginia politics. The country Faa through a very exciting cam- paign when William Henry Harrison was elected, in 1840, and a still more exciting one when James K. Polk de- feated Henry Clay, in 1844. Doubtless the men of Alexandria disliked the po- litical limitations under which they had no direct part in the political activities | of that boisterous period.” | Divided in Opinion. Eminent lawyers in Congress and out- | side have affirmed and denied that Congress had the constitutional author- ity to recede any part of the District to Virginia. Efforts have been mace, without success, to have the Supreme Court of the United States expressly | come by smoke while fighting the blaze pass upon the question. In 1875 a suit| from a point near the steeple. was brought on behalf of & citizen of Alexandria County against the tax col-| Jector, designed to test the question. The court, however, avoided any ex- press decision as to whether the act of yetrocession was constitutional, but held that the plaintiff, as a citizen of that county, was estopped from denying it The court held that the United States and the State of Virginia were the parties to the act of retrocession, and that, as these parties were satisfied and had long acquiesced in the transfer of the county, without objection or pro-| test, it was not competent for a private | Frederick County Budget Calls for | litigant to question the constitutionality of the act. It was further held by the court that the act involving the cession of terri- tory, being the exercise of political power, could not be reviewed by the|p o schools of Frederick County, the courts, at least, at the instance of a private citizen. Considered in 1896. The Senate committee on the District of Columbia considered the question in 1896, when Senator McMillan of Mich- igan was its chairman. The Senate, at the instance of the District committee, appointed & park commission to plan the future development of the City of Washington, with reference to parks, boulevards, etc. Incidentally, the com- mittee’s aitention was directed to the Virginia environs of the Capital. On motion by Senator McMillan the Senate adopted a Tesolution requesting the opinion of the Attorney General re- garding the constitutionality of the act of retrocession and asking what steps would be necessary to regain that terri- tory for the District. Attorney General Judson Harmon in his reply said: “The two acts hereinabove referred to—the act of the General Assembly of Virginia of February 3, 1846, and the act of Congress of July 9, 1846—consti- tute the whole of the legislation by which retrocession was effected. “The constitutionality of said acts of retrocession has not, so far as I am ad- vised, been judicially determined. In the case of Phillips vs. Payne, which was heard by the Supreme Court of the United States at its October term, 1875 fsee 92 U. S. Rep. 130), an effort was Thade by the plaintiff to raise the ques- tion of the constitutionality of said act 6 July 9, 184§, and o have it decided TUBURBAN NEWS. THE EVENING STAR. WASH | | | A great portion of the metal ceiling of St Mary's Catholic Church in Alex- andria, Va., fell last night while firemen were fighting a stubborn fire which started when the church was struck by lightning, causing $50,000 damage. ‘The above photograph shows the cell- ing after the collapse, while the photo- graph at the right shows Henry Scott, volunteer fireman of No. 1 relief truck and engine company, who was overcome by smoke. —Star Staff Photo. LIGHTNING STRIKES CATHOLIC CHURCH Intense Heat in Alex- andria Fire. Special Dispatch to The Star. ALEXANDRIA, Va, June 8—A ter-| Mary's Roman Catholic Church at the | height of the thunderstorm early. last night, set fire to the wooden beams be- tween the roof and_ ceiling, causing damage estimated by Father McKeefry, pastor of the church, at approximately $50,000. Principal damage’ to the handsome stone edifice, the largest church in this city, was caused by the tons of water poured into the building from five lines of hose manned by three companies of volunteer firemen, who worked valiant- ly for nearly two hours before subduing the flames. The metal ceiling and slate roof, which made it practically impossible to effectively combat the flames devour- ing the wooden beams, seriously handi- capped the work of the fire fighters. $10,000 Organ Ruined. ‘The organ, valued at $10,000, was ruined by the intense heat, which warped the pipes, while & large part of he metal ceiling collapsed, weakening the portion still standing, which prob- ably will have to be replaced. It is also thought that a new altar will have to be installed. Vessels from the main altar and the side altars were carried to safety by church members and early . arrivals upon the scene, under the direction of Father Michael J. Cannon, assistant pastor. ‘The bolt struck the church at 7:30 o'clock just as Father Cannon was pre- paring to open services for about 75 worshipers. The lightning hit the rod atop the steeple and spread through | the electric wiring system, showering sparks from the fuse box near the altar, nearly burning Father Cannon as he passed by, Not realizing that the mtnlng, which | apparently had only extinguished the | electric lights, had set fire to the beams between the ceiling and roof, Father Cannon and the church members calm- ly completed the brief service and had cleared the church before the fire was discovered, 30 minutes after the bolt had struck. Alarm Sounded. J. T. Preston, sr., of 218 South Royal street, secretary of the Chamber of Commerce, saw great volumes of smoke uring from the church, which is lo- cated on the 300 block, South Royal street, and turned in the alarm. No. 1 Relief Truck and Engine Company re- sponded on the first alarm and No. 4 and No. 5 engine companies were im- mediately called out by Fire Chief James M. Duncan, jr. Holes were cut in the roof and two streams of water were brought into play upon the burning inferno which had gained great headway. Firemen took three other lines into the interior of the church and fought the flames from that point. Ceiling Collapsed. A great portion of the metal cell- ing collapsed beneath the weight of the water which accumulated in the loft and firemen inside the church nar- rowly escaped serious injury as the | heavy metal fell. Henry Scott, member of No. 1 Relief Truck and Engine Company was over- He was carried to safety by Firemen Bernard Hull of No. 4 Engine Company and | Lawrence Kersey, a member of the church. He was treated at the Alexan- dria Hospital. Much of the debris inside the struc- ture was cleared away during the night by church members working under the fllumination of & huge searchlight. SCHOOL FUNDS ASKED. | $420,113 for Year. Special Dispatch to The Btar. FREDERICK, Md., June 6.—Provid- ing fo~ an appropriation of $429,113 for annual budget has been presented by the Board of Education to the county commissioners for consideration. Chief among the items is $314,631 for instruc- | tional service. Following the policy of the school sauthorities to consolidate isolated poorly attended schools in rural sections, transportation of pupils increased this year to $37,460. J——— by that court. But the court decline: to pass upon it, holding that, under the roumstances of the case, the piaintift | was estopped from raising the poin and the judgment of the court accor ingly went off on other grounds not in- volving the validity of such act. ( The answer to the question ‘what legislation is necessary again to secure to the Government exclusive jurisdiction over either the whole or a part’” of the retroceded territory -is, I think, indi- cated in the Constitution (see Article 1, section 8, paragraph 17); it is the ces- sion of the territory by the State and an acceptance thereof by Congress. “Inasmuch as this inquiry here appar- ently assumes the validity of the act of retrocession, since otherwise no legis- Iation for the purp-se therein mentioned would be necessary, I deem it proper to state that my response thereto is not intended as an expression of opinion upon that point.” Thus Attorney General Harmon avoided the question of the constitu- tionality of ti ct, as the Supreme] Court had done ‘before him. The sub- ject was not further pursued by thel Districy committess COUNTY CHILDREN PASS HEALTH TESTS Arlington Youngsters to Receive Certificates for Meeting Five- Point Examinations. By a Staff Correspondent of The Star. ARLINGTON COUNTY COURT- HOUSE, Va, June 6.—Dr. P. M. Chi- chester, county health officer, today announced that the following children have passed the five-point health test, for which certificates will be awarded before the end of the present term: Henry Clay School—Bobbie Bladen, Edward Johnson, Kathryn Lee Rucker, Roy Teller, Mary Horner, Jack Bladen, Tom Jocelyn, Gordon Hershey, Edward ‘Thomas, Merritt Mount, Paul Camp- bell, Elizabeth Orr, Erwin McNemar, Wilbur Thompson, Betty Hershy, Billy ‘Webb, Franklin Reed, Betty Lake. Thomas Nelson Page School—Harold | Proctor, Claribel Day, Jack Frost, Marie Bitting, Oscar Gaile, Pauline Boaze, Bill Payne, Fan Johnson, Milton Ste art, Katherine Spratt, Dorothy Ger- man, Mary' Wright, Ernest Speakman, Dorls Clarke, Marvin Gaile, Vernon . Ellis Taylor, Mary Gawen Alice Wilkerson, Vivian Fletcher, Juani- ta Strickler, Mary McQuinn, Charles Smallwood, Norman Carrico, Lols Pierce, Robert Thompson Audrey Reamy, Al- fred McCullough, Elaine Goodhart, Johnnie Craig, Melvin Shrout, Garrett Foster, June Darr, Glenn Rogers, Jean Hall, George Darr, Forrester Wilker- son, Elmer Keys, Margaret McIntyre, Virginia Bowers, Odeth Comper, Jean Day, Warren Choate, Norman Guidi, Oliver Dove, Mary Schwab, Lucille Gooding, Henry Maxey, Jancie Payne, Barbara Frost, Gladys Salmons, George Hall, Raymond Gooding, Charles Smali- wood, Margaret Spratt, Katherine Boaze, Irene Lormore, Vernon Martin, Lee Kendrick, Ida Pyles, Joseph Atkin son, Ralph Danzi, Robert Howell, Dor- othy Dugan, Elien Wsulters, Edwin Speakman, Paul German, Margaret Gooding, LAlllan Eckert, Mirianna Pow- er, Norman German, Albert Morrls, Sophia Dubb, Ashton Timmons, Nadyn Monroe, Gordon Malcoln, Oscar Carter. Stonewall Jackson School—Mildred ward, Donald Bernd, Lecreta Waller, RITCHIE T0 HEAD BETHESDA MEETING | Senator Tydings Also to Be Speaker on School Advance- ‘ ment Program. SBtaff Correspondent of The Star. BETHESDA, Md, June 6.—Rapid strides made in the past few years in | the educational facilities provided for the youth of Montgomery County, par- ticularly in the metropolitan district | adjacent to the District of Columbia, | will be stressed in short speak- ! ing program which is to precede a | reception to be held Wednesday night at 8 o'clock at the Bethesda-Chevy Chase High School at Forty-fourth street and Willow lane. Federal, State | and county public men and officials have indicated their intention to be present at this function to hear of the | progress which has been made and to | inspect one of the most modern build- i BY WILLIAM J. WHEATLEY, | ings erected in connection with the | educational improvement program. | Governor to Be There. | Gov. Albert C. Ritchie of Maryland | and United States Senator Millard E. | Tydings of Maryland, have accepted | places on the program and will deliver | brief addresses dealing with the State | educational system in general and the Montgomery County strides in particu- lar. E. Brooke Lee, county Democratic leader, will speak, and it is hoped to have included on the speaking program Dr. Edwin W. Broome, superintendent of county schools. United States Senator Phillips Lee Goldsborough from Marv':nd also was because of illness. Hundreds of other public officials as well as residents of the community are expected to be present at this meeting, which is the first of its kind to focus attention on the provisions made in the ‘county for the improvement of the minds and bodies of the young men and women, within the past few years. Figures made public indicating the con- stantly increasing enroliments in the classes of the schools, show also the metropolitan district. To Open New Addition. ‘The reception is incident to the open- ing of the new addition made necessary by the growth of the county's school population, and 1s to give an opportu- atty for the officials and others to see a sample of what is being done in the county to meet the demands for educa- tion at public expense. It also will serve to direct attention to the greater needs of the future which must be met. Some idea of the growth may be ob- tained from the fact that when the first_unit of this building was opened in February, 1928, there were enrolled 275 pupils. During the year the num- ber rose to 400, necessitating the in- crease to 20 classrooms, in addition to science laboratories and shops. At this time an auditorium, with seating ca- pacity for 1,000 persons, was added, and it is in this that the reception and speaking program will be held. Also the school has two standard sized gymna- slums, with saccompanying dressing rooms and showers. Expect 500 Pupils. During the coming year, it was said, it is expected that the enrollment will be increased to 500 pupils, and that a third unit has been planned to take care of this. It will include four shop rooms and four science laboratories and lecture rooms, a commercial department and additional study hall facilities. The graduating class of this year will include but 14 pupils, but as against this, it was pointed out, the | class which will enter next September | will have 130 pupils, giving some idea |of the increase during the past four years. There has been expended on the school building to date $300,000, and the new unit which it is proposed to build this year will cost $57,000. However, it is planned to spend in new construction to complete the program | approximately $1,000,000, it was point- |ed out. The new units will be added as | the demands increase. ‘The ceremonies Wednesday night will be under the auspices of the Parent- Teacher Association. Mrs. Louis L. Boekhoff, president of the organiza- tion, will preside. Thomas W. Pyle i superintendent of the school, as well as supervising principal of this school and the Bethesda elementary school. When an airplane recently crashed into & frozen pond at East Grinstead, | England, H. E. Monger, the pilot, was found sitting in his floating machine and lighting a cigarette. Tomorrow we offer regular quality merchan- dise at reduced prices as a— Friday Regular $3.50 Fan cy Collar Attached SHIRTS FRIDAY ONLY $1.65 The Three for $4.50 self same Shirts that we have sold hundreds of dozens of—long points, plain colors and fancy. All sizes, 131 to 16%4.. CROSNEIRY 1329 F. STREET NGTON, to attend, but will be unable to do so | rapid increase in the population of the | D. C., THURSDAY, JUNE STEPSON IS FREED ‘ IN FATAL SHOOTING | Justifiable Homicide Verdict Given | at Front Royal Prelimi- | | nary Hearing. | | Special Dispatch to The Star. FRONT ROYAL, Va, June 6.—Fol- lowing a preliminary hearing here today before Justice P. E. Leach, William Kid- well, held in connection with the fatal | shooting of his stepfather, Dan_Jen- | kins, was released when the court de- clared it justifiable homicide—that Kidwell shot in self defense. The verdict came after testimony by Kidwell's wife and mother showed that | they and Kidwell would have been in- | jured had not the latter fired upon | Jenkins. \ Register of Wills Named. ‘ FREDERICK, Md., Jane 6 (Special). | —C. E. Victor Myers, Democrat, of near Buckeystown, has been appointed regis- ter of wills to fill the unexpired term caused by the death of Charles H.| Butts, Republican, of Middletown. Mr. | Myers qualified.’ There were no changes in the staff of the local office, | Edward A. Toms, remaining chief dep- | {uty and Oliver H. Keefer and Miss| Reta Armstrong assistants. g GOV. RITCHIE. advancement. RALEIGIH CIGARETTES SENATOR TYDINGS. Maryland leaders who will he ihe principal speakers at opening of mew| Bethesda-Chevy Chase High School, to stress Montgomery County’s educational Raleigh leaves are blended so that every single - puff contains every single fibre in exact propor- tions—to the last faint wisp of pure fragrance. BROWN & WILLIAMSON TOBACCO CORBOMAT O SUBURBAN NEWS. RECORD SET FOR DRY RAIDS AT BALTIMORE Activity Follows S8hake-up in Pro- hibition Forces for Monu- mental City. Speclal Dispatch to The Star. BALTIMORE, June 6.— Prohibition agents set a new record with 22 raids in the Baltimore area within 24 hours ending _yesterday, following appoint- ment of John J. Quinn, formerly in charge of prohibition enforcement in ‘Washington, as assistant administrat.r in this district. Having removed his headquarters to Baltimore, Quinn taken command of all enforcement work in Maryland, Delaware and District of Columbia, under direction of Col. John F. J. Herbert, prohibition administrator for the area. Robert D. 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