Evening Star Newspaper, June 7, 1929, Page 11

Wl VENI] or RETROCESSION ACT IS LEGAL PROBLEM e | Constitutionality of Law of 1846 Doubted by Taft When He Was President. This is the jourth of a series of arti- clsc on tne renewed aoitation jor the - o Arlington County " to the Disirict o1 Colimbia BY DONALD A. CRAIG. If. as a result of the present agita- tion, it should seem desirable for the Federal Government to regain all or a part of the territory on the Virginia side of the Potomae River which was onee A part of the District of Columbia Pprobably the best way to proceed, in the opinion of many eminent lawyers past and present, would be to open ne- gotiations with the State of Virginia. and. if possible. gain her consent ‘That would be following the method prescribed in the Constitution for the Acquisition of the District in the first instance, which lawyers hold is as much | in force today as it ever was. i However, there are some lawyers nowadays, as there have been in the past, who believe the same end might | be accomplished through the courts. | They would like to see the Fedel Government make a serious effort to | have the Supreme Court of the United | States deliver an express decision upon | the question of the constitutionality of the retrocession act of 1846. which they believe to have been invalid i Taft Raised Question. William H. Taft. now Chief Justice of the United States, raised the que tion of the constitutionality of the act when he was President, in & public address, and indicated a desire to have the Supreme Court pass upon it, but he did not carry out the plan. In this connection it is interesting to0 note that. while the Supreme Court has avoided an express judicial deter- mination of this question, both that | court and one Attorney General of the United States, Judson Harmon, have in the past agreed, as previously point- | ed out. that the act of retrocession | should be regarded as an accepted fact. | a fait accompli. not to be reopened or disturbed. In 1902, subsequent to these opinions, the Senate judiciary commit- tee took a similar view of the matter The committee was asked to report upon a joint resolution, which had | been introduced in both House and Senate, directing the Attorney General | to bring suit to determine the constitu tionality of the retrocession act. This resolution recited that “for purposes military defense, public parks. sanita safeguards and improvements, polic: protection, control of river shores and the general welfare of the city and | suburbs of Washington, it is desirable that the City and the County of Alex- andria should be restored to the con. trol of the Government of the Distric ©of Columbia.” It stated furthermore that “the inter- ests of the United States also require that | the establishment of the seat of Gov- | | | ernment shall not be subject to be permanently modified or impaired by the action of any one or two of the co- ordinate branches of the Government.” and that it is “just and equitable that the State of Virginia may be compen- sated for the loss of revenues incident | to the restoration of Alexandria City and County to the exclusive jurisdiction of the United States.” | Suit Is Directed. | Containing the foregoing statement in its preamble, the resolution went on | to provide that the Attorney Genera be “directed to bring such suit or othe; proceeding at law or in equity, on be half of the United States against the | State of Virginia, or otherwise as may | in his judgment’ seem appropriate, to | ascertain and determine if the cession | of part of the District of Columbia to the State of Virginia in 1846 was law- | ful and constitutional; if said cession | shall be decreed to be unconstitutional | And Alexandria. Gty and County are | thereby restored to the jurisdiction of | the United States, to ascertain and re- | port to Congress what sum will. in his judgment, be a fair and just amount to | be pald by the United States to the | State of Virginia in lieu and place o | the revenues said State now receives for the support of the State govern- | ment from said city and county.” | This resolution never reached the | Attorney General. It was adversely re- ported by the committee, the report | being made by the chairman, Senator | Hoar of Massachusetts | “It seems to the committee.” the re- | port stated. “that it Is not expedient that | this act of retrocession should be sel aside by Congress, even if Congress have the power to do 30, Without the consent of Virginia, * * * | “As to the suggestion that the re-| trocession was unconstitutional, it seems | to us the answer is that from the | nature of the case it is & political and | not a judicial question. and that it has | been settled by the poiitical authorities | alone competent to decide it. = * * | “If it be desirable that Alexandria | become a part of tbe District of Co- | Jumbia again, the only way to accom- | plish it will be to open negotiations with | Virginia and get her consent | “‘The committee, therefore, reports ad- | versely and recommends that the reso- lution be indefinitely postponed.” | Advise Against Move. ! In view of what has occurred in the | past in connection with efforts to raise | the question of constitutionality, many lawyers today hold the opinion that while the United States might, if it 80 desired. raise the question and have it judicialiy determined by the Supreme Court. to do so now wowld be an act of | “self-stultification.” Other lawyers dis- agree emphatically with this view. tak- ing the position that the matter is of £0 much importance to the residents of | Arlington County and to the Federal | Government, that an effort to obtain a | Jjudicial determination would be entirely Justified. | citizens of Arlington County | tve in & movement to| organize a “Back to the District Club.” | with & membership composed of men | and women of the county who want it restored to its former status as a part of the District, sav they are not paricular about the method to be fol- owed, 50 long as the result is obtuined They ‘are principally concerned at this time in arousing public interest in the question in the county, in the District | and in Congress. Some of them wonder why the sim- ple method, suggested by former stu- dents of the question. has not been adopted as the policy of those who have directed similar movements in the past, namely, the opening of negotiations with the State of Virginia in an effort to gain her consent—the method pre- scribed by the Constitution for the acquisition of territory for the Federa District. There is no assurance, of course, that the consent of Virginia could be ob- tained. Representatives and Senators from (hat State have opposed the movement in the past and apparently they are still a8 much against it as ever. Advocates of this plan, however, hope that if the Federal Government would make & serious request for toration, and show that it was needed for the National Capital, the attitude of the Virginia Legisiature and Virginia mem- bers of Congress might change, even though reluctantly. This optimistic view is by no means shared by all- who favor' restoration. while the opponents of the plan insist that the Pederal Government could not demonstrate that restoration would be beneficial either to the residents of Alexandria, or to_the District of Co- lumbia, or to the Nation as a whole. A cemmercial airport is to be opened pear . Port . Randolph in the Panama Cana] Zene. “His Lord-bip's Kindnes." HISTORIC COLONIAL E famous old Maryland manor house near Woodyard, which was recently purchased by Mrs. Chandler Hale, who has made extensive improvements and will occupy it this season. CHAMBER HEARS TONING ENGINEER A. J. Saville Explains Slow Manner of Work and Offeis His Assistance. BY LESTER N. INSKEEP, Staft Correspondent of The Star CLARENDON. Va.. June 7.—Alien J Saville, Arlington County 7oning engi- neer, appeared last night before the directors of the local Chamber of Com- merce to explain the apparent slow manner in which the roning work is being carried out and to offer his co- operation to the chamber. Saville assured the board that both (h> zoning ecommission and he himself were fully aware of the part that the trade body has played in furnishing half of the funds necessary for the work and that he will in the future keep in lose touch with the direciors, reporting to them the progress made. Stating that it is unfortunate that there havé been so many individual cases in which public hearings have had to be held before the commission could reach a decision, Saville said that the map and research work is being con- tinued without interruption and that the commission will be in a position to dopt & tentative ordinance in about | ix weeks. Saville announced he has been in con- | sultation with the National Capital Park and Planning Commission regarding its desires for the developments along | the present and contemplated highways to the bridges leading into the city and that the Arlington County Commission will co-operate with the Federal body in_every way possible, Following Saville's talk. the directors of the chamber constituted themselves |a committee as a whole to assure a large attendance on the annual outing to Orkney Springs, Va., June 15 and 16. HYATTSVILLE HIGH PAPER PUBLISHED The Courannual Makes First Ap- pearance From Student Pre: Special Dispaich o The Star | HYATTSVILLE, Md.. June 7.—The | Courannual, the annuai student publi- cation of Hyattsville High School, has | made its appearance. | Mynarda C. Bodell is editor-in-chief | and other members of the editorial | staff are: J. Keenan Taylor, Charles G. Spick- | nali, assistant editors; Marian Ervin Ehzabeth Cole, Harwood Naylor, asso- | ciate editors; _Adelaide Philips, art | editor; Claire Shepherd, photo editor: | Normsn Belt, humor editor Betty Bluck, feature editor: Charles Kitchin, | editor: Winnifred Kerstetter. | s sports editor, and Pauline | Reeley, Charlotte Davis and Marjorie Baird, typists. D. Stewart Padgett is business man- ager and other members of the business | StAfT are: Mary Ruth Johnston, assistant business manager: Louise Reinohl, cir culation manager: Charlotte Dav Elmer Pettit, Hazel Pierson. Loretta Doo'an David ‘Torrence. circulation staff: Hammond Welsh, Marfan Kerr Espey Browning, Allan Gruver, Arthur Gambrill. Richard White, Dorothy Lam phier, Ruth Fuller, Willlam Harlow, Fred Cole and Simon Lebowitz, adver- tising staff. Faculty _advisers are: Miss Nona Milliner. Mrs. Martha ‘Temple, Mrs Gilda Mever and Miss Mary Spence CLARENDON CARNIVAL CLOSES TOMORROW Special Attractions Are on Program for Remaining Nights—Baby Contest Scheduled. Bvecial Dispatch to The Blar. CLARENDON, Va., June 7.-—Special added attractions are on the program for the remaining nights of the annual carnival of the Volunteer Fire Depart- ment here in the public park at Taylor nd Virginia avenues. Tonight has been designated as Lyon Park and Ashton Heights nights. The carnival will continue through tomor- Tow night. A baby contest will be held at 6 o'clock the closing night. Prizes will be awarded to the prettiest and healthiest babies. A new feature for tonight and tomorrow night will be a homemade cake stand, to be in charge of the Woman's Auxiliary. The proceeds of the carnival will form & nucleus of a fund for a new building for the department. REYNOLDS SLAYING TRIAL NEARING END Defense !x;fc’l!d to 610!9 Case of Mountain Youth This ning at Stuart, Va. Eve- Special Dispatch to The Star STUART, Va., June 7.—The conclud- ing phase of the trial of Lemuel Rey- nolds, charged with the murder of Ci phus Stovall, mountain youth, near here on May 21, was reached today in the Circuit Court and it was expected that the defense would be concluded late this evening. Indicted with Reynolds is his brother, Burten Reynolds, and Lemuel. Hancock. but a severanee was taken snd Lemuel Reynolds put on trial. i Cadet Honored JOHN RUCKER JO! Fifteen-year-old son of M Ashton C. Jones of Clarendon, Va., who returned to his home here this week proudly displaying a gold medal that he won as the best-drilled private at Augusta Military Academy, Staunton. Va. He has just completed his second year at the school. LIBRARY ON RADIO. Special Sehool EEsativea ol MBe Broadcast June 13 Over WRVA. RICHMOND, Va., June 7 (#).—A spe- cial public school library program, said to be the first of its kind to be sent over radio, will be broadcast over WRVA station from 7:30 to 8 p.m. June 13, it was announced today by officials of the State Board of Education, The speakers will be R. W. House ot Prospect, Va., president of the Vir- ginia Education Association: Miss Anne M. Riddle of Petersburg, Va., president of the public school librarlans’ section of the Virginia Education Association. and C. W. Dickinson, jr.. State superin- tendent of publie school libraries. and Mrs. 2 Living reduced to 1 Plain rose 1 Rose mohair Seventh Street room suites in gold damask and mo- hair, reduced to 2 Overstuffed suites in small checked mohair, $]85 suite, reduced to suite, reduced te.. HISTORIC ESTATE - PUTINCONDITIN Mrs. Hale Renovates Mell- wood for Her Own Oc- cupancy. By & Staff Correspondent of The Star. MELLWOOD, Md.." June 7.—Having purchased some months ago His Lord- ship's Kindness, historic Colonial es- tate near Woodyard, ars. Chandler Hale, widow of the former Assistant Secretary of State, nas made extensive improvements in the mansion house on the esiate, and plans this season to oc- cupy it as & Summer residence The estate has & history dating back 1o the early Colonial days, and the house itself was built for a bride. In 1702 Col. Henry Darnall secured a land patent for 6.667 acres, which he named His Lordship’s Kindness Nearly two decades later the colonel conveyed a portion of this tract, about 300 acres, to his son, Henry Darnall, jr.. and it was upon this land that 'the house purchased by Mrs. Hale was bullt The son also received portions of es- tates_known as Pitcheroft, Too Good and Darnall's Addition, giving him al- together an estate of nearly 2.000 ac Young Darnall was educated in Eng- land, and while in college met Anne Talbott. niece of George T. Talbott, the Earl of Shrewsbury. The two mar- ried. and in 1728 or 1729 Henry. jr. bullt the house on the estate for him- self and brid The estate and mansion remained in possession of the Darnall family for sev- eral generations, and has since been owned by a line of Sewells and Dainger- fields, passing from one owner to an- other, generally by will. Shot Handling Revolver. LYNCHBURG, Va June 7 (Spe- cial).—Marion Davidson is at Lynchburg | Hospital, suffering from a pistol shot! wound in his neck. which he sustained when he and a friend were examining a revolver, 75 Karpen Upholstered Living Room Suites At Reduced Prices Now You can select an artistic, tastefelly upholstered Karpen Living Room Suite here now at a greatly reduced price. We are parting company with floor samples—only one or two of a kind in most instances. stuff to $160 duced to mohaic 523 5 Karpen $275 4 Mulberry velour over- 1 Loose, pillow-arm mohair suite, reduced to 1 Carved-frame mohair suite, reduced to ware s wenoven | (OURTHOUSE ACTS STIDY 5 ORDERED Montgomery Board Seeks Definition of Rights Under Recent Legislation. BY WILLIAM J. WHEATLEY, Staft Correspondent of The Btar SILVER SPRING. Md. June i Study of the several acts passed by the 1027 and 1920 sessions of the Maryiand Legislature, and providing funds for the | acquisition of additional land and for | the construction of & new courthouse | in Rockville has been ordered by the county commissioners, it was learned today. i The commissioners have sent a letter to Joseph C. Cissel, counsel to the ' board, acking him fo give them an! opinion s to the rights and obliza- tions of the commissioners under the several acts, It was said by Commissioner Lacy Shaw, vice president of the board. that | no particular difficulty has come to| their attention at this time, but that,in | view of the fact that several acts were passed dealing with the area to be ac- | quired, they wanted a_definite legal | statement as to just what they could | do. Mr. Shaw said the board wanted ' to procced in a legal way, and at the same time wanted to build- a court-| house which would meet the peeds of | the county for some years to come. §30,000 for nd Purchase. He pointed out that one of the acts, assed by the last Legislature. while it’| ovided $130.000 for the acquisition of a small strip of land in the square west of the courthouse and additional | moneyfor building,, the act. as they vead it. did limit them o th> use of | $30.000 only of this fund for the pur- | chase ‘of land. Another act provides $50,000 for the acquisition of additional land in the same square. but only for the purpose of widening Montgomery | aveniie. | This widening, of course, will neces- sitate the taking of the fronts.of some of the buildings located on - this street. | These two acts will provide money for taking & portion of two sides of the | square, and it has been proposed by the | county commissioners, if they find they can do so legally, to usc a portion of their $200,000 emergency fund for the | purchase of the remainder of the square. Some weeks ago the county commis- sioners_directed their clerk, Berry E. | Clark, to send letters to the owners of | the property in the square west of the | present court building. asking them to name a price for their property. Quotations From All But Four. | So far the county commissioners have received quotations from all except four | of the landholders. The prices thus | far asked total $130.000, and it was said | the four owners not yet heard from have the most expensive parcels. How- ever, it is not likely that any further move will be made toward starting the | project until an opinion is received | from Mr. Cissel. | Mr. Cissel said that the letier from the county commissioners was very | broad and that he would have fo make a thorough study of all the acts before he could announce an opinion as to just how far the county could go under the laws enacted at both sessions of the Legislature. Woolen Mills Close. { MARTINSBURG, W. Va. June 7| (Special) -~Dunn Woolen Mills today an- | nounced a closing until June 17, made necessary because of overitocking of finished material on orders. | Poland mined nearly 3,750,000 tons of coal in the last 12 months | § Solid mahogany Kar- pen mohair suites, re- 8315 $395 $325 And Many Others Included MAYER & CO. Between D and E embers . . of the District of Columbia Division of the A. A. 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