CHAPTER XXIII

THE GOVERNMENT OF THE DISTRICT OF COLUMBIA

The first Government of the District of Columbia consisted of three

Commissioners appointed by the President of the United States. Then 21

mayors served from 1802 to 1871.

A Territorial form of government, consisting of a governor, a board of

public works, and a legislative assembly, was provided for by an act

of Congress of February 21, 1871. The legislative assembly consisted

of 11 members, called a council, and 22 other members, called a

house of delegates. The District also had a Delegate in the House of

Representatives of the United States. The governor and the board of

public works were appointed by the President of the United States,

and the legislative assembly was elected by the people. This form of

government lasted three years, until June 20, 1874, when Congress

provided that the District should be governed by three commissioners,

appointed by the President. This was known as the temporary form of

government and lasted until June 30, 1878.

Thereupon the Congress, by an act approved June 11, 1878, created the

present form of government of the District of Columbia, to become

effective July 1, 1878. By this act the District was created a

municipal corporation with right to sue and be sued.

The act provided for the appointment of three commissioners, two of

them to be selected by the President from persons residing in the

District of Columbia for a period of three years preceding their

appointment. The third member was to be an officer of the Engineer

Corps, United States Army, detailed by the President, and to be

known as the engineer commissioner. The appointments of the civilian

commissioners are for a period of three years, or until their

successors are appointed. The detail of the engineer commissioner is at

the pleasure of the President. This detail is usually about four years.

While the District has a municipal form of government, Congress, by

various statutory enactments, has treated it as a branch of the United

States Government by including it in legislation applying to the

executive departments, such as the budget and accounting act, the act

classifying the salaries of Federal employees, and the act providing

for retirement of Federal employees.

In the act of June 11, 1878, it was provided that the expenses of the

government of the District should be borne 50 per cent by the United

States Government and 50 per cent from the revenues of the District of

Columbia, raised by taxation. This method of financing remained in

force from 1878 until 1920. In that year the proportionate expense was

changed by Congress so that 60 per cent of the expenditures was raised

by taxation and 40 per cent was contributed by the Federal Government.

This provision continued in force until the year 1925, when Congress

determined on a lump-sum contribution of $9,000,000 annually, the

balance of the expenses to be raised by taxation; the amounts of money

appropriated have varied since then.

The heads of the various departments make recommendations to the

commissioner in charge of their respective departments, and each

commissioner brings these recommendations to meetings of the board of

commissioners, which are held on Tuesday and Friday of each week. The

secretary to the board of commissioners records the action on these

recommendations and acts as executive officer of the board by issuing

orders and carrying on correspondence.

Not all of the municipal duties are, however, vested in the board of

commissioners. The management of the public schools is vested in a

school board of nine members appointed by the justices of the Supreme

Court of the District of Columbia. The Public Library, with its

branches, is managed by a board of trustees appointed by the board of

commissioners. The penal, charitable, and correctional institutions are

managed by a board of public welfare appointed by the commissioners.

The public utilities are under a public-utilities commission,

consisting of two civilians, appointed by the President, and the

engineer commissioner, who is a member ex officio. The public parks

are under the jurisdiction of the Department of the Interior, which

is also in charge of public buildings and grounds. The water supply

is under an Army engineer officer, designated the district engineer,

but the distribution of the water is under the jurisdiction of the

commissioners. The zoning of private property as to height of building,

use of building, area of ground to be built upon, is handled by a

zoning commission, of which the three commissioners are members and, in

addition thereto, the Architect of the Capitol and the Director of the

National Park Service.

The justices of the Supreme Court of the District of Columbia and the

judges of the police, municipal, and juvenile courts are appointed by

the President, as is also the recorder of deeds.

The National Capital Park and Planning Commission has been created by

Congress to advise the commissioners as to the planning of the city in

laying out new and changing old highways. This commission purchases

all land for parks and playgrounds. The land so purchased for parks

is placed under the Department of the Interior and the land for

playgrounds under the commissioners.

All expenditures for municipal purposes, including the schools, parks,

water supply, land purchases, etc., are appropriated by Congress

annually, and are based upon estimates submitted by the heads of the

District government and the other officials hereinbefore named.

These estimates are submitted by the Commissioners to the Director of

the Budget, a Federal official, and when approved are submitted by

the President to Congress, together with the estimates of the Federal

Government. Before submitting such estimates the Commissioners fix upon

a tax rate which they believe should not be exceeded. This tax rate is

such that, when applied to the taxable value of real, personal, and

intangible property in the District of Columbia, it will raise the

funds necessary to meet the estimates of the appropriations submitted

to the Director of the Budget. The present rate of taxation for real

and personal property is $1.75 per $100, based on full value. For

intangible personal property, such as money in bank, stocks and bonds,

etc., the rate is $5 per thousand.

For the fiscal year ended June 30, 1938, the assessed value of land

in the District of Columbia was $480,473,718, and of improvements

$713,025,368, a total of $1,193,499,086.

The assessed value of tangible personal property for the same year was

$81,566,107. The value of intangible personal property was $575,472,070.

The budget estimate as submitted by the President to Congress each year

is reviewed by subcommittees of the Appropriations Committees of the

House and Senate, and the total amount of the Appropriation is fixed by

Congress and approved by the President.

Under the provisions of the Constitution, all legislation affecting

the District of Columbia must be passed by Congress. The advice of the

Commissioners is usually sought before such legislation is enacted.

What has been stated is but a brief outline of the government of the

District of Columbia. It can readily be seen that the District has a

dual status as a municipal corporation and as a branch of the Federal

Government. This situation has no parallel in any other city of the

United States. The District is also unique in having no bonded debt.

All of its expenses are borne from current revenues.

The residents of the District of Columbia do not enjoy the privilege

and obligation of suffrage. On the question of whether the people

should be allowed to vote in national elections and in local elections

there is a division of opinion.

[Illustration: ARLINGTON CEMETERY, ARLINGTON MANSION, AND FORT MYER]

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