HOMES OF THE SUPREME COURT OF THE UNITED STATES
The Supreme Court of the United States is the major tribunal of one of three coordinate branches of the Government—the judicial. During the 148 years of its existence the Supreme Court has sat in eight different places, always in or near the Capitol or place of meeting of the legislative body. Thus it met, first, in New York; second, in Independence Hall, Philadelphia; third, in the basement of the Capitol, where it was when the British burned the Capitol in 1814; fourth, while the Capitol was being rebuilt the Supreme Court occupied the residence of the clerk of the court; fifth, when the Capitol wings were built it moved into its former chamber; sixth, when driven out by an explosion and fire in 1898 it occupied the committee room of the Senate Committee on the District of Columbia, of which Senator McMillan was chairman, and also sat for a brief period in the Judiciary Committee Room.
It then moved back into what was the old Senate Chamber until 1859 which was designed by Benjamin Latrobe, after the model of a Greek theater, a semicircular hall with a low-domed ceiling. It is historic. Here Webster replied to Hayne; here Calhoun debated with Clay and Webster; and in it the Electoral Commission sat which decided the presidential contest between Hayes and Tilden in 1877.
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.
ARLINGTON CEMETERY, ARLINGTON MANSION, AND FORT MYER