Additional material filed with the committee Continued Reissig, Dr. Frederick E., executive secretary, Council of Churches Page 507 Reuss, Hon. Henry S., a Representative in Congress from the State of Wisconsin, remarks in the Congressional Record of August 20, 1959, entitled "The Power of Congress To Create a Legislative Rivers, Hon. Ralph J., a Representative in Congress from the State Roosevelt, Hon. James, a representative in Congress from the State Georgetown Law Journal, winter 1957-58, volume 46, No. 2, article entitled, "The Constitutionality of Home Rule and National Representation for the District of Columbia". George Washington Law Review, January 1953, volume 21, No. 3, article under "Editorial Notes" entitled, "Delegable Powers and the District of Columbia: An Old Problem in a New Rudolph Parent-Teacher Association, H. Herbert Baird, president, Southwest Community House Association, James E. Lewis, Jr., Excerpt from Federalist No. XLIII (Madison) Letter to Representative Davis, of Georgia, dated September 2, 504 526 485 Washington Bar Association, E. Lewis Ferrell, chairman, board of 534 West School Parent-Teacher Association, Mrs. Elsie W. Mitchell, 526 Wheatley Parent-Teacher Association, Mrs. Alma D. Porter, presi- 528 Whittier Parent-Teacher Association, Jean Lewis, president, state- ment_._. 524 Women's Alliance, All Souls' Church, Miss Eula James, chairman, 534 Women's International League for Peace and Freedom, Mrs. Bertha C. McNeill, president, District of Columbia area branch, letter dated DISTRICT OF COLUMBIA HOME RULE BILLS TUESDAY, JULY 28, 1959 HOUSE OF REPRESENTATIVES, The subcommittee met at 10 a.m., pursuant to notice, in room 445, Chairman Davis and the following other members were present: Also present: William N. McLeod, Jr., clerk of the Committee on Mr. DAVIS. The subcommittee will come to order, please. We have called these hearings to consider all of the pending home rule legislation before this subcommittee. There are pending 26 bills; 23 of them are identical. Three vary in some respects from the others, they are the bills by Mr. Auchincloss, H.R. 2321; by Mr. Wier, H.R. (S. 1681, H.R. 1379, H.R. 2321, H.R. 4400, and H.R. 8081 follow :) AN ACT To provide an elected mayor, city council, and nonvoting delegate to the House of Representatives for the District of Columbia, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to the retention by Con- gress of the ultimate legislative authority over the Nation's Capital which is granted by the Constitution, it is the intent of Congress to restore to the in- habitants of the District of Columbia the powers of local self-government which are a basic privilege of all American citizens; to reaffirm through such action the confidence of the American people in the strengthened validity of principles of local self-government by the elective process; to promote among the in- habitants of the District the sense of responsibility for the development and well- being of their community which will result from the enjoyment of such powers of self-government; to provide for the more effective participation in the devel- opment of the District and in the solution of its local problems by those persons who are most closely concerned; and to relieve the National Legislature of the burden of legislating upon purely local District matters. It is the further inten- tion of Congress to exercise its retained ultimate legislative authority over the District only insofar as such action shall be necessary or desirable in the in- terest of the Nation. Finally, it is recognized that the restoration of the powers of local self-government to the inhabitants of the District by this Act will in no way change the need, which arises from the unique character of the District as the Nation's Capital, for the payment by the Federal Government of a share 1. Sec. 321. Functions heretofore exercised by the Board of Commissioners. Sec. 322. Functions relating to zoning and other agencies. PART 1-BORROWING FOR CAPITAL IMPROVEMENTS Sec. 601. Borrowing power; debt limitations. Sec. 602. Contents of borrowing legislation; referendum on bond issue. Sec. 603. Publication of borrowing legislation. Sec. 604. Short period of limitation. PART 2-ANNUAL POST AUDIT BY GENERAL ACCOUNTING OFFICE Sec. 721. Independent annual post audit. Sec. 722. Amendment of Budget and Accounting Act. PART 3-ADJUSTMENT OF FEDERAL AND DISTRICT EXPENSES Sec. 731. Adjustment of Federal and District expenses. TITLE VIII-ELECTIONS IN THE DISTRICT Sec. 801. Board of elections. Sec. 802. What elections shall be held. Sec. 803. Elective offices; terms of office. Sec. 804. Vacancies. Sec. 805. What candidates are elected. Sec. 806. Qualified electors. Sec. 807. Registration. Sec. 808. Qualified candidates. Sec. 809. Nominations. Sec. 810. Nonpartisan elections. Sec. 811. Method of voting. Sec. 812. Recounts and contests. Sec. 813. Interference with registration or voting. TITLE IX-MISCELLANEOUS Sec. 901. Agreements with United States. Sec. 902. Personal interest in contracts or transactions. Sec. 903. Compensation from more than one source. Sec. 904. Assistance of United States Civil Service Commission in development of District merit system. TITLE X-SUCCESSION IN GOVERNMENT Sec. 1001. Transfer of personnel, property, and funds. Sec. 1002. Existing statutes, regulations, and so forth. Sec. 1003. Pending actions and proceedings. Sec. 1004. Vacancies resulting from abolition of Board of Commissioners. TITLE XI-SEPARABILITY OF PROVISIONS Sec. 1101. Separability of provisions. TITLE XII-TEMPORARY PROVISIONS Sec. 1201. Powers of the President during transition period. SEC. 101. For the purposes of this Act (1) The term "District" means the District of Columbia. (2) The terms "District Council" or "Council" means the Council of the District of Columbia provided for by title III. (3) The term "Chairman" means the Chairman of the District Council provided for by title III. (4) The term "Mayor" means the Mayor provided for by title IV. (5) The term "qualified elector" means a qualified elector of the District as specified in section 806, except as otherwise specifically provided. (6) The term "act" includes any legislation adopted by the District Council, except where the term "Act" is used to refer to this Act or other Acts of Congress herein specified. (7) The term "District Primary Act" means the Act of August 12, 1955 (Public Law 376, Eighty-fourth Congress; 69 Stat. 699). (8) The term "person" includes an individual, partnership, association, jointstock company, trust, or corporation. (9) The term "capital project, or "project", means (a) any physical public betterment or improvement and any preliminary studies and surveys relative thereto; (b) the acquisition of property of a permanent nature; or (c) the purchase of equipment for any public betterment or improvement when first erected or acquired. (10) The term "pending", when applied to any capital project, means authorized but not yet completed. (11) The term "Board of Elections" means the Board of Elections created by section 3 of the District Primary Act. (12) The term "election", unless the context otherwise indicates, means an election held pursuant to the provisions of this Act. (13) The term "domicile" means that place where a person has his true, fixed and permanent home and to which, when he is absent, he has the intention of returning. (14) The term "municipal office" means an office of any governmental unit subordinate to a State or Territorial government. (15) The terms "publish" and "publication", unless otherwise specifically provided herein, mean publication in a newspaper of general circulation published in the District. (16) The term "Municipal Courts of the District of Columbia" means the Municipal Court for the District of Columbia, the Municipal Court of Appeals for the District of Columbia, the District of Columbia Tax Court, the juvenile court of the District of Columbia, and such other municipal courts as the District Council may hereafter establish by act. TITLE II-STATUS OF THE DISTRICT STATUS OF THE DISTRICT SEC. 201. (a) All the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia is hereby declared to be a body politic and corporate in perpetuity for governmental purposes and as such may sue and be sued, contract and be contracted with, and have a corporate seal. Such body politic and corporate is the successor of the District of Columbia created by section 2 of the Revised Statutes relating to the District of Columbia and continued by the first section of the Act of June 11, 1878 (D.C. Code, 1951 edition, sec. 1-102). So far as is consistent with the provisions of this Act, all powers, rights, privileges, immunities, duties, obligations, assets, and liabilities of the District of Columbia created by such section 2 are hereby transferred to, vested in, and imposed upon the body politic and corporate created by this section. (b) Section 1 of the Act of February 21, 1871 (16 Stat. 419), and section 1 of the Act of June 11, 1878 (20 Stat. 102), are hereby repealed. (c) Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552). TITLE III-THE DISTRICT COUNCIL PART I-CREATION OF THE DISTRICT COUNCIL CREATION AND MEMBERSHIP SEC. 301. There is hereby created a Council of the District of Columbia consisting of nine members elected as provided in title VIII. |