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COMMITTEE ON THE JUDICIARY

EMANUEL CELLER, New York, Chairman FRANCIS E. WALTER, Pennsylvania

WILLIAM M. McCULLOCH, Ohio THOMAS J. LANE, Massachusetts

WILLIAM E. MILLER, New York MICHAEL A. FEIGHAN, Ohio

RICHARD H. POFF, Virginia FRANK CHELF, Kentucky

WILLIAM C. CRAMER, Florida EDWIN E. WILLIS, Louisiana

ARCH A. MOORE, JR., West Virginia PETER W. RODINO, JR., New Jersey

H. ALLEN SMITH, California E. L. FORRESTER, Georgia

GEORGE MEADER, Michigan BYRON G. ROGERS, Colorado

JOHN E. HENDERSON, Ohio HAROLD D. DONOHUE, Massachusetts JOHN V. LINDSAY, New York JACK BROOKS, Texas

WILLIAM T. CAHI New Jersey WILLIAM M. TUCK, Virginia

JOHN H. RAY, New York
ROBERT T. ASHMORE, South Carolina
JOHN DOWDY, Texas
LESTER HOLTZMAN, New York
BASIL L. WHITENER, North Carolina
ROLAND V. LIBONATI, Illinois
J. CARLTON LOSER, Tennessee
HERMAN TOLL, Pennsylvania
ROBERT W. KASTENMEIER, Wisconsin
GEORGE A. KASEM, California

BESS E. DICK, Staff Director
WILLIAM R. FOLEY, General Counsel
WALTER M. BESTERMAN, Legislative Assistant
WILLIAM P. SHATTUCK, Legislative Assistant
CHARLES J. ZINN, Law Revision Counsel

CYRIL F. BRICKFIELD, Counsel
WILLIAM H. CRABTREE, Associate Counsel

SUBCOMMITTEE No. 5

EMANUEL CELLER, New York, Chairman PETER W. RODINO, JR., New Jersey

WILLIAM M. MCCULLOCH, Ohio BYRON G. ROGERS, Colorado

WILLIAM E. MILLER, New York LESTER HOLTZMAN, New York

GEORGE MEADER, Michigan
HAROLD D. DONOHUE, Massachusetts
HERMAN TOLL, Pennsylvania

C. F. BRICKFIELD, Counsel

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CONTENTS

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Page
Text of H. J. Res, 529..

3
Testimony of

Bigio, Mrs. Samuel, 7636 17th Street, NW., Washington, D.C.-- 156
Bress, David, Esq., attorney at law, Washington, D.C.

50

Broyhill, Hon. Joel T., a Representative in Congress from the State

of Virginia -

23

Case, Hon. Francis, U.S. Senator from the State of South Dakota - 118

Chamberlain, Culver, Democratic Central Committee for the District

of Columbia

148

Dalton, John M., Esq., president, Junior Chamber of Commerce,

Washington, D.C...

64

Davis, F. Elwood, Esq., chairman, Citizens Joint Committee on

National Representation for the District of Columbia--

35, 173

Donohue, Hon. F. Joseph, former Commissioner of the District of

Columbia

45

Hechler, Hon. Ken, a Representative in Congress from the State of

West Virginia..

135

Humphrey, Hon. Hubert H., U.S. Senator from the State of Minne-

sota.

124

Keating, Hon. Kenneth B., U.S. Senator from the State of New York - 5

Koockogey, Gover M., vice president, Kalorama Citizens Association. 112

McLaughlin, Hon. Robert E., President, Board of Commissioners of

the District of Columbia.

29

Morse, Hon. Wavne, U.S. Senator from the State of Oregon.

46

Multer, Hon. Abraham J., a Representative in Congress from the

State of New York.

14

Muñoz-Marín, Hon. Luis, Governor of Puerto Rico

21

Randolph, Hon. Jennings, U.S. Senator from the State of West

Virginia --

127

Wender, Harry S., Esq., attorney, representing B'nai B'rith.

67

Statement of-

Biddle, Sam, chairman, Legislative Advisory Group of the Republican

State Committee of the District of Columbia..

53

Brown, Philip, Washington, Washington Home Rule Committee --

145

Bush, Mrs. John W., chairman, District of Columbia Federation of

Women's Clubs..

55

Butler, Miss Sally, legislative chairman, General Federation of

Women's Clubs.-

52

Celler, Hon. Emanuel, a Representative in Congress from the State of

New York..

1

Clark, Charles Patrick, Esq., attorney, World Center Building,

Washington, D.C.---

136

Gichner, Mrs. Henry, vice chairman, District of Columbia Committee

for the White House Conference on Children and Youth.

115

Gilliland, John B., District of Columbia Congress of Parents and

Teachers.

152

Gottsegen, Mrs. Jack, National Council of Jewish Women, Inc..

149

Hall, Woolsey W., Federation of Civic Associations-

54

Harris, Hon. Oren, a Representative in Congress from the State of

Arkansas.

117

Hawes, Alexander B., Esq., representing the Bar Association of the

District of Columbia..

48

Hudgins, Herbert V., Woodridge Citizens Association.

111

Kane, Francis J., president, Association of Oldest Inhabitants.

54

Lamb, George P., Esq., Lamb & Long, Pennsylvania Building-

140

Leeman, Herbert, 1405 G Street NW., Washington, D.C...

156

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Statement of—Continued

Lindsay, Hon. John V., a Representative in Congress from the State Page

of New York.

136

Louchheim, Mrs. Katie, Democratic National Committeewomen

for the District of Columbia.

63

Lusk, Hon. Rufus, president, Washington Taxpayers Association -- 145
McGuigan, F. H., secretary, Greater Washington Central Labor
Council,' AFL-CÍO..

140

Meltzer, Sadye F., secretary, Lamond-Riggs Citizens' Association... 160

Morris, E. K., Esq., president, Metropolitan Washington Board of

Trade

51

Norwood, William K., president, Federation of Citizens' Associa-

tions of the District of Columbia..

64

O'Donnell, James F., Esq., counsel, District of Columbia Federation
of Business Men's Associations, Inc.

146

Paul, Mrs. Joseph B., president, 20th Century Club-

54

Prahinski, Theodore, vice president for District affairs, Young Demo-

cratic Club of the District of Columbia-

114

Rosenblum, Mrs. Haskell, president, District of Columbia League of

Women Voters --

147

Schlaifer, Irving, 912 Gallatin Street, Washington, D.C..

154

Sherry, Daniel," president, National Capital Association of B'nai

B'rith.

150

Stone, J. Norman, president, Uptown Morse for President Club - 150

Wiley, Mrs. Harvey W., 2d vice president, Women's City Club of

Washington, D.C..--

138

Wilcox, Mr., secretary, Association of Oldest Inhabitants..

54

Letters, telegrams of-

Albaugh, Bill, acting secretary, District of Columbia Statehood

Committee..

158

Barnes, Roberta S., president, Department of Elementary School

Principals, National Education Association, Washington, D.C. 57

Biemiller, Andrew J., director, Department of Legislation, AFL-CIO. 58

Borchardt, Herbert, commander, District of Columbia Department,

Veterans of Foreign Wars of the United States ---

157

Cobb, Charles W., Jr., 6347 North Washington Boulevard, Arlington,
Va.

162
Daly, Victor R., Washington, D.C.--
Darrin, David, 140 Constitution Avenue, NE., Washington, D.C. 163
Dodek, Oscar I., president, Merchants & Manufacturers Association,
Inc.

159

Foley, Hon. John R., a Representative in Congress from the State of

Maryland

29

Gluck, Morton, chairman, Home Rule Committee of Americans for

Democratic Action, Washington Chapter----

159

Gori, Patrick T., executive director, Downtown Park & Shop, Inc.- 58

Grant, Maj. Gen. U.S., III, retired

161

Hodgkins, George W., 1832 Biltmore Street, NW., Washington, D.C. 162, 171

McCane, Mrs. Margaret P., chairman, Christian Social Action Com-

mittee, People's Congregational Church, Washington, D.C.--

158

McNeill, Bertha, president, Women's International League for Peace

and Freedom

158

Palisades Citizens' Association.

58

Mrs. Robert J. Phillips, president, League of Women Voters of the

United States.

60

Sheble, Walter Franklin, Esq., chairman, Junior Bar Section, Bar

Association of the District of Columbia, Washington, D.C.

161

Shoen ker, J. F., 156 Uhland Terrace NE., Washington, D.C.-

59

Simonds, Arthur, Jr., executive secretary, Montgomery County Edu-

cation Association.--

164

Taggert, Etta L., president, The Washingtonians.-

56

Underwood, P. James, secretary, The Citizens' Association of Takoma,

D.C..

57

Miscellaneous:

Washington Post editorial, April 6, 1960.-

62

Reports on similar proposals in previous Congresses.

70

Report of District of Columbia Board of Commissioners..

30

Review of apportionment and districting requirements.--

164

Proposed amendments, 1789–1954.---

170, 171

62

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DISTRICT OF COLUMBIA REPRESENTATION AND VOTE

WEDNESDAY, APRIL 6, 1960

in

a

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 5
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee was called to order at 10 a.m., room 346, House Office Building, the Hon. Emanuel Celler (chairman of the committee) presiding.

Present: Emanuel Celler, Peter W. Rodino, Jr., Byron G. Rogers, Lester Holtzman, Harold D. Donohue, Herman Toll, William M. McCulloch, William E. Miller, and George Meader.

Also present: Cyril F. Brickfield, counsel, William H. Crabtree, associate counsel, and Richard Peet, counsel.

The CHAIRMAN. The committee will come to order.

Senator Keating, is your statement going to be long? I promised Congressman Multer, who has to go to a committee meeting, that he might speak briefly. Will that be agreeable to you?

Senator KEATING. Yes, Mr. Chairman. We convene at 10 this morning. I am awaiting a call. If we have a quorum call or something right at the start, I would have to leave.

The CHAIRMAN. Mr. Multer, will you yield to Senator Keating?
Mr. MULTER. Of course.

Senator KEATING. I think I am safe, Mr. Chairman. I will be about 10 minutes.

The CHAIRMAN. However, the Chair wishes to read a statement first.

In sponsoring this legislation, which I introduced last year-September 11, 1959-I am hopeful that a constitutional amendment will be adopted in the very near future, giving the people of the District of Columbia the right to vote in Federal elections, as well as an enfranchised voice in the affairs of our National Legislature.

It seems incongruous that citizens as far away as Hawaii and Alaska have the right to vote, while the residents of the seat of the government do not, especially when it is remembered that the men and women of the District of Columbia have all the obligations of citizenship, including the payment of Federal taxes, of local taxes, and service in our Armed Forces.

The District of Columbia, with more than 850,000 residents, has a greater number of persons than 15 of our States and a greater number of its sons and daughters served in our Armed Forces in World War II than served from a third of our States.

The District's population, in fact, exceeds the combined population of Alaska, Nevada, and Wyoming, three States which are represented by nine men in Congress, while the District of Columbia remains

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unrepresented. In 1948, the last time the District tax contributions were reported separately, the District paid over $363 million in Federal taxes—more than the contributions of 25 States.

One may ask: Why have the residents of the District of Columbia been denied the right to vote for President and Vice President and excluded from representation in the Congress? A study of the constitutional debates of the Constitutional Convention of 1787 and also of the contemporary writings of our leading statesmen of that day discloses that it was not the intention of our Founding Fathers to deny the District such rights. The denial stems, apparently, from an oversight or omission on their part, for nowhere in our fundamental instrument is there an express prohibition against voting by residents of the District; it is just that the Constitution simply does not provide for the right.

At the time the Constitution was being considered in Philadelphia in 1787, James Madison wrote in the Federalist, No. 43, that the inhabitants of the new Federal city should “of course * have their voice in the election of the government which is to exercise authority over them.”

But at that time it was not known where the seat of government would be or what would be the size of the area ceded to the Federal Government for that purpose. It might have been, for all the Founding Fathers knew, a very small area indeed, just enough to encompass the Federal buildings needed to carry out the business of government, with residents surrounding it retaining their State citizenships. In any event, no provision for national representation of the Federal inhabitants was included. As the remarks of Madison suggest, however, the failure to do so was due to an oversight rather than to any intention by the framers to deny residents of the District the right to vote.

Technically, voting rights are denied District residents because the Constitution is said to provide machinery only through the States for the election of Senators and Representatives to Congress and for selection of the President and Vice President (art. I, sec. 2). Since the Dis

. I trict is not a State or part of a State, there is no machinery through which its citizens may participate in such matters.

The correction of this omission is the sole purpose of my resolution, House Joint Resolution 529, which calls for a simple amendment to the Constitution, which would authorize Congress to pass laws permitting District citizens to vote in national elections and to elect Delegates to the House of Representatives with such powers as Congress determines. It provides

1. That the number of District Delegates in the House of Representatives shall be determined by an apportionment method known as the method of equal proportions with the District receiving, generally, as many Delegates as each State is entitled to Representatives on a population basis but in no event less than one Delegate;

2. That the Delegates are to have such powers, including the right to vote, as the Congress by law may prescribe;

3. That District residents may vote in national elections and be entitled to as many electoral votes for President and Vice President as the District has Delegates in the Congress.

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