DEVELOPMENT OF THE DISTRICT OF COLUMBIA 213 



Georgetown, one from the County, and one a civil engineer. 

 This Board was given entire control of, and authorized to make 

 all regulations which it should deem necessary for keeping in 

 repair the streets, avenues, alleys and sewers of the City (its 

 powers were extended to the County by the Legislative As- 

 sembly), and all other works which might be entrusted to it by 

 the Legislative Assembly or Congress. The principle of divis- 

 ion of expense between the United States and the District was 

 again recognized here, as in the further provision of the act that 

 all officers to be appointed by the President were to be paid by 

 the United States and all others to be paid by the District for 

 their services. 



An interesting provision of the scheme, though one that was 

 never acted upon, indicates the extent to which the principle of 

 local government in local affairs still held sway ; for it was pro- 

 vided by the act that the Legislative Assembly might divide the 

 portion of the District outside of the cities into townships, not 

 exceeding three, and create township officers and prescribe their 

 duties, but that all township officers should be elected by the 

 people of the townships respectively. 



The Supreme Court of the District of Columbia in the case 

 of Roach V. Van Riswick (MacA. & M., 171, decided No- 

 vember 18, 1897), held that much of this act, so far as it con- 

 cerned the Legislative Assembly, was unconstitutional and 

 void, for the reason that , Congress had no power to delegate 

 general legislative authority to the local government of the Dis- 

 trict, but could give that government only such powers as 

 might properly be conferred upon a municipal corporation ; a 

 decision which may yet be brought under review, to somebody's 

 disaster, as I think : for it seems to me clearly wrong, seeing 

 that the Constitution only gave Congress the potential right of 

 jurisdiction over the District, and that it was Maryland, the 

 sovereign of the territory, that "ceded and relinquished" that 

 territory, — not delegated any powers — "to the Congress and 

 government of the United States, in full and absolute right, 

 and exclusive jurisdiction, as well of soil as of persons residing 

 or to reside thereon." This is not delegation : it is absolute ces- 

 sion of territory and abdication of all rights therein, and the sue- 



