Dempsey v. District of Columbia
Dempsey v. District of Columbia
Opinion of the Court
delivered the opinion of the Court:
The two assignments of error here, are based upon the same objections that were urged in the Police Court, and which that court refused to sustain.
i. It is contended, in the first place, that this information should have been filed in the name of the United States, and not on behalf of the District of Columbia. And it is argued that the act complained of, if it is a crime at all, is a violation of an act of Congress, and not merely of a local ordinance; that the legislation of Congress is national in its character; and that, in the language of the case of the Metropolitan Railroad Company v. The District of Columbia, 132 U. S., 9, “crimes committed in the District of Columbia are not crimes against the District, but against the United States.”
It is true, as stated in the case of Cohens v. Virginia, 6 Wheaton, 424, that, in legislating for the District of Columbia, Congress acts as the legislature of the Union; and, as the Constitution of the United States now stands, this could not well be otherwise. But it is likewise true, as laid down in the same case, that the extent and incidents of this legislation are to be determined from its character and subject matter. Such legislation may, for some purposes, have a scope and effect co-extensive with the Union; while for other purposes it may have no extra-territorial effect whatever. Congress may not only legislate for the District of Columbia in a general sense; it may also make for it such by-laws and local regulations as are usually comprehended under the name of municipal ordinances. This latter power it may delegate; the power of general legislation it may not delegate. But whatever power it may delegate it certainly can itself exercise directly. And when - Congress enacts a municipal ordinance for the District of Columbia, it may provide that this ordinance shall be the act of the municipal corporation known as the District of Columbia, and that the District as a corporation shall enforce it, and shall be liable for its consequences. In fact, such enforcement and such liability would seem to follow as a necessary consequence
In the case of Barnes v. District of Columbia, 91 U. S. 540, the District of Columbia, as a municipality, was held responsible for the action of an agency imposed upon it by the superior power of Congress. If it was responsible for the action of that agency it was equally entitled to any benefits resulting from it. And if such an agency could be so imposed upon it with such results, it is only reasonable that the incidents of municipal ordinances imposed upon it should be construed in the same way.
But we are not left here solely to the interpretation of general principles. In providing in the 15th section of the act of March 3, 1893, that “ prosecutions for violations of the provisions of this act shall be on information filed in the Police Court by the attorney of the District of Columbia or any of his assistants duly authorized to act for him,” we are not to suppose that Congress intended to convert the attorney of the municipal corporation into a federal official. It might have rather serious consequences so to hold. An attorney can only be the attorney of his principal. What he does as attorney he must do in the name and on behalf of his principal. The principal here is the District of Columbia, and not the United States. It is true that Congress might possibly have directed the attorney for the District of Columbia to proceed in the name of the United States. But unless it did so specifically and by express direction it would manifestly be improper for him to assume to proceed in the name of the United States.
The first ground of exception, therefore, taken by the plaintiff in error we regard as wholly untenable.
2. The second assignment of error is based upon the assumption that the act of March 3, 1893, is not in force in that portion of the District of Columbia lying within one mile of the Soldiers’ Home. It is argued that the two clauses of section 21 of that act, by one of which this act is made a substitute for all existing laws and regulations for the sale of
We do not find any such inconsistency as is claimed in the 21st section of the act of March 3, 1893. And even if there were such inconsistency, and the second clause should be regarded as the only operative part, it is not apparent that it has any effect whatever on the law prohibiting the issue of licenses to sell in the region adjacent to the Soldiers’ Home. There is no inconsistency between the act of February 28, 1891, and the acit of March 3, 1893. The latter seeks tq
The defendant in this case had no license under either the act of 1873 or the Assembly act of 1871. The act of 1893 was plainly operative in his case. It prohibited under penalty the traffic in liquor at any place in the District of Columbia, except in pursuance of license. It incorporated in itself, because it did not repeal, the act of February 28, 1891. It, therefore, absolutely prohibited within the region adjacent to the Soldiers’ Home the sale of intoxicating liquors, with or without license, by superadding the prohibition of license for that region.
It is very plain to us that the defendant has brought himself within the operation of the penalty prescribed by tire act of March 3, 1893, and that the judgment of the Police Court against him should be affirmed with costs.
The writ of error is dismissed, and the cause is remanded to the Police Court with directions to carry its judgment into effect.
Reference
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- DEMPSEY v. THE DISTRICT OF COLUMBIA
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