Evening Star Newspaper, March 23, 1930, Page 11

. DATA ON CROSBY P SENT T0 SENATE Whttl House Forwards Al Available Correspondence * to Capper Committee. ___(Confinukd Fram First Page.) Gitizens* Associations on the question of _eligibility, and letters favorable to the appointment from the following ToupPs Island Avenue Oitigens’ ssociation, Dupont Circle Citizens’ As- sociation, Phoenix Club, Capital View Citizens' Associgtion, War Veierans' Res publican €lub, Forest Hills Citizens'| Association, ‘immus Heights Citizens’ Association; and a_number of other in- dividual letters of indorsement. The | Senate committee had already received direct, a resolution of indorsement of Gen. Crosby from the Southeast Wash- ington Citizens' Association. The fhree letters received by the Senate . challenging the le- fi!llly af ap] ting a retired Army of- cer_ were _1 former Commissioner Henry L. West, 2701 Connecticut ave- nue; H. Ralph Burton, a lawyer, and from the Centval Citisens' Association ‘While expressing gveat respect for Gen Crosby, est contended his appeint+ ment is in violation of the organic law. The list of indorsements of Dr. Reichelderfer transmitted by the White House included the following: Senator Norbeck, Republican of Sou who wrote that, the nominee is an “ex ceptionally high-class “gentleman”; C H. Pope, vice president of the Munsey Trust Co.; Dr a8 A. Groover, Cloyd H. Marvin, president of George Washington University; G. Thomas | Dunlop, W. ' ¥.. 'Willoughby, Frank leech, chairman of the medical staff of Children’s Haspital; Dr. John Foote, Howard E. Severe, Washington Chapter, American Business Club; Dr. Joseph 8. Wall, 1864; Wyoming avenue: Randall H. Hagner, William B. Willard, John Dolph, W. W.-BEverett, H. A. Willard, 2d.; Oseas igan, Dr. A. C. Chrisiie, Dr. Ghdrles*S. ‘White. Ralph P. Barn- | ard. H. Prescolt Gatley and Clarence | A. Aspinwall. i Attorney General's Opivion. | The l-n&hly memorandum from the | Attorney General's office regarding Gen. 's status lald stress ol the point that the language of the organic agt of 1878 should be Interpreted in the light of the jaws as they then stood on the subfect of el :!lty of retired and active officers for civil positions. The opinion began as follaws: “The question under consideration is whether a retired Army officer is eli- gible for appointment to the office of CGommissioner of the District of Co- Jumbia, assuming thet he has the qualifications of citizenship and actual residence in the Distriet of Columbia ::rnl'hree ,vuu'[l‘mx‘:| hefare his appoint- ent, as specified act relating to the Dmrlgc .{'d m!u:‘blt' The ques- tion otherwise stated whether a} Commissioner ' having thase qualifica- tions is not appointed frem ‘civil life’ within the ‘meaning of that phrase as used in the District of Columbia act, if Re is & retired Army officer.” sht- then quoted from the set up the ngs, . iwo “appointed r,r'o‘n civil life shall, ‘#8the time of their appeintment, be cif _of sthe United . States and shall beep actual residents of the District: of- €olumbia for three years next before their up_plmmenz el will the opinion ¢ ‘1 enumerating the qu - of -the two Commissio} ihe Wr. Cfln‘ressna not -.guy ! should be civil- {ans. referred to them as made that assumption because of some other statute. Therefore, in qrder to ! tain what was meant by the phrage | Jéferting ta these twa ascert “eivil life’ it is neeessary to know what was the state of the law at that time respecting eligibility to civil ts of re- tired and active officers, then disqualified retired officers. them Congress used .ihe words ‘eivil life’ in & sense which would exclude retired of- ficers. 1f, on" the other hand, retired officers, returned to civil pursuits, were eligible, but active officers not, Con- ress no doubt used the words ‘civil ife’ as excluding only officers in ae- tive military service, To interpret this statute it . neeessary to review the state of tielaw on these matters as of lh;.dlu'd— the passage of the act of 878, of Columbia enacted next preced the passage of the act of 1878, abowi uoted, was the act of June 20, 1874. I‘Mt act provided in seetion 2: Qualifieations Not Specified. ““That the President of the Uniied ®tates, by and with the advice and eon- sent of the Senate, is hereby author- fred to appoint a commission, consist- ing of three persons, who ahall, until ptherwise provided by law, exercise all fthe power and authority now lawfully wested in the governor or board of pub- ic works of ssid District, exce) rinafter limited." The act did not specify any gquali- ‘::‘tl;m ’lor’-ttn c«-nnl:nhmn Sec- of tl act provi t ““That the t of the United tates shall-detail an offieer of the Ba- ineer Corp of the Army of the United tates, wha shall, subject to the gen- ral supes and direction of the id board of Commissioners, have the trol and charge of the work of re- m and improvement of all streets, etc.” “The agt also provided: ‘He shall re- | eeive no additional compensation for puch services. And he shall not be deemed by reason of anyt in this met contained to.hold a civil office un- ger the laws the United States.’ “As will #¢ shown hereafter, at the time of the enactment of that statute yetired Army officers were eligible to the office of the civil post af Commissioner of the Distriet of Columbia, and any one of the three Commissianers pro- wvided for in the act of 1874 might have been a retired Army officer. Te Was 2 statute in force at that time that’ pro- hibited officers on the active list from accepting a civil post, so that none of the three Commissioners provided for in the act of 1874 could have been an of- fieer on the active list. It will be noted that the act of 1874 vided for de- tailing an officer of the Enginesr Corps on the active list to cer- tain wark under the Commission. ers, and rovided that he should not be considered to hold a civil office. *That was to prevent a forfeiture of his €ommission under another statute here- | after referred to. At the time of the passage of the act of 1878, which we| are now construing, retired Army of- ficers were generally eligible to hold eivil posts under the United States, and there was in effect a statute prohibiting an officer on the active list from accept- ing & civil office on penalty of forfeiting his commission.” Opinion Is Quoted. The opinion then quoted at length from statutes and authorities, !%‘-l which conclusion was drawn by the department that “before, at the time of, and after the enactment of the - trict of Columbia act of 1878, new un- der consideration, it was estahlished that retired officers were eligible to eivil posts under the United tes or in the territories, and the only limita- tion on this was provided in the gct of 1894, above quoted, to the effect that statute,” ity in civil life, it would have said, other ¢ Congress taok it . ‘EW ‘5{.7.'"&' I 1 | two other than the appoini eiil life, It must have | Sloner would be from . appointed from civil f the law|some other statute The act relating to the Distriet | ‘whe .nRow udgners ent. to call into the military service, as gre retired of- time of war, but they are being called’ into the mili- iee 10 llm’ of pease ut onsent for limited periods, and o this extent they are more mb:t o B santt e, redalied fota-the sorvics wl reea) n SOtV in tl.rfi'en of peace without their consent. None will contend that Reserve officers @ not in civil life heeause of such' re tion to the military estal nt. ¢ Differences Pointed Qut, “Jt i5 true there are some other dif- ferences bstween them and retired of- flogrs, reserve cg&u? nnu‘y uonlv::g compensytion wl n active service, and retired officers recelving what is called compensation but what is really a pension, nothwithstanding they are no longer in the military serviee. “Both gre alike in the sense that they are engaged in eivil pursuits and active in the civil life of the communities in which they live, and are mot In any proper sense in military life unless brought into or recalled into the mili- tary service, “In providing that one of the Com- missioners shall be an Army engineer, the primayy purpose was not to select an Army officer. A competent engineer was sought; his being a military of- ficer was merely incidental. The lection of an officer from the Corl of Engineers made it likely that ¢ Engineer Commissioner would he a not & resident of the District and without much knowledge of the cam- munity or local conditions. &o. te provide that knowledge, it was specified that the ether two Commissioners must have besn residents of the Dis- tviet tor three years. The choice is to be of two men identified with the com- wunity, as distinguished from the Hngineer Commissioner, who may never have been so identified. The statute did net provide that the two Com- missioners must have been three yeais in civil life, but only that they shall have yesided here three years, and it took for granted thai they shall be in civil life at the time of their appoint: wment. that is, not then engaged in mili- tapy pursuits, because, by other statutes officers actively engaged In military life were disguali The length of time @ retired officer resident in the Distrigt chrll have been engaged in civil pursuits does not affect his el bility, It only bears on his personal ‘qualifiéations, which are maiters of dis- cretion gnd. judgment for the appoint- ing power and the Senate to consider in-each chse. 1817 Aet Cited. “By sn_act of May 13, 1917 (United States code title 10, section 371); it was proviged: ““All gfficers. .and employgs of the: United tes, or_of the. District of Columbi 0 shall be members af the Officers’ Reserve Corps shall be emtitled 1o leave of absence from their respective duties, without loss of pay, time, or efficiency rating, omn- all days suring whieh they shall be erdered te duty ith troops or at field exercises, or for Funumlnn, for periods not to exceed 15 days in.any ene calendar year.” “This seems to vecagnize that Reserve officers are ip eivil life and not ineligible to the offiee of Commissioner of the Distriet. “In People vs. Duane, Matiie. s Toited Armyoffcer of i statute, g rel rmy officer of the Upited s‘am could held ‘The eourt analyaes at len; I 'l“w‘ it l’;‘“‘ in fi pen- n remen y are, in fact, sioners, and exercise no functions .ef military office.” ¢ . Retired Officers Held EII‘KM;. e optn . was arsed That iy, A i AT civil ?l‘!‘: is not -putgu,lly enumerated g el b e <% e summary stated. ' ate, as a mew test of eligibility. getiv- ‘The ap- clvil ljfe and—" ol: fer nted that the life, A Commissioners shall be pointed & cenvenient way ! Oengress, in th mm&‘n ), In us assuming two would be aj ted from eivil life, must have sssumed that there was u:ulr\nl it. Under other laws, then and since in ferce, vetired officers eligible to eivil , _inelug the office of District: r, but active officers were . The only other statute requiring that the two Commissioners sheuld be from eivil life was one ualifying ac- tive officers and providing for farfeit- ure of their commissions if they ac- ugm elvil posts.” summary said it had beep the uniferm poliey of Congress to treat re- red rs as_eligll for public service the ability and expevience of such men. it being only required that if their retirement pay exceeds $3.500 the o must an elective one or one appointed by the availal of the Senate. 1t also is contended in the memoran- dum that “the decisions which have held that retired officers are part of the military establishment within the meaning of statutes providing for in- crease and other matters, have ne eéntrolling bearing here. The phrase “in civil life’ ' was not involved in any of them and is here to be construed in the sense which it was used in this particular statute.” Another contention advanced was that if it had been intended to disqual- ity men with extended previous mili- tary_servies, on the theory that they would have s military point of view, it would have been neoessary to adopt visions disqualifying officers of the floluhr Army who have resigned, and others admittedly in elvil life, but with extended military experience. ‘The memorandum argued that that was not attempted. RAIDERS TAKE RAIDERS ON RUM PLOT CHARGE Four Constables Arrested by Fed- eral Agents in Seizing Auto and Liquor. By the Associated LOUISVILLE, Ky., March 23.—Fed- eral prohibition agents, making a liquor raid on a dwelling yesterday, in which twe automobiles and several hun- dred gallons of liquor were seized, en- countered four constables, for whom warrants later were sworn out. Three, H. H. Segers, a deputy; Hud- son Walker and Frank Powell, gave $2,000 bond on eharges of conspiracy te violate the prohibition laws and posses- ston and transportation of liquor. The name of the fourth constable was not Tevealed. LEADING CITI ZENS PLAN In the presence of a distinguished group of representatives ef Wuhfim ton's organizations, tegether with affi- cials of the Pederal and District gov. ernments, Wilton J. Lambert will ex. tend » welcome to the Natlonal Theater Players at a testimonial luncheen given by the Advmmng Club of Washington ‘Tuesday at 13:15 o'clock in the Na- tional Press Club auditorium. 3 ‘This is the sixth advent of the popu: rh" 'I"""ufi"' 57::% addresd ag presentation /8l broadeast over Station w{afl. The National Theater Orchestra will render @ retired officer could not routu hia eompensation as such and a salary of @& civil post under the United States, unless the civil post was an elective one, or one to which he was appointed i{ the President by and with the ad- vice and consent of the Senate.” In another part of the memorandum the atatus of Reserve officers was dis- eussed 35 followa n-f;' are ‘tkmunds of officers in . fram noon to 1 o'clock. m¢ Ernest 8. Johnston of the Advertising Olub will Introduce Mr. Lambert as the guest speaker. W. H. Rapley will' introduce 8. E. Coehran and to make | President with the advice and consent | TO WELCOME ACTORS|' Sehy QN f, LAWYERS TO MEET. | Bar Association to Hear Addresses | and Plan Booth Dinner. The automobile highway between| T. A. Hostetler, solicitor of the Pat- Jida and Mecca and Medina, where | ent Office, will address the monthly MALKCH B4 s b THE GLEE CLUB CONCERT. SUNDAY SPAR, WASHINGTON, the subject, “Patents and Inventioms.” | Pentan W. Bgoth, who has completed ‘Wallace Murrsy, chief of the division | 35 years' service on the United States of Near Bastern affairs of the State | Court of Claims. Department, is also expected to speal on “Recent Changes in the Law of Turkey Under the New Government.” The ‘sssociation will consider plans | i, 45 S | pices of the Washington Oo—apeuuve]u headed by Lawrence L. Morlan, Young Friends' Group. chairman, of 532 Seventeenth streef, The clubs which have 30 man|2nd Margaret E. Jones, secretary, of voices and 30 woman voices, will be| 1811 X strest. tions to Be Here Saturday. heard séparately and together under The combined glee clubs of Earlham | the direction of Prof. G. A. Lehman, College, Richmond, Ind., will be heard | director, formerly assistant director and | thousands of pilgrims go every year, meeting of the Federal Bar Assoclati in » concert next Sawurday night al|baritone soloistof the famous West- | i0"NCORS nordted until it is the Anesi | tomorrow night, in the auditorium o 14 Y. W.C. A, en- - m‘,‘.fi;{ H';‘ P t::: WmS“Au:eV ! minster Choir. Thé sponsoring group | road in Arabia. ! Two Earlham College Organiza- Legal sid may be employed by French radio oficials in their campaign lo eliminate interference caused by elec- trical domestic appliances, motion pic- in I is to be give the the Interior Department Building, on April !l"‘l:un honor of Chief Just ture apparatus and surgical machines. The pJulius Lansburgh Furniture (%, Entrance—909 F St. NW Low Prices & Convenient Terms on Spring Household Needs ‘ 3-Piece Decorated Hand-woven Fiber Suite 324.75 An unusual value in fiber furni- Important Announcement See the back Page of the main news Section of the Sunday Post for details of the remarkable close out of thirty living room suites and additional living reom chairs at great sacrifice prices. AR X NOSNN 7 OO0 XXXy \ POOANS ture. : i l)eci) woven bhacks with twe mm}_' ,_'Win“dj)w Seat, .(;enui;fe"BQd - Cedar: Chest T $722.50 44 inches Torig;; walnut ‘finish. Attractive style. H 'Ot'he'rs, $8.95 to $49:50 decorations. Shaped seats. $AA 50 settee, large armchair and _arm.]- ot Comprises 60-inch settee, raomy arm- chair and rocker. - The suite is ‘attractively two-tone finished, upholstered ‘in -colorful cretonne - with aute spring-seat cishions, is well con- rocker.”” The ' suite structed. 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