Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-08-24

hold certain ofices which were created by acts Of
Congress; their compensation and all the expenses
which may be incurred In the discharge Of their
ocial duties are to be paid out Of the Treasury Of
the United States; and, finally, they are to make
periodical reports to the head Of one Of the Depart
ments Of the Government. The members Of the
Board Of Police are, then, officers In the service
or employment of the United States.
Are they, a. such officers, In any way CONNECTED
with any one Of the Departments The oath sec
ton OF the organic act, az we have seen, makes IL
their duty to report annually In writing the con-
dition Of the police within the districts, to the
Secretary OF the Interior. By this provision they
are certainly connected" with the Department
Of the Interior, and cannot avoid the conclusion
that they are therefore directly within the letter
Of the statute which makes Il the duty Of the
head Of that Department TO cause the oath In
question to be administered to every officer or
empioye In any .eay connected with his Depart.
kind Of connection with the Department shall
bring the ofcef within its terms but II is careful
70 extend the duty Of causing the oath to be ad-
ministered beyond officers who are ~ the Depart
ments to the larger circle Of officers who are in
day scay eonascted wtth the Department. aud IL
10 too plain for argument that the duty Of making
an annual report In writing Of the condition Of
the police to the Secretary Of the INTERIOR direct
ly connects the Board Of Police with the Depart
ment Of which he 10 chief, and imposes upon
him the obligation Of causing to be administered,
and upon them the obligation Of taking, the oath
That the Board Of Police are within the spirit
OF this act In, think, equally clear The purpose
Of the act, az 10 well known, is to apply stern
and much-needed test to the fidelity Of public
officers entrusted with the administration Of the
Government In a time of great public peril;-a
peril fearfully increased bv repeated and shameful
instances of Official treachefy and misconduct.
And certainly IL does not demand the liberal
spirit Of construction to which the wise and ben
fcent objects Of the act entitle It, to hold that II
applies to class Of officers who are specially
entrusted by 1t with the conservation of the peace
and order Of the National Capital, and upon
whose integrity, fidelity and Zeal the Government
relies as one Of Its means Of support.
Other reasons occur to me why the Board Of
Police are OF the class Of public officers to whom
the oath In question should be administered, but
do not suggest them because think the propo-
siton 10 too plain to need further illustration and
because the time within which this opinion is
OF course the duty Of taking the oath attaches
TO every member Of the Board of Police, whether
ne be appointed by the President or be a member
az oDfcio a. Mayor Of Washington or Georgetown,
since the act makes no exception Of any class Of
public officers.
| do not here express an opinion on the point
whether any of the members Of the Board are ex-
smpted from taking the oath prescribed in the Sd
section Of the Metropolitan Police Act, because
that oath Ia included in the terms Of the more
stringent oath prescribed by the other Act Of the
same date, which we have seen that 1t Is the duty
OF every member Of the Board to take.
am, Sir; very respectfully, your ob't servant,
lSlgnedl EDWARD BATES,
Attorney General.
Secretary Of the Interior.
Considerable debate ensued on the reading of
this opinion. during the course Of which Mayor
Berret expressed willingness to take the oath
prescribed by act Of Congress, but not the form
sent from the Interior Department, which was
taken by his fellow members and published In
this paper.
He urged members to hesitate before they as
sumed the responsibility Of depriving the repre-
sentative Of Co., 600 people OF tie District OF seat
In the Board.
The Board not being willing to act In the mat
ter without giving it due consideration, adjourned
until next day at O'Clock p. m.
Yssterday.-Mr. Berret submitted a lengthy
written opinion Of J. M. Carlisle, ESQ. CORPORA.
ton Attorney. This legal opinion, we under
stand, is to the effect that the Mayors being ear
o6feto members Of the Board, Were not Obliged to
take any cath Of office to qualify them to take
part in the proceedings Of the Board. After read
Ing this opinion, Mayor Berret declared his pur-
pose not to take any new oath Of Office
Mr.. Bowen then offered the following resolu
ton:
Whereas, the Attorney General Of the United
states, In compliance with a request from the
Board Of Commissioners of s'The Metropoljtan
Police District OF the District Of Columbian has
thfongh the Secretary Of the Interior given an
opinion In writing that under the act of Con0res.
entitled can act requiring an oath of alleg}snce
ana 70 support the Consultation Of the United
states TO be administered to certain persons in
the civil service Of the United States - all per-
sons claiming membership In said Board are
required to take and subscribe to an oath accord
Ing to the form prescribed In said act and,
whereas, James g. Berret, Mayor Of Washing
Ion declines Tor reasons fully set forth In the OH
cial opinion Of James NJ. Carlisle, Attorney for
the Corporation Of Washington, dated August %,
1901, TO take said oath, well ss the oath pre-
scrioed In the act creating the Police Board, and
pound In their action in this matter by the opin-
lon and ruling of the Attorney General of the
United States, the hig hest law officer Of the Gov
ernment;) therefore,
RsJoIUfd, That the said Mayor In the opinion
OF this board, is not qualified to act as a member
sr-96ieio thereof
After considerable debate, the resolution was
passed by the unanimous vote Of Messrs. Addison.
Bowen, Brown, Tenney, and Presldent-Mayor
Berret declining to vote
The Mayor then delivered a speech In his best
style, (of the nature Of valedictory } and took
his departure.
The written opinion ofthe Corporation Attorney
was taken away by Mayor Berret, who promised
that 1t should be handed to the clerk of the board
to be entered on the journal. We understand
that 1t had not been received by that gentleman
at 10 O'Clock this morning
The President laid before the board the follow
Ing letter from the Secretary Of the Interior, en-
closing the opinion Of the Attorney General:
DEPARTMENT OF THE INrRRIoR)
August %, 1861.
To Richard WaELach, ESQ,
President Of the Board Of Police:
SIR upon the request Of the Board Of Police
as made known to me on the 10Th inst through
). r; Brown, Esq, acting secretary, although en-
tertaining no doubt myself upon the subject /
submitted to the Attorney General the Question
whether or not the Mayors Of GEORGE town and
washington were required by law, as ez-offcio
members Of that board, to take the oath of aiegi.
snce specially prescribed by the act Of the 9th
Inst Tor all officers In the service Of the United
States! A copy Of his reply, dated the 22d inst
10 herewith enclosed, from which you will OBJ.
serve he 10 Of the opinion that each member of the
board Is alike required to take that oath.
Very respectfully, your obr servant,
(Signed) CALEB b. SMITH, Secretary.
The Opinion having already been received and
acted upon, the communication wss>faid on the
gable. =
The President and Mr. Bowen was appointed
committee to wait upon the Secretary Of the
Interior In regard TO the equipment Of the police,
and the Board adjourned
THE MAYOR YESTERDAY.