National Republican., 1878-12-06
The Fire commis.ioner.hIp Controversy

The Fire Commissionersbip Controversy.
District.Attorne Riddle submits the follow.
ing opinion IN the matter Of Mr.. William d.
Reed, the Fire Commissioner who represented
the Interior Department In the Fire Board
The question proposed to me Is xe present legal
status OF William d: Reed appoinled TO the Board
soners Of the District abolished his office under the
ninth clause of section of the act OF June 1873.
ihe power Of 81 the commissioners to abolish The Of:
fee and referred the question to the Atorney.Gen
eral, who returned an opinion sustaining the views
OF the Secretary Of the Interior This opinion and
| the much correspondence which the case has OC-
casiOncd imparts TO II quite as much gravity as It's
intrinsic Importance caI, sustain, and will excuse
a statement Of the legal problem involved aud some
reference to the factors entering into It. The pro-
| visions OF the law under which the Commissioners
are hereby authorized to abolish any office To con.
sUlidate two or more Offices reduce the number OF
employees, remove from office, and make appoint;
| nents to any Office under them authorized by law"
The infinnty In the opinion Of the Department
Of Justice II such vice eau exist Is In constituting
the phrase "undCr them To he the equivalent OF
| appointed by thcm.' venture TO suggest that
| this is All cuttrc nisapprehensnn OF the meaning
Of these words. The only conditions necessary TO
the exercise Of the power here granted arctic
| Office or employment must be authorized by law
and Il must EU subordinate 10 the Commissioners Of
| the District under them. II Is true the Conlmis
slouers cannot remove the Police Judge not be-
cause hc was not appointed by them, II, indeed, he
| Is removable US he IS not, even by the President
l ~
lS7i the Commissioners could 30 ont Of their juris
| dction and remove all olicer not under them
Clearly nyt. Ihe prcsen, law is as broad as that.
expressed In this. They shall not abolish any office
or remove any employee not under them. II makes
| not the slightest difference how or by whom the
| officer or employee is appointed under this law.
Was Mr.. Reed, Us u Fire Commissioner, Il subOrdi.
male Of the CoYmlssioners, under them Is The
| siOners Of the DISTRICT
The act Of the late Legislative Assembly Of the
District Of August Il, 1871, was the crestiOn Of many
boards. Of which the Fire Commissioners was one.
This consisted OF seven persons live to he residents
Of and To represent Washington, one resident Of
aud to represent Georgetown, aud une To reside in
the county of Washington, TO be appointed by the
secreiory Of the Interior. To- represent the United
States and The county OF Washington. Laws Of
the District. part 2 r. 55.) To this post Mr.. Reed
was appointed by the secretary Of the Interior, T.
nii the vacancy ucCOsiuEtd by the resignation OF
Major Morgan. This authority 10 Hppuiut the OflCo
is found In the Clnu,c creating the Office. subsc.
quent section o! the same act declares that the
Governor lithe Dillrrt' shall appoint lelsuns 10
I'LL aud perIJrm the duties of the Offices created hy
ana mentioned In this act He shall Oil all va
cancicr which may occur in any Of said offices by
removal or Otherwise" There Is no saving in this
section nor In any part Of the act of tho power OF
the Secretary Of the Interior To make the appoint.
mont granted him IN section l. Whatever may lie
said about an nct Of the Legislature comforting
power of appointment to q District Office on tue
Secretary II the Interior IN the face OF this susc.
quemt section, We inigLt hesitate to declare that
the Governor and by force OF later statutes the
Commissioners had not the power TO make even
this appointment
Mr. Reed was at the time Of appointment and
stlll is resident VI the city Of Washington, aud not
OF the county OF Washington, which In that act
means that part Of the District which was under
the government Of the Levy Court. That body
always cxacted and promulgated its ordinances, as
In force IN the county Of Washington In the Dis.
ttict of Columbia, and the county of Washington
by the speech Of the people was always used to
mean that part Of the District outside Of the two
cities, aud invariably 30 used IN the acts Of the
District Legislature. see act Of August Il, ls1i
making appropriations 10 pay the teachers Of the
county of WashingtOu Laws OF District, part ., p.
a; Id. act Of August q 1871. to condemn ground
+ Tor roads and alleys; Id. p. 100, and numerous
, | other aCls.
ii is so designated five times in the creation o
boards in the act creating the Board OF Fire Com
mlssioncrs II is Omen so used IN 0cts Of Congress
and notably In the iOrtyilrSt section OF the act
HtE,g Ne i4te District soyernmGnt Of February =
the next place lie was never properly qulltCd. lie
was appointed under M act OF the District Leglsla
ture. by section OF the organic act last referred
to II was requisite that he should have received Q
commission tTOm the Governor and since the act
OF June ~, 1871 from the Commissioners OF the Dis
trct.
lie never received a commission. There was nc
power 10 dispynsc With the requis sitions of this
Of Congress. Whatever may be thought Uf The cX
pedicnCy Of them in this respect clearly the Fire
Commissioners, both Hs board and individually
as Officers are under the Commissioners of the
= District. They were created by n law Ui the Dis
lrCt-Creatcd In and for tho District Of Columbia
Is the DECLARATION OF the statute by which they
exist. The Commissioners are the chief officers O
the District and the first clauses OF section of the
act Of June l. lsis, places all the executive aud
ministerial officers of the District subordinate &c
them by tho most general and COpiyus language
II is impossible that they eau successfully perform
their grave duties upon any other basis. The eN
iStenCc Of this controversy proves that. Tie posi-
ton man ILLS, the duties he performs, Will huttlC
the question Of his subOrlinatiOn ana liability tC
the exercise of the aboishlng power without refer
CnCC TO how he come tC the place. MI. Reed Is on,
of the most reputable, deserving, and one OF the
Dcst.CSleemei citizens Of the District, and woTthil!
performed the duties Of a Fire Commissioner, bu
he was an employee Of the District, held All Ollc,
! under the Commissioners precisely as did each o
his associates, and In the same way his place II
eligible TO abolition.
Ii tcun no longer be said that the United State,
cannot be deprived of its place on the board. Con
gress has said II can Under the statute George
. town could not be deprived OF its place nor Wash
ington city Of its places by the same rule, while by
the action Of the Secretary of the Interior IN the ap
!. pointment Of Mr.. Reed the county Of Washington
did not have Its place. 1t Is thus seen that, in M!
opinion, Mr. Reed was at the best but de JdCi
officer That the Office itself has been legally abOl
ished by the Commissioners. This matter OF hi
right TO the place might be tested, perhaps, by Qt
udrrdntO. am reluctant to advise any course tina
eau lead 10 another in the courts. The Dis
rict has largely too many now. have no dOub
you may abolish all these Offices Of Fire COlumls
sioners and designate any officer OF the lire depart
, ment 10 take Charge Of its affairs undcT your owl
immediate rupervision, II such a course Is by yol
deemed expedent.
OWING TO THE MILDNEsS OF THE sEASO.
, WE HAVE REDUCED ALL ONEkCOAIS AM
I ULSTERS 20 PER CENT. ON FORMER PRICE
) EIsEMAN BROS, COR 9TH AND L SIS