Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-12-07

CORRESPONDENCE IN THE MATTER.

Now that the controversy respecting the le
gality OF the act of the District commissioners
In abolishing the office of government fire COM
missioner has reached a point where the opin-
ions OF the Attorney General and the Attor
new of the District have been given and are
in direct conflict, the correspondence on the
subject is OF interest. The opinion was
given by the Attorney General IT, response to
the request OF the secretary Of the Interior that
.'as the Commissioners of the District have no.
the power to appoint the incumbents of this
Office, II Is not he3ri under them and in M
Judgment 1t is not within the intent of the ,,sss
i congress OF June II, 1913, that they shoala
have the power to abolish it." NOt, it,lsts nd
ing this fact Mr. Reed was refused reeogr;tton
Dy the ire board, as authority for rec02nition
was not given by the District Commissioners A
letleE rom the Interior department, asking an
expisnation. received no reply In a second
letter, the Secretary says:
Should the Commissioners Of the District
continue to refuse to Mr.. Reed the recognition
when belongs to him under the law, or decline
10 furnish the department with Il statement of
The grounds on which such refusal Is based.
shall deem it my duty to lay the matter before
TIE president for Such action as in his Judgment
the facts in the case may seem to warrant
ON the same day the District Commissioners re-
PIED III letter, in which they say: We have
been greatly embarrassed by the position which
this matter has assumed by its reference tt the
Attorney General. whose opinion as to our
power TO abolish a particular mberShip Of the
board we have not examined with Il view to
questioning the conclusion reached by him
The difficulty with us lies in the recognition of
Mr.. Reed as legal member Of the board. Ii is
claimed that he Is one By right OF law. and that
he demands admittance to the board on that
plea. We are reluctantly COnSt Tained to hold
that he never was legal member as an ap-
iOirtee OF the Interior department. The Dis
tTict Of Columbia is composed If three geo
graphical div iStOnS. namely: Washington city
Georgetown, and the county each distinct fro n
the other. All tax laws and other acts of the
legislative assembly. relating to the different
sections recognize clearly those distinctions A
ctHcn OF either OF the cities within the
puTyiew OF these statutes is not q citizen of
the county: while all alike are citizens
of the District of Columbia. Mr. Reed resides
In Washington and therefore is not resident
OF the county, as the act of the legislative as
sembly requires that the member of the fire
board appointed or designated by the Secretary
OF the interior Shall be. The organic act APP
proved February 2lSt. 1871, creating a terri
tOrial government for the District of Columbia
conferred upon the executive and legislative
branches OF that government certain powers.
General clause six, relating to the powers OF the
governor is as follows: g lie shall commission
all officers who shall be elected or appointed to
Office under the laws Of SAID District enacted as
Aforesaid The Commissioners are the success
sofS Of the governor. (See act of June ~, 1874 y
They have never commissioned Mr.. Reed under
his appointment by the Secretary OF the III
terror, and he was therefore never legally
member There is already on the board
of fire commissioners a member Mr. Thomas
L. Hume} who would fill the requirements OF
the law respecting residence in the county.
His appointment by you would remove al uueS-
tons; but the Commissioners Will be glad to
commission any resident of the county whom
you may be pleased to appoint. The reluctance
feH by the commissioners to taking this action
has been the Chief cause Of delay in replying to
the first communication acknowledged herein.
a delay which otherwise could not have oc-
CURED.
Reply to this communication was made on No.
yelnber EItn by the Interior department which
say - am i'll receipto OF your communication
of the 18th instant, stating the grounds on
which the District Commissioners decline ~ re-
cOgnize MIR. VIM. b. Reed as a legal member Of
the Board of Fire Commissioners, and inform
Ing ne That the appointment of Sr. ThOS l..
hume, or any other resident OF the cOudly,"'
would remove all questions. &c. AS the Office
10 which you invite an appointment has already
been filled by the appointment of William t.
Reed on the nth of March last / do moi know
OF any law which authorizes me 10 appoint an
cther until the office is made vacant, either by
me resignation, death or removal by me OF its
present incumbent. While am compelled.
therefore, TO decline to appoint Mr.. Thomas l..
Hume, already a member of the board. Or any
other person, for the reason above given an
nevertheless gratifed al the proposition which
comedies the existence of the OFFICE Although
would be justified in declining to discuss the
validity OF the objections now for the first time
presented against the eligibility Of Mr. Reed.
until his status is acknowledged by you to br
the same now that il was on the 1tu day OF Au-
gust last am not inclined TO avoid a consider
alton OF The reasons which are advanced to
Justify the result or an Illegal act. Two Obiec-
tloils are now urged by you against the eliri-
putty 81 MT Reed; list. That he is not resi-
dent OF the county OF Washington, as the law
requires: I'd. That ne has not been commits
stoned BY the District Commissioners.
VA my opinion. neither of these objections is
NaHd Mir. Reed Is resident OF WASHINGTON
city. county Of Washington. As the COUNT en-
tends over and includes within its limits the
city q Washington, cannot understand how 1t
- possible for q person 10 reside In the city
without at the time being n resident of the
comfy The act OF iSGI. defining the limits OF
tie District and acts regulating fees Of notlriaS
a NJ Fs-,l- ip.F~.t ,1.ri.r
ne MetfoI'0i tan police are quoted to show that
objection TO VT. Reed on tac score Of Tesiiaacp
IS rot valid one "W hie good res sons might
{ given why the Fire Commissioner who * IN
Il present Tie interests Of the general govern
ment. should consult his own Convenience ia Sc
iectlng a residence any where within the limits
ol Ihe county. none can be offered for the en-
trat rdinary condition which.Would impose upon
hun the necessity OF living outside Of the limits
OF that city wherein are found the largest pOr-
lion Of those Interests which he is Specially
urged in your letter of the nth in
81 slant, N namely ,,1tl1 That Mr.. Reed cannot
commissioned by the District Commission
ers, is In my opinion entitled to even less weight
tnan the one touching his residence in The
county Mr. Reed was recognized by the Dis
trlct commissioners as a legal member OF the
ne board up 10 the eth of August last so that
TIE question should be. not why he cannot he
recognized, but why the Commissioners have
Wlthdrawn the recognition formerly accorded
NM II after exercising the functions of his
O1ice Tor several months il is discovered that n
commission should have been issued 10 Mr.
Reed ny the District Commissioners it W0nId
appear 10 have been the duty Of the Comi:lis-
SiCntrS 10 have Issued the said commission
without unnecessary delay. after The know |
leoge OF their neglect had been made known to
them"
The LADIES CONNECTED WITH TIE CHII DREN'S
HOSPITAL thank their friends for the success OF
ticlf house warming particularly Messrs
Harvey a Holden Tor is dozen fried oysters:
Nine DemoreSt and Mr.. Jarvis each a large
ornamental cake; MeSSrS. LanSburgh 81 ward, |
cotton. While liberal deductions were made by
MtsSfS. BeVcrldge and MOhun for fancy arti-
cleS; Douglass for flowers; Russell for ice cream
aug iooSe Tor cigars Many names should be
d,iHeu 10 theSe individual contributions VINO
VIII excuse publicity in the satisfactory results
VI thtT united generosity, amounting 10 80
pdtAlSes Oh groceries, &c, and s.. O0l G6 apyed
TOWARDS furnishing The new hospital.
SIlkS. SILk>. STKS.-All of our silks are
D ought exclusively tor cash, and We are SELLING
them al very small advance" above cost. col
oleu Silka, every Color and every shade: cnlorpd
silks ~ TO $3.50; checked silks: Striued SILKS.
very ight coiored silks reduced TO :, and 81
checked silks only ~; black silks - to g. our
5. sl23 ana sl.5o black silks are special bar
gains. tarterS, al Market Space Handsome
Plano covers from = 10 sl5.-Adrt
NEW BUILDING ASsOCIATIoN-I- nder the bnad
OF special Notices, in this paper may he found
notice OF the Third Washington Co-opera-