National Republican., 1878-10-22
Fire Commissioner Reed Ask. Recognition.


torncy General.
| Fire Commissioner Reed Asks Recognition.
When the Board of Fire Commissioners as
sembed last evening, Mr.. W. b. Reed, who
holds commission as member Of the board
| from the Secretary Of tho Interior, but who
has not been recognized in his official capacity
| by the District Commissioners since their
action reducing the board from seven to three
members, was present. Before the board was
| called to order he submitted q copy Of the
opinion Of the Attorney-General, sustaining
| him as Fire Commissioner, to the president,
who read it. The board being called to order
aud the minutes read. Mr.. Reed arose aud said
81 would like to inquire If my presence hero
has been rccorled2"
"No. SIR replied President Collins.
"lr not" continued Mr.. Reed, 81 would sug-
| gyst that the board ad journ until tomorrow
evening, until this matter can be settled. If
| the board does not choose to do that, | want
the secretary to record my protest against any
action which the board may take in my ab.
| senCc"
4 general discussion followed Mr.. Collins
| stated that upon the recent reduction in the
number ofthe members, the present members
were virtually reapprintcd, and were required
| to take the oath Of Office anew.
Mr. Reed stated that the Office was small,
but there was principle Involved. He again
asked to have his protest recorded.
Mr.. CJllins-Thc secretary can record no
protest
Mr.. Hume stated that the Commissioners
entertaincd the kindest feeling toward Mr..
Reed, but had no authority for recognizing him
at the present time as Commissioner.
"Of whom docs the Board consist p asked
Mr. Reed.
Three Commissioners, appointed by .he
District Commissioners" replied Mr.. Collins
authOrtRtively.
General Bacon was of the opinion that the
same authority that notified them of the re-
ductiOu should notify them Of Mr.. Reeds rein
statement before they could recognize him.
Mr.. Reed stated that the opinion had been in
the Commissioners office for some time. Ills
superior (cvidently referring to Secretary
Sshurz,, not wishing to submit to insult. had
sent the matter to the Attorney General him
) self.
The board having refused to record his pres
. emce or his protest, Alr. Reed bade them good
, evening, stating where he could be found dur
ing the evening in case the board desired to
communicate with him.
About an hour later, while the board was still
IN session, the following letter was delivered to
the president and read:
wAsHISGToS D. C., Oct. 81, ISIS.
| ". n. I'
dnt p f. Bacon, ClEtmlssiOncrs qJ The Fire DCpdrt.
mClt, District Of COitHnbi1.
GENTLEMES: In appearing before the Board Of
| Fire Commissioners at G:i5 this y. NJ. requested,
after Iresenting my authority. to be recorded be-
ing present you refused to do 20 thercupOn stated
that did not wish 10 retard the progress Of our
work for the evening by entering protest. You
then replied that the decision OF the United States
Attorney General not being before you Officially
also the letter Of the Hon Secretary Of the Depart.
mCnt Of the Interior with instructions to me- you
could not permit me TO participate, hereby notify
, you that whatever proceedings may have been
transacted llis evening is hereby done TgSimst my
l protest loun truly, W; B. REED
, lumbia.
After some discussion the board decided not
0 TO accept the communication officially or spread
{. it upon tho minutes rs they could not recog.
G nize Mr.. Reed in the official capacity which
, he claimed.
THE ATTORNEY GENERALS OPINION.
The following is the text of the opinion
/ upon which Mr. Reed bases his claim to the
! office of United States Fire Commissioner for
the District:
D DEPARTMENT OF JUsrIcE
e WAsHSUTUS, d. G.. Oct. II, 1878.
| Hon. Carl Sciur: Soryc'urp g(Lic h!'riDr:
+, SIR: have considered the Questions submitted
for my opinion In your letter Ul the 10Th istant
r aml have the honor To reply aS follows:
# Tue question 's whether the Commissioners Of
!. " congress approved juno H. ISIS to abolish the
. Office Of Fire Cwam''iuncr, whose appointment
n W., vested hy the law ctcalng the office in the
|
e statute Is very broad. The CUlnmlss umGrs are R.
A nprzrd 10 abolish any Office 70 consolidate two
: | Or more Offices reduce the number of employees
;, remove from office, and make appointments u any
uhlCc under them authorized BY law"
The same power was given 70 the Commissioners
ppLutcd under the net Of June - 1874 rs stats
ltG.l7 aud the same lRngnge is employed, except
2 the words under them' which are not In thb
n il could not have been within the intent Of
either law To give power to the Commissioners tC
abolish all uhlces III the District Of Columb a. but
ia only such Gs arc held under them" the iucum
buUts Uf which they have the authority to appoint
Ihcy cannot abolish the crliccs Of police Inige OF
- uonrcs public or any other the appointment L
Is which is vested in the President Of the United
4 states OF In any other officer Of the General Gov
re Ty the 3oh section Of the act Of Congress approved
rs February 81 ISL csabiishmg government for th'
rs district Of Columbia the Legislative Assembly
L. oftGe District provided by said act hal power b!
a, law to provide for the election or appointment .
H. the laws Of said District iq pursuance Of hi
L. power, the legislative Assembly passed the act o
ps Augu. a. 1871. creating very many offices and au
d .hunzing appointments thereto. Among these Is
:" board Cf seven Fire Commissioners one Of whom
shall Teprcsenlihe lncrcstsoft!e General Govern
At nenL Stobe appointed BY the secretary otthe lp
was within the power Of the local Legislature \
pas' vi lay. !! gives n ieIia' thg appointment
u the mtCIiur adding the reason therefore viz: hn
u there should be ono in tho board TO represent th
-, Interests "f the General Government
lG As the COmnissuI!ers of tho DistrC have not III
x, power appoint the Incumbent Of thl, OlhcC II
not ltll uhitF ltli, anu III my Juusnlclt u u no
~ within tho latent Ut the act Of Congress of June
a. ls7s that they should lave the power % abolish 4
,s- have not considered, nor In the above Opinir
r.. do intend to touch, the question which miEl
arise Il the Commissioners u the District Of CUluu
Ah bR - abolish or attempt 10 do away with III
r. entire Board Of Fire Commissioners. Very IespeC
IT, fully, your uhcluut servant,
IN CHARLES DENENS, Attorney General.
pd THE COUNTY QUESTION.
cr A poiut which Is raised against Mr. Rec
in now although 1t was not IN n;iunsd before th
rrcen, reduction Of the board, Is that the lar
requires that the Government COmmi:siOmG
shah represent the county. While the la
no doe, require this, Mr.. Reed stated last cvcuin
n. that 1t dil not require him TO be u resident
o. the county
''' When Major Morgan represented tho Coy
- eminent Oh the board, aud moved his Ics
he dcnce from the county to the city, 1t was the
IN decided that 1t made no difference where Ii
u representative Of the Government resided.
Ii. is tie OpiHion, entertained by at least o.
he member Of the present hoard that in case NJ
re Reed succeeds in establishing his claim b
III. yUni the pOwcr Of the District Commissionc
he to dispute it, the District Commissioners wi
ct abolish the entire board.