Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-18
ARE PelICEmEN OFFICERS,

The rolor. Of your rooeate checks and lips
March 8, 15s2 W. L. SHOEMAKER
ARE POLICEMEN OFFICERSi
An Interesting Opinion by Controller
Lawrence.
THE DISTRICT COMMISSIONERS NOT AUTHORIZED
To PAY INSANE OR DISABLED MEMBERS OF
THE FORCE.
A communication sent by Controller Law
renee to Commissioner Dent, under date Of Feb
ruary %. 1882. regarding pay allowed BY the
District Commissioners to insane police officers,
Is interesting defining the official status of
members OF the police force as viewed by the
Controller. After reviewing briefly the cases of
two officers who have been paid for services rem
dered while actually inmates of institutions for
the insane the Controller says: The officers of
the police force were. prior to June H. 1878. APP
pointed by the board of police. and since that
date they have been appointed 10y the Commits
sioHerS OF the District of Columbia They are
District officers i'm the sense in which the term
officer 5 popularity used; but that they are not
officers OF the United States in legal sense is
plain"
The controller refers to statement by the
Commissioners with reference to tine grounds on
which payments have been made to officers dis
qualified for duty. that they are of opinion that
they are not empowered by the laws and regu
latlOnS governing tHe pOl!ce 10 PuT-
sue any other course. and saws 1T Is proper to
inquire what are the laws ard regulations which
should govern the commissioners in this matter
He then quotes the law. sections 341. 3i2 and
$50 of the Revised Statutes OF the United States.
a. to the District of Columbia. the latter of
which enacts: No person shall be removed
from the police force except upon written
charges preferred against him to the board of
police. and after an opportunity shall have been
afforded To him of being heard in his defence"
nDllPe a ISp ta1
which states that ANY member of the force alb
sent upon sick leave for a longer period than
fifteen days in q given year. except by special
authority from the board of police. shall forfeit
all pay during the period of such excess" and
also lone of the causes of removal is inef1i-
cheney by reason of physical disability or
otherwise or neglect of duty" The controller
states that the manual of the police force was
not modified by the Commissioners after the
abolition of the police board and the transfer of
the powers and duties of said board to them.
but remained in force and was formally adopted
by the Commissioners. and so far they are
consistent with the laws and constitution of the
United States have the force of law. and by
those rules 1t appears that each person perna-
nently appointed upon the police force shall
hold his office only during such time as he shall
faithfully observe and execute ali the rules and
regulations OF the board OF police. the laws of
the United states and the laws and ordinances
existing within the District; taat any member
of the force absent for More than fifteen days on
account OF sickness. except by special authority,
shall forfeit all DAY during the period of such
excess; that If II member becomes physically
disabled he shall be removed. &c.
Controller Lawrence then says: sit thus ap-
pears that the Commissioners were clearly en-
powered to withhold payments on account of
services of these men In case of permanent
insanity charges may be preferred and men so
permanently disabled be removed The MEN,
bers of the police force not like officers of
the army and navy, appointed for life or during
good behavior. The tact that they are regularly
commissioned by the proper authorities does not
make them SO. They are commissioned subject
to the provisions of law: and we have before
seen that one of these provisions is liability to
removal by reason of physical disability" &c.
Sec $50 OF the Revised statutes, ID. c., must
be construed so as TO give some meaning to the
clause in section 34l. which enacts that each
person appointed member of the police force
shall hold office only so long as
he shall faithfully execute all the
rules OF the board. the laws of the United States.
DC, and the section last mentioned seems to
contemplate removals on the ground of physi-
cal disability TO perform the services required.
This contraction was given it by the board of
police. as is evidenced by making '-inefficency
by reason Of disability or otherwise. accuse of re-
moyal. After quoting from the records NUM-
Der of cases of removals by the police board. on
account of physical disability the controller says:
1T would seem that the Commissioners were
mistaken in stating in their letter tnat under
these regulations it was the custom of the board
OF police to allow the names of disabled officers
to remain on the rolls aud draw their salaries.
nreply to the statement of the Commissioners
that 1T would be inhuman. as well as contrary to
established custom to remove officer &C
count OF disability incurred in the performance
OF duty. it may be said that it would he no more
inhunan to refuse to pay q member of the pO-
lice force who rendered no service than not to
pay laboring man who should become sick or
disabled while working for the District. But ii
members of the police force could not be re-
moved when insane, Gas they could
be-, still it would seem clear that
when rendering no service they could not be
entitled To the usual compensation. The ques-
ton before the controller is not question of
humanity. but a question OF law; and under the
law it seems plain that the Commissioners had
no authority TO make payments to these men as
for services when no service VAS rendered" He
concludes by saying: Il am therefore compelled
by force of law to decide that payments as for
service of these men while insane must be dis
allowed in the settlement of the accounts of the
Commissioners"
WINE AT THE WHITE HOUSE.