Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-04-25
COMMISSIONER EDMONDS. TERM OF
OFFICE.
A question ON Which Lawyers Differ
The Law and the Facts.

A question has been raised in regard to the
precise term of service of District Commissioner
diamonds. 1t Is contended by some who insist
upon applying strict legal construction to the
section OF the District organic act relating tc
commissioners terms that the present presi
dent of the board is now simply holding over
Wilnout a nXed term. The law fixing the terms
or commissioners is as follows:
Ihe official term of said Commissioners ap
pointed from civil life shall be three wears and
until their successors are appointed and quail
ned; put the first appointment shall be one
O .aI for one year and one for two
years, ana at the expiration of their respective
three years."
year from July, 1878. At the expiration OF
that term he was appointed for three years, to
run from July, 1873 to July, 1882. Mr.. West
was appointed as Mr.. Dents successor his term
beginning July, 1882 and running to July LIST,
1850 SO there is no question about the regu-
larity OF that term.
Mt MI fheips was appointed for two years from
July lst; ISIS His term legally expired July
Isl, 1850, but in November, 1879. he resigned
ana ,.i. MAJOR Morgan was appointed 10 succeed
him. Major Morgan held until March, 1888
when Mr. Edmonds succeeded him. Meantime
u was asserted that Major Morgan coming in as
MIR. Phelps successor could only. under his
original appointment. serve ont the latters un.
July, 1880; but President Hayes got an opinion
from Attorney General Devens to the effect
ina. M Moran, appointment ran right
|
Phelps term, and that reappoint.
ment TOR the legal term beginning July
ISL, ioSO, was not necessary. This opinion was
combatted by lawyers at the time. Subse-
quently the Devens opinion was not. appar-
entity, regarded as good law. for Nlr. Edmonds
was appointed and succeeded Major Morgan in
March 1888 while the regular term, contem-
plated In the law, did not expire until July
1883 Ihat is, If Major Morgan appointment
entltleq MN TO serve out the uneXpired por
Ilon OF Phelps term and also to a regular term
for himself, his official life must have run to
July LIST, 1888. If it only entitled him to the
uneXp1red Phelps term, then his commission
expired July 1st 1850, and for the remainder
OF his time he was only holding under the
clause OF the law, which provides that Com
missioner shall serve until his successor is ap
pointed and qualified. This is the position taken
by those who hold that the legal term of one
Oh the mmissioners has got mixed. They also
maintain that these terms must be kept up
just as prescribed in law; that without
regard to the personnel of the occupants the
terms must be maintained the law directs;
that no matter how many changes might be
made in the Commissioners the terms of office
as laid down in the law must OF be intcrfered
With. n Z. =. Senator, Il dist 1guShed lawyer
to whom this question submitted. ex
pressed the opinion that the Commissioner
the Commissioner. He said that the terms o
| inns Office could no more be deranged than
those or U. :. Senators. He used the iilustTa-
tlon OF Senator who resigns after serving two
out the remaining four years OF that term. and
| lor That only. He cannot begin a new siX-yeal
| term of his own Upon this ground it is con
tended by those who insist upon strict Legal
conformity to the law that Mr.. EGmOnds' APP
pointment was for the unexpired portion OF
MAJOR MorSanS term, which ended July 1st
1888, and that since that date Mr.. Edmonds
mas held on without any definite term
| qualify.