The National tribune., 1890-10-16

| OF the Supreme Court Of the District affirmed
| at the October, 1889. term of that court. The
| opinion was by Justice Brewer, who held that
| the District Commissioners had the right to
make removals from the police force without
| restriction, and that section $685. above referred
| to, was repealed by the act of June ii, 1878,
| providing for permanent Government for
the District of Columbia"
Under the authority Of tho decision In the
Eckloif case the attorney for the District, in
an opinion to the Commissioners of the Dis
trct, held that section 35i, above quoted, was
also repealed by tho act of June IL, 1878.
To test the matter, the Commissioners, on
Juno /. 1890, appointed on the police force one
w. s. Hutton, who lacked the qualifications
prescribed in said section 354-that is, he had
never served in the army or navy OF the United
States.
The question came up before the Comptroller
on demand by Hutton of the amount due him
rs salary from June to Is, 1890. The Comp
troller disallOwed the claim, and, in his opin-
ion, says:
81 do not think the law Is repealed.
"The section of the statute above quoted
t35D defines the qualifications of policemen,
and, in substance states that no person shall
be appointed in the police force who cannot
read and write the English language, or who is
not n citizen Of the United States, or who has
been indicted and convicted of crime, or who
has not served in the army or navy Of the
United States and received an honorable dis
charge. This section performs no other office
il limits the field from which the selections
shall be made to persons possessing the qualih-
cations named in the law. Is this provision
inconsistent with the act of Juno IL, 1887 If
so. it is repealed, and If not, it remains in full
force"
"This law TACT Of June II, 1879 contains 10
sections, the first and last of which provide
that no law in regard to the District shall be
repealed unless by some express language, or
unless inconsistent with the act itself"
The third section of the act of 1878 en-
powers the District Commissioners
To abolish any office, to consolidate two or more
Offices, reduce the number Of employees remove
from Office, and make appointments TO any office
under them authorized by law.
"The right thus created to remove from
Office without condition was properly held to
be inconsistent with a prior law granting the
right to mako removals only after charges pre-
forred, notice given, and trial had. | invite
particular attention, however, to the last sem
tence OF the law last above quoted. The Com
missiouers are there empowered to make APP
PoIutmonLs to any Office under them author
i1ed by law That Is, the office must DO ono
established by law, and the person appointed
TO Gil il must possess the qualifications pre-
seribed by law"
In tho exercise OF the powers thus trans
fsrrcd tby the act Of 1879 tho Commissioners,
from time TO time have treated the Metropoli-
tan police as an integral part of the Govern
ment of the District.
"They have recognised In the appointment
OF policemen, the qualif required by
Section S54, and from time to time have asked
Congress TO abolish so much thereof as made
honorable service in the Army or Navy con-
dition precedent TO appointment, and, as often
as asked, Congress has refused to amend tho
law.
." Ny judgment Is tho practice
should be followed on this subject until the
courts have decided the question. Congress has
repeatedly refused TO act in the matter. and the
question IL too important TO be reasoned out
from some case not in point.
" The Eckiof case supra, Ia not without
force. ! recognize its well-understood doctrine
but deny that the law in question is in con.
fiet with it, On the contrary, they are in
entire harmony. and both stand together. The
qualifications of q Major or Captain Of Police
should be rs we'll defined ~ the qualifications
of q Marshal, Sheriff or Constable. They
should he citizens Of the United States; should
know how 10 read and write the English Ian
guage, and should have served In the Army or
Navy Of tho United States and have been hon
orably discharged.
"The argument Of the attorney for the Dis
trict is without force so FAR as 1t applies to tho
physical condition Of tho soldiers Of the late
war. If permission were given | feel confident
thousands of men who served IN the late war
could be found on call who would make a po-
lice force whose vigilance and proves would
DO Mt least equal 70 the best in the country"
A FERMENTATION TO col. cLARKsos.
A delegation representing the clerks In the
office of the First Assistant Postmaster General
called on Col J. 8. Clarkson, who recently
resigned the First Assistant Postmaster
Generalship, on Thursday evening, Oct g. and
presented him with letter expressive Of their
regard. The envelope was OF silver, enamelled
in perfect fac-simile OF the envelope used by
Col. Clarkson while First Assistant Postmaster
General. and bore tho stamp, cancellation aud
postmark Of Washington. ID. g., Sept /, 1850.
The envelope contained q twoleaf letter also
in silver, with gold border On the first page
OF the letter, beside the official card were en-
ameiled tho good wishes of the clerks aud
autograph signatures OF the five Chiefs Of Dl-
vision Of the First Assistants Office. On the
other pages were the names of the other SUBJ
scribers 10 the gift.
A STRANGE DEATH.
On Friday evening Il man was found hang
Ing to the rear fence which incloses the White
House. When taken down no was still alive,
but died in short time. 1t was not known
whether he committed suicide, or was accl-
dentAlly impaled on tho fence. lilo had owl
dentaily been leaning upon the fence, which
Is made OF iron rods with spearheads, and whom
found his throat was compressed between two
spearheRds so tightly that he was with din
| Guilty eKtrieated. The Coroner decided that his
| death was caused by asphyxiation. The man
was afterward identified az Edward Cation, n
cigarmaker, Of Washington. If he committed
suicide the method adopted was one of the
most singular that has ever been used In Wash
ington.