Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-11-20
TWO ARE NOT THREE.
The Question Raised a. to tho Power
Of the Commissioners.

TWO ARE NOT THREE.
The Question Raised a. to tho Power
OF the Commissioners.
JUDGE JANIS DID NOT GIVE A FORMAL oPN-
IoN-HIs REMARKS, HOWEVER, ARE ACCEPTED
A. Law By THE LEGAL ADVISERS OF THE Dis
REPRESENTATION AT THE DISTRICT BUILDING
Tho statement a. to the ruling In the case Of
Bush against Gheen ct al, affecting the legality
Of actions by the District Commissioners when
only two members of the board are present
and acting, has caused considerable comment
Judge James states, however, that what he said
In the hearing was not intended az ruling and
that the case il held in allegiance. The coun-
sci, who supposed he ruled ON the case, mis-
understood him. The hearing was at chambers
aud after the papers had been read Mr.. Cahill
made the point as to the legality Of the amend
ment made to the building regulations and
then the subject was discussed in q conversa-
tional manner by Mr.. Worthngton for Mr.
Gheen, Mr.. Thomas for the District and Mr.
Cook, who appeared with Mr.. Cahii! for the
James produced the opinion Of Attorney Gem
erai Brewster and said that that meant that
the action must be Of the full board of Com
missioners TO be legal At this point Mr..
Worthington said that he proposed to amend
the bill and asked leave to do So stating that
there were several matters he wished to put in.
Leave was given and the case went over.
The question raised regarding the power Of
two Commit sioners, the third being absent, has
not, 1t is said, reached formal decision. One
OF the counsel in the case said today the point
would probably be made again in some other
case and it be ruled upon.
COMMISSIONER DOUGLASS VIEWS.
Speaking to q STAR reporter this morning Of
the point raised in the Gheen case, Commits
sioner Douglass said: II understand the point
to be that three must be present for consulta-
ton and action. but that q majority two may,
under such circumstances, constitute the action
Mr.. Brewster's opinion was to this effect
don't think there can be any trouble except
when by reason of sickness or other pro-
longed absence the third signature cannot
be speedily had. There is q doctrine known
TO the law under the Latin phrase of
nunc pro tune which the courts have instituted
and enforced to accommodate just such trou-
blesome emergencies in human affairs that I
think can be appealed to to help us out of the
present nix. But OF course we don't want any
more presumptions or legal fctions where
rights and duties Of the importance that Dis
trlct affairs assume. either in view of the pub
lie interests or those of private kind, such
as contractors have, or others doing business
with the municipality, are involved than can
be helped. We are thinking the matter over
seriously and consulting about the emergency,
and what il best to do, and will soon conclude
so far a. We are concerned don't care to dis
cuss more in DETAIL" he said, what the result
may be, because, you know. there are many
people in this world who don't appreciate the
status until told. That was the case OF the
plaintiff who, crying aloud in court during the
address to the jury OF his lawyer, was asked by
the judge what the sudden feeling meant, re-
piled that he didn't know before how badly he
had been treated
SHOULD BE SETTLED BEYOND QUESTION.
Commissioner Ross said: Il am informed by
one OF the leading counsel in the case recently
heard by MIR. Justice James that he decided
nothing with regard to the matter referred to;
that he merely handed to the counsel in the
case volume containing an opinion Of
Attorney General Brewster to the effect
az set forth in the newspapers. and that the
question whether the Board OF Commissioners
10 such body as that all its members must be
present before it can legally decide anything
or can act when quorum Is present has not
been Judlcially considered, much less deter
mlned still the matter is OF such vast import
ance to every business interest Of the District
that there should be no doubt with regard to it
and it should be settled beyond a question
either by judicial decision or by legislative
enactment at the very earliest possible
moment"
THE SITUATION.
At the district building the situation is prac-
tically the same as if Judge James had form
ally decided the point. Mr.. Thomas, the
assistant attorney Of the District who. as a
representative of the District officials partici-
pated in the hearing before Judge James has
advised the Commissioners of what was said
has eoun,e led them to regard esss "n as
law the opinion of Attorney General Brewster
quoted by the judge Mr.. Thomas, some
months ago, cautioned the Commissioners on
this point.
Mr.. Thomas, speaking to a STAR reporter to-
day. said the judge, while not delivering a
formal opinion. undoubtedly expressed his be-
lief that the law was correctly stated in Mr.
Brewster's opinion. Mr.. Thomas said that
this was his own view of the case, and soon
as the judge intimated what his decision might
be Mr.. WOrthington withdrew his case
MIR. Thomas said that the judge did not dis
cuss the question as to whether all the Com
missioners being present unanimous consent
was required to make an act valid. This, in
his own opinion, was not the law. and it was
not so held by the Attorney General The
public had a right to lolnt decision of all three
Commissioners in a matter, but when they had
controlled. Mr.. Thomas likened the case to
that OF court of three judges where all three
must be present and hear the case, though the
agreement Of two of them would be sufficient
for rendering a valid opinion.
The Commissioners. he said. had been ex-
tremely careful and it was doubtful whether
any act could be found that could be upset on
the grounds indicated in Mr.. Brewster's opin-
ion. In the case of liquor licenses
he thought the approval of applications
by two Commissioners would practically
cover the cases AZ the applicants themselves
would not be likely to dispute. Where appli-
cations are rejected by two Commissioners act
ing without the third the applicants might dis
pute the validity of the act, but the only effect
would be to postpone action on these cases
Wonld ho fn1 - xbo
board.
Col Roberts is still SO i'll that he cannot be
consulted on business and the situation is some
what embarrassing.
Ladies Helped the Democrats
Mr.. Coggswell says there is much truth in
the theory that the ladies won this election for