Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-02
CITIZENS FOR POLICEMEN.
The Eject Of the Dccision In the Case Of
Hutton.


The Eject Of the Decis,on in the Case Of
Hutton.
no LONGER NECESSARY TO 90 TO THE ARMY Or
NAVY FOR RECRUITS FOR THE POLICE foRcE-
DISTRICT AuraoRIriEs PLEASED WITH THE NEW
STATE OF AFTArRs-wHAr TIE OPINION SAID.
The so-called "army and navy clause, re-
stricting appointments on the police force to
men holding honorable discharges from the
army and navy. is blotted out by the decision
of the United States Supreme Court In the
Hutton case, published in The STAR yesterday.
For several years the complaints OF the police
authorities as to the embarrassments they met
on account Of this law in their efforts to obtain
suitable men for the force and the comments
Of officials and others on the preju-
dicial effect the operation Of the law
had on the character OF the force,
have been growing more and more emphatic.
The persons whom the law when enacted was
intended to benefit, the veteran soldiers and
sailors of the war longer derived any bene-
ht from it, and the police department was
forced to turn for recruits 70 the men who
had enlisted and been discharged from the
army and navy in recent years. That the de-
cision yesterday was gratifying to the police
authorities il is hardly necessary to say.
The Hutton suit, as stated, was for s182. 80,
with interest from June to August 20, 1890.
Hutton was appointed on the force as a civilian,
his appointment was made to test the question
as to whether the Commissioners could appoint
civilians or not.
When the accounts reached the first control
Ter he declined to sanction it and suit was en-
tered by Hutton for his pay. The Supreme
Court Of the District sustained the action Of
the Commissioners in making the appointment
and tho case was then taken TO the Supreme
Court of the United States
THE ONLY QUESTION
The question in the case was whether para
graph 1854 Of the Revised Statutes Of the Dis
trict of Columbia. prescribing the qualifications
Of persons eligible for appointment On the po-
lice force, WAS repealed by the act Of June IL,
1878. Paragraph 354 was the one which made
an honorable discharge from the army and
navy prerequisite TO beiNg q policeman and
the act of 1878 was the one establishing the
present form OF government OF the District of
Columbia.
The court in delivering the opinion referred
to the Ecklof case, stating that the Sup, eme
Court OF the District was right in its decision,
and continued: "Moreover, the reasons actual
ing Congress in 1867 in requiring the District
police force to be made up of honorably dis
charged soldiers and sailors did not exist, at
least IN the same degree. in 1878. When this
quail1icational provision WAS first enacted the
harmony with the general liberal policy OF the
government Of the United States toward
those who had fought in its army and
navy that discrimination should be made
In their favor in the matter of appointments
to various places OF trust in the nations
capital Their appointment on the police force
would serve also to Undue that force with
at least some OF the precision and atten-
ton In detail found in all well-regulated mill
tary companies that have seen actual service.
But Ill 1873 the war had been over number of
years and those who participated in its struggles
were growing old and were becoming less able
physically to perform all the duties Of a men,
Der Of the police force.
Under these conditions it is entirely con-
sistent with the policy Of Congress to hold that
they intended to abolish the qualiticational
standard originating in the act of 1867. To
carry that standard along indefinitely would
make 1t apply to those who enlisted in time of
peace as well as to those for whose benefit it
was originally intended. As was said by the
District supreme Court: 1t is not likely that
citizen and the soldier or sailor Of peace es-
adjustment"
THE VARIOUS ACTS.
Under the act of June II, 1875 appears the
following: "And said Commissioners are
hereby authorized to abolish any Office, to con-
solidate two or more Offices reduce the number
OF employees from Office and make appointments
to any office under them authorized by law"
Paragraph of the act of June 20, the same
year, says: 1.-The said Commissioners of the
District Of Columbia are hereby authorized to
fix the salaries to be paid to the officers and
privates Of the metropolitan police until other
wise provided by law"
Section Of the act provides "that from and
after the first day of July, 1873, the board of
metropolitan police and the board of school
trustees shall be abolished and all the powers
rhavv hall I@<,
transferred to the said Commissioners of the
District of Columbia, who shall have authority
to employ such officers and agents and to adopt
such provisions as may be necessary to carry
into execution the powers and duties devolved
upon them by this act"
CHANCE FOR CIVILIAN APPLICANTS.
Now that the decision has been rendered the
civilians who have been applicants for appoint
ment on the force for a number of years will
no doubt put in new applications and the files
will be filled in the course of a short time.
1t is feared by some that the decision giving,
as it does, the power of appointment at will,
will operate in the future to make the force a
political machine unless the necessary safe
guards are established at the outset and the
rule requiring residence in the District Is
strictly adhered to.
MAI. MooRE's coMMENrs.
Maj. Moore. speaking to STAR reporter this
morning concerning the ueclslOn SAID: 1t IS
the best thing that could have happened for
the police force. For the past two years it has
been difficult to fill the vacancies, especially
those created by legislation. 1t took two or
three months to get thirty men when Congress
provided for that additional number. Now
men can be taken not because of their honora-
bic discharge from the army or navy. but be-
cause they are particularly adapted to police
work. 1t seems to me that it will be well to re-
quire at least three years or more resi-
dence in the District as one of the
qualifications for appointment, and further
it is q matter of consideration whether or not
the maximum age should not be reduced from
thirty-eight to thirty years aud the height
increased to at. least five feet nine inches and
then have these rules rigidly adhered to in the
selections. 1t has been impossible to make and
.stringently enforce such requirements under
the army and navy clause as in order to keep
the force filed up it was necessary at times TO
take men who did not possess the requisite
height The civil service rule requiring an
applicant to be Endorsed by well known and
reputable citizens might be of assistance in OBJ
tanning suitable men-men Of good character"
coNGREssMEN AFTER APPOINTMENTS.
Although twenty-four hours had not elapsed
since the decision Of the Supreme Court was
rendered two members Of Congress called upon