The Washington bee. [volume] (Washington, D.C.) 1884-1922, 1892-02-06

and conclusively the right OF the
Commissioners to select whOmso-
ever they think best for the police
force regardless of service in the
Army.
In this suit Hutton, who had
been appointed on the police force
as driver Of the ambulance, sued
the District to recover S182 so with
interest, that beng the amount OF
salary from June 6 to August 20,
1890. The District supreme court
gave Judgment in his favor. The
commissioners were willing to
accept this as settlement of the
question, it being in accordance
with their wishes, but the First
Comptroller, who had refused to
pay HuttOn's account; appealed
the case and called on the Attorney
General to defend 1t, the District
dropping out of the suit so far as
being represented by counsel was
| concerned.
The single question in the case
was whether paragraph 354 of the
Revised Statutes Of the District of
Columbia prescribing the qualiica-
tionS OF persons eligible for ap
pOlntment Oh the police force was
repealed by the act OF June IL,
1878. Paragraph 354 was the one
which made an honorable dis
Charge from the Army or Navy d
prerequisite to being a policeman,
and the act of 1873 was the one
establishing the present form of
government of the District of Col
umbla--the CCmmiSsiOnership plan.
Tee court, Iii its opinion, begins
consideration Of the Case by d re
view of the history of the District
police force, beginning With the act
OF 1861, constituting the District of
Columbia a metropolitan police
district. T0is provision Was fol
lowed by the act of 1867, requiring
policemen t. be selected from nom
orably discharged soldiers and
sailors.
June IL, 1873, Congress enacted
an act establishing "a permanent
form Of government for tue Dis
trIct oil Columbia " TIE police
section of this act read as follows:
That from and after the 1St day
Of July, 1878, the board of Metro
p0litan Police and the board of
school trustees shall be abolished,
and all The powers and duties new
exercised by them shall be trans
ferred to the Commissioners Of the
District OF Columbia, who shall
have authority TO employ such
officers aud agents and to adOpl
such provisions as may be ne,essa-
ry to carly into execution the
powers and duties devolved upop
chem 10y this act.
The section, in the opinion SAYS,
the ,th.e District supreme court held to
= repeal of the Army and Navy
srRs:a tIon4r ami gave the GUmmiis
ANY OF's full power 10 appoint
B. Rustnsoever they chose under
Notable regulations.
This same question of tue repeal>
ing effect of the act Of 1873, the
opinion of Justice Lamar says, was
involved iu the case of Eckl, if W..
the District Of Columbia, III which |
the court held that the act re-
pealed paragraph G55, prohibiting
removals from the force except Oh |
written charges and hearing, and |
gave the commissioners power of |
summary removal. The court |
then held that the act of 1878 was
an organic act, intended 10 dis
pose OF the whole question of a
government for The District. |,
was declared to be a constitution
Tor the DlStiict, aud it WIS stated
that the word ''permaneDt7 was
Suggestive as imply ing that ali
pIlor forms b. d been temporary
and provisional. Under the view
Dt the court III this case the opin-
ION says the District court was
Correct III holding that that act su.
perseded and repealed 10y imph.
;allon paragraph 354, relating to
appointment of pOncemen frOm the
Army. Ii Is true that there are
40 expressed words of repeal in
he act of 1873, but its whole tenorl
shows thai lt was intended to su-
DerSede previous laws relating to
he same matter and to provide
system of government complete in
tself. The authority given to EN-
IloJ agents, Nc, clearly implies
he right to select such persons as
hey Che COmmlssion>) see fit.
Continuing the opinion says:
Moreover the reasons actuating
Congress in 1867 in requiring the
District police 70! ce TO Oe made up
II bOnOTably discharged soldiers
nd sailors did not exist, at least
II the same degree, in 1873. When
bis qualiicationaI provision was ,
rst enacted the war had not been
1ng ended, and it was but in har- {
lOuy with the general liberal poll
Y Of the Government of the
United States toward those who
al fought in It's Army and Navy -,
hat Discrimination should be
lade in their favor in the matter q