The Washington times., 1901-08-30
AFFAIRS OF THE DISTRICT.
The Auditors Opinion on Street
Crossing POlicemen's Pens ions.

| A Controversy Concerning the EIe-
| vntors In Wizards Hotel - Ar
| engagements for the Celebration of
District Day Mt the Buffalo Fair.
j. T. Petty, the District Auditor, yester-
| day forwarded to the Commissioners his
report upon the communication sef Leo
| Simmons relative to the granting of PEN
| sions to street crossing policemen. Mr..
| Petty takes the ground that under exist
| ing laws the proposition cannot be favor
| ably considered.
In connection with the question:, he
| says 'of allowing leaves of absence with
| pay to special policemen stationed at
| street railway crossings and intersections,
referred to me under date of the 2lst inst.
/ have the honor to submit the following
report:
The law authorizing these officers, ap-
| proved June "a, 1898, provides as follows:
Sec g. That the Commissioners of the
District of Columbia are hereby author
| lied and required to station special po-
licemen at such street railway crossings
and intersections in the city of Washing
| ton as the Commissioners may deem
necessary, the expense of such service to
| be paid pro rata by the respective COM
panies.'
THE foregoing section was amended
February IS, 1901, by adding the following
words: The special policemen aforesaid
| shai, possess all the powers and authority
now conferred by law upon priVates in
the Metropolitan police force, subject to
such regulations as the Commissioners of
| the District of Columbia may from time
| to time prescribe.
These provisions comprise the law gov
| neither of them in terms authorizes leave
| of absence with pay, and the Government
| contributes nothing to the maintenance of
| the service, there is neither legal nor
equitable sanction for action looking to
| the granting of leave as aforesaid by the
Commissioners.
mo one realizes more fully than my
self the desirabiity of giving to these
officers opportunities for rest and relaxa-
| ton from the exaC ions of their exceeding
| ly important duties. but rs the entire cost
| of their support is borne by the railway
companies, they sustain, to a certain eX-
! tent, the relations of employees to these
corporations, and the management of the
| latter rather than the Commissioners, in
the absence of legislation prescribing the
course to be pursued, should have the
right to determine the matter in contro-
! versy. These companies, however, exist
| by virtue of charters received from Con-
gress, and that body can, as condition
precedent to granting or continuing in
| force a franchise of this character. require
| the allowance of leave privileges to po-
| licemen stationed at street railway cross
| ings but the Commissioners are, in my
/ opinion, without the slightest authority
| to make or enforce such regulation.
| THE status of these officers In respect
| of their right to participate in the benefits
| of the policemen's fund can scarcely be
| considered debatable question. That
| fund was created by law for members of
| the Metropolitan Police alone, and is bas-
| cd primarily upon a retent of 81 per
| month from the salary annually appro-
| priated for each member of the force, the
| law requiring that the amount so retain
| ed shall be desposited with the Treasurer
| of the United States and accounted for
| as other expenditures OF the District OF
| Columbia. The compensation of special
| officers not being provided for in, or de-
| rived from, appropriations nor authorized
| by law to be deposited with the Treasurer
| of the United States, the accounting Off
| GERS of the Treasury have no jurisdiction
| over it, and could not legally subject it
| to the requirements of the pension act.
In the light of the law and the facts
| IL seems clear that no relief from exist
| ing conditions can be obtained except
| through remedial legislation by act of
| Congress"