Evening star., 1901-08-29
POLICEMEN AT CROSSINGS
NOT ENTITLED TO ANNUAL LEAVE
OR TO RECEIVE PENSIONS.
Auditor Petty Submits q Report to the
Effect That They Are Special
Omcers Only.

A report has been made to the Comnnis-
sioners by Auditor Petty on the question
Of pensioning crossing policemen. The
opinion Is unfavorable to their receiving
such benefits. The matter was referred to
the auditor by the Commissioners as the
result of a recent letter on the subject
from Mr.. Leo Simmons. The auditor says:
I'm connection with the question Of al
lowing leaves Of absence with pay to spe-
cia1 policemen stationed at street railway
crossings and intersections. referred to me
under date of the 21st instant, l have the
honor to submit the following report:
"The law authorizing these officers. ap-
proved June "a. 1898. provides as follows:
Section g. That the Commissioners Of
the District Of Columbia are hereby au-
thorized and required to station special
policemen at such street railway crossings
and intersections in the city of Washing
sary, the expense OF such service to be
paid pro rata by the respective COM
1.-The foregoing section was amended
February %, 1901, by adding the following
words:
1.-The special policemen aforesaid shall
possess all the powers and authority now
conferred by law upon privates in the
regulations as the Commissioners of the
District of Columbia may from time to
time prescribe
Not Entitled to Leave.
These provisions comprise the law gov
erning this class Of policemen, and as
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 Com
misSioners.
mo one realizes more fully than myself
the desirability Of giving to these officers
opportunities for rest and relaxation from
the exactions of their exceedingly impor-
tant duties, but as the entire cost of their
support is borne by the railway companies
they sustain to certain extent the rela-
tions 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 pur-
sued, should have the right to determine
the matter in controversy. These compa-
nies. however, exist by virtue of charters
received from Congress, and that body can,
condition precedent to granting or
continuing in force franchise of this char
acter, require the allowance Of leave prlvi-
leges to policemen stationed at street rail-
way crossings. but the Commissioners are,
in my opinion. without the slightest au-
thority to make or enforce such regula-
tion.
Pension Fund Solely for Regulars.
1.-THE status Of these officers in respect of
their right to participate in the benefits Of
the policemen's fund can scarcely be con-
sidered a debatable question. That fund
was created by law for members Of the
metropolitan rolice alone, and Is based
primarily upon a retent OF 81 per month
from the salary annually appropriated for
each member of the force, the law requfr-
ing that the amount 50 retained shall be
deposited with the treasurer OF the United
States and accounted for as other expendi-
lures of the District of Columbia. The
compensation Of special officers not being
provided for in. Or derived from, appropria
tions. nor authorized by law to be deposited
with the treasurer of the United States,
the accounting officers Of the treasury have
no jurisdiction over it, and could not legally
subject it to the requirements Of the PEN
sion act.
I'm the Hight Of the law and the facts 1t
seems clear that no relief from existing
conditions can be obtained except through
remedial legislation by act Of Congress-"