The Washington times., 1901-08-25
NO AUTHORITY TO APPOINT
Women Not Eligible for Service
on the Police Force.
Attorney DuvaIi Discusses the Cues
ton for the commissioners - The
Law silent On the SGbject-A Plea
Made by the Humane Society.

Made by the Humane society.
That all legislation seems to contem-
| plate that only men are to be appointed
on the general police force, but that the
| District Commissioners may appoint wo-
men additional privates for duty ut
designated place but are without author
ity to give such an additional private
rowing commission authorizing the ex-
ercisc of police power generally within the
| District, is the substance of an opinion
rendered by A b. Duvall, Attorney for
| the District
The opinion was rendered upon the ref
| erence 10 Mr.. Duvall of an application
| from the President of the Humane Society
| to Commissioner Ross, requesting him TO
| appoint a woman as an additional private
| of the Metropolitan Police torce. to repre-
| sent that society in preventing cruelty to
animals Under the opinion rendered by
| Mr.. Duvall it does not appear possible
| that the Commissioners can comply with
| the request of the President of the HUI
| name Society, inasmuch as rowing com
| mission. in order to properly perform
! the work required would be necessary in
] the appointment requested. MIR Duvan,
has carefully considered the question
| from all points. and as he himself states,
| has taken great interest in the question
| involved. He says:
Il have duly considered the enclosed
| memorandum of Commissioner Ross, re-
| spectinS the request of the President of
| the Humane Society for the appointment
by the Commissioners of a lady. in every
othe- way qualified. as an additional pri-
vate in the Metropolitan Police Force. to
represent that society in preventing
cruelty to animals. etc. My opinion is de-
sired upon two questions involved in the
request: Whether a female Is eligible to
appointment on the force, and whether.
If SO eligible. she could have a rowing
commission in order to properly perform
the work which she would have to do in
that direction.
Il have the honor to state that all leg
islation respecting the Metropolitan Po-
lice Force seems to contemplate that the
general force shall be composed of men.
| find no provision in the act establishing
the force or in any amendment thereto in
conflict with this section. In the admin
istration OF the law for the appointment
of members of the police force the con-
struction uniformly adopted has been in
accordance with the universal under
standing that women were ineligible to
appointment thereon. The question SUBJ
mitted to us. however, is not addressed
to the qualifications as to sex for ap-
pointnent on the police force. but relates
to the appointment of additional privates
under section 3i5. R s. D. c.
BY this section the Commissioners are
authorized:
" On application CT any persons show
Ing the necessity thereof to appoint any
additional number of privstes to duty at
any place within the District. at the
whom the application is made. but not
to exceed the yearly provided for
privates of the general force
Section $40 provides: The privates ap-
pointed as provided in the preceding sec
ton shall be subject to the orders of the
board OF police. and shall obey the rules
and regulations OF me board and shall
conform to its general discipline and to
such ether special regulations as may be
made. and shall wear such dress en-
blern as the board may direct. and shall
during the term of their holding the APP
pointment, possess all the powers privi-
leses. and duties of the force
These special policemen are for duty
at a designated place. they are the watch
Stat Ites District of Columbia, which pro-
vides: And no person shall be appoint
ed as policeman or waterman who has
not served in the army or navy of the
United states and received honorable
diScha rye.
"A woman would, therefore seem TO be
disqualified for appointment on the gem
eral force or as special policeman. under
the act establishing the Metropolitan Po-
lice Force. But this does not dispose of
the matter, for the Supreme Court of the
United States in District of Columbia VS.
Hutton. held that the Commissioners
could appoint policeman person who
had not served in the army or navy. be-
cause the above section prescribing this
qualification was repealed by the act of
Congress, providing a permanent form Of
government for the District of Columbia,
approved June II, 1873. The court held
that the language of section s of this
act clearly implies that in the employ
nient of officers over whom they have CON
troll, they must select such persons under
appropriate regulators. as they may
deem suitable and competent for the dis
charge of the duties pertaining TO such
office, without regard to their possessing
the Qualifications prescribed by section
Legislation respecting the generaI po-
lice force since the act providing a per
Hanent form of government for the Dis
triGt OF Columbia clearly indicates that
men only are to be appointed Whenever
there has been occasion to use Language
declaratory of the personnel of the force
such language has been employed as
would exclude females therefrom When
II was deemed desirable for women to be
connected with the police force Congress
by its act of July q, lSSs. authorized the
Commissioners to appoint matrons for the
Police Department
Section of said act provides: That
no woman shall be appointed matron I'M
less suitable for the position and recon-
ten women of good standing, residents of
the District Of Columbia
WI lille this is the state of the general
legislation as TO the general force. | find
nothing that curtaiis or lessons the pie
nary authority of the Commissioners un-
der the act provoking permanent form
of government fof the District respecting
appointments to office. including appoint
ments TO the office of additional privates
under section 215. r. S. d. c.
Il am of the opinion that the Commits
IiScrpfipp
point a woman as such additional private
for duty at any place within the District
if they consider her qualified to perform
the duties of such Office. Additional pri-
Yates appointed under said section 375
are in the nature of watehmen whose du-
ties are to be performed at d certain
place. and ! am Of the opinion that the
Commissioners would not be authorized
to give such additional privates a row
ing commission authorizing the exercise
of police power generally within the Dis
trict.
In conclusion | have to say that the
subject of the appointment of women to
pubic office Is an interesting one. Being
largely a political question, the courts
have answered it with no unanimity Jus
| tice Bradley. OF the Supreme Court of the
United States. in his concurrinS opinion
| In Bradwel vs. Illinois. held that women
had no absolute right. Independent of leg
| islation, to hold Office except as at com
| mon law. At common law they were in
| eligible to hold public office excepting
offices the duties of which could be per
| formed by a deputy.
From the beginning of our school sys-
| TEN women have been appointed as teach
| ers In our public schools. and since the
| organization of our present permanent
| form of government and the transfer of
| the duties of the school board to the Com
missioners, the latter have continued to
| appoint female teachers Their right to
| do so has been recognized by Congress
| In the provisions of the act Of July II
| 1892 that there shall be no discrimination