The Washington times., 1902-09-08
Succession of Civil Com
nliSsloners Is in
Doubt.
QUESTION OF QUORUM RAISED
Lawyers Differ il Opinion Relative to
the Validity of Contracts Approved
by Board of Two Members-Quota-
tions From Law.

tions From Law.
Since the death of the late Commits
sicner Ross, and especially in view o
the uncertainty which has existed rela
s8ss s. Sss sBassssSssS8s IS sssg Gss9
e2sssP. thape has bean good doaI o
discussion regarding the succession Q
the two civil Commissioners on the Dis
irict Board. The organic law of 1S1
provides that the President shall ap
point the Commissioners when thei
terms expire or in case of vacancy from
death or other cause. II does not, how
ever. specify any limit to the time which
shall intervene between the death OF
disability of one of the civil Commits
sioners and the appointment of hi
successor.
Since the organization of the presen
municipal government vacancy has
been caused twice by the death of one
of the ;ncumbents. In 1895 the En-
gineer Commissioner, Major Twining
died suddenly, but, being an army off
Ger. the vacancy was filed after an in.
teryal of seven DAYS. The other va
cancy is the present one. and more than
a month has interviewed since the death
of Mr.. Ross.
Under the provisions of the joint reso-
luton approved December "a. 1890. the
senior assistant to the Engineer Com
missioner is authorized to act in the
absence of his chief. No such pro.
vision is made for the death, absence
or disability of either of the civil Com
missioners
The conditions imposed by the law at
the present time have led to very
general expression of opinion at the
District Building and among lawyers
that some change ought to be made in
the laws to provide for eXigencies like
the present.
Secretary Is Suggested.
To meet the evident oversight in the
law it has been suggested that the Office
of Secretary to the District of Column
bia should be created, and that this
officer should be empowered to act as
Commissioner in the absence of either
of the civilian Commissioners. Another
suggestion having the same end in view
is that the law be amended so as to
empower the secretary to the Board of
Commissioners to act as a member of
the board in the absence, disability or
- 1.,l A.
Commission. modification of this idea
is that the President be authorized to
appoint the secretary to the board or
some head of one of the departments
Commissioner pro TEN, to act until the
regular Commissioner should be ap-
pointed.
Some of the lawyers of the city are
of the opinion that at the present time
there is no legal Board of Commission
ers. The law bearing upon the subject
is contained in section /. paragraph s..
of the organic act, and is as follows:
And one of the said three Commission
ers shall. be chosen President of the
Board of Commissioners at their first
meeting, and annually and whenever a
vacancy shall occur thereafter.
This language is held TO imply that
the board consists of three persons, and
that without the three there is no actual
Board of Commissioners. The same idea
crops out in section 5. paragraph >. of
The organic act. which prescribes that
"All contracts fer the construction. i'm
provement, alteration, or repairs of the
streets. avenues, highways. alleys. gut
fers. sewers. and all work of like ma
ture. shall be made and entered into
only by, and with the official unanimous
consent of the Commissioners of the
District
1t was provided. however, in the joint
resolution that ANY two of the Com
of the District of Columbia,
sitting as a board. shall constitute a
quorum for the transaction of business"
Three Needed for Board.
The character of the law is such that
lawyers are of the opinion that it re-
quires the three Commissioners TO prop
crly constitute the board. and this view
is SO strong that as an actual fact the
contracts for public work for the pres
ent fiscal year have not yet been signed
ard executed.
But those who have discussed the
question recently have taken the view
that the legal basis for the succession
In the Board of Commissioners is so de-
fective that under some circumstances
the municipality would virtually have
no responsible head. Fer example. if the
other civilian Commissioner should meet
with serious accident or death, or ii he
should be taken i'll. the entire business
Of the District would come to a sudden
standstill until at least one new mem
ber of the board could be appointed by
the President.
Suppose again that President Roose-
White Pine, 1x12x1e, rough, at s2.5o