Evening star., 1902-01-06
Deep Interest in Three Nominations
Pending.
CONSTRUCTION OF Law INVOLVED
Appointment Of Gems. Gillespie,
DAVIS and Crozier.
SELECTING BUREAU HEADS

Military circles are deeply interested in
| the cases of Generals Gillespie Davis and
Crozter, nominated respectively as chief OF
engineers. judge advocate general and chief
OF ordnance. These nominations have been
before the Senate military committee for
several weeks and the committee has been
III correspondence with the Secretary of
war on the subject. The cases involve an
important construction of the provisions of
the army reorganization act, approved
February 2, 1901, relating to the appoint
ment OF chiefs of bureaus Of the War De-
partment.
The nomination of General Gillespie diff
fers from the nominations of Generals
Davis and Crozier. In the case of the last
two named officers the nomination was for
a period of four years. while in the case OF
General Gillespie there was no limitation
of the term Of Office. The reason for this
difference is not clear to persons who have
investigated the matter, and the Senate
committee has asked Secretary Root for
light on that point
The cases of all three officers are identi-
cal IN the one important particular in that
each Is member OF the staff department
OF Wh1ch he has been chosen as the head.
ihe perpleXity arises from difference
or construction of the act under which the
eptOiieiiie.lS were made Ine particular
clause applicable to the cases was intended,
IL is said to limit the appointments OF
bureau chiefs to four years. but its pecu-
ilar phraseology apparently makes the limi-
tation or four years apply only in the case
OF line officers detailed to duty as chiefs OF
sta1t bureaus. That being conceded it
would appear that appointments as chiefs
OF o1ncers permanently attached to the par
tieaiaf stan department were governed by
the general statute under which such an
pontmehts are permanent during active
service. .-x-- -
the secretary of War that Gen Davis and
zen. Crozier should act as judge adyoca te
sehera1 ana chief of ordnance, respectively
Tor period of four years only, it seems
p,opaoie tiiat under the construction now
paced on the law of February 2 last that
these ofhcers have just and proper claim
10 tenure of office terminating only On
thelr statutory retirement 1t is said fur
ther that liberal Interpretation of The
law actually limits the choice Of a chief az
stan IN the various corps to officers holding
permanent commissions in the respective
stan corps so long as there shall remain
one on the active list. Then, and not until
then. 1T Is said, will the President be legally
the heads, Of the various staff departments.
and even then he will be limited in his Sc
iectlon to officers not below the grade of
lieutenant colonel The selection Of Gen.
Croz1er who was at the time a captain of
ordnance, is conclusive that Secretary Root
did not jconsider that there was any legal
limitation in the matter Of rank when the
ch1ef OF "a corps was selected from member
ship in that corps.
1t Is said that there Is opposition to the
colillrlnaalon tof Gen. Crozier as chief of
ordnance, outside of the purely legal oues-
tions already mentioned, based mainly on
the TACT that he was jumped over so MANY
OF his se1Hors,in rank and length of service