Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-20
ZINKHAN rs ELIGIBLE
OPINION OF CORPORATION ooUN-
SEE FILED TO-DAY.
Old Law Requiring Selection Of Resi-
dents for Certain Local Offices
Repealed in 1878.

~h~ 40" SAaCtoQ tuo AuSo AO6ASa~~'e
assembly OF the District STIMULATING that
persons to be eligible to appointment to
certain specified offices in the District serv-
ice should be residents OF the District was
repealed by the act Of Congress providing
permanent form of government for the
District. approved June IL. 1873. according
to an opinion of Corporation Counsel A.
B. Duvall. which was submitted to the
Commissioners today. The opinion was re<
quested in connection with the recent ap-
pointment by the Commissioners Of Louis
F. zinkhan of Baltimore to the position OF
intendant of the Washington asylum. and
establishes the eligibility Of the appointee.
This opinion Is considered as ono OF more
than ordinary Importance, inasmuch as 1t
is regarded as settling the question as to
the Legality OF the appointment Of various
than the District, to positions In the Dis
trict service.
A question having been raised in certain
quarters relative to the legality Of the APP
pointment of Mr.. Zinkhan as intendant OF
the washington asylum. Commissioner
West requested the corporation counsel to
review the points involved and submit
legal opinion on the matter.
Mr.. Duvall in his opinion mentions that
among the offices created by the act Of the
legislative assembly approved August 81.
1871. were those Of auditor. superintendent
fntendant Of the Washington Asylum and
others. He quotes section 8 of that act,
which provided that mo person shall be
appointed to perform the duties Of any Of
resident of or shall have exercised the
right of suffrage in the District of Column
bia."
Provisions Of the Law.
''The act of Congress, approved June 20,
1874" says Mr. Duvall, creating tempo
rary form of government for the District,
and abolishing the territorial system and
vesting the affairs Of the District in a COM
mission, declares in section that all pro-
visions of law providing for legislative
assembly and for delegate In Congress in
the District of Columbia are hereby re-
pealed, thus abolishing all right Of suf
frage in the District.
Section of that act provides, among
other things, that the Commissioners are
hereby authorized to abolish any Office, to
consolidate two or more offices. reduce the
number of employees. remove from office
and make appointments to any Office au-
thorized by law The same authority, in
totidem verbs, was vested in the Commits
sioners by section Of the act of Congress
providing permanent form of government
for the District approved June IL, 1873.
Mr.. Duvall mentions that the Supreme
Court Of the United States in two cases
has reviewed and construed this grant Of
power to the Commissioners. In the case
the court held that the Commissioners had
authority under this section to remove a
police officer without charges, notice or
hearing, although the act of August 9, 1861.
embodied in section 1855 of the Revised
Statutes relating to the District, provided
that mo person shall be removed from the
police force except upon written charges
preferred against him to the board OF po-
lice, and after an opportunity shall have
been afforded him of being heard in his
defense
Opinion of Justice Brewer.
The corporation counsel quotes the opin-
ion of Mr. Justice Brewer on this case.
and cites another case wherein the court
held that the eighth section Of the act
of August 6, 1851. constituting the metro
politan police force, providing that mo
person shall be appointed as police
man or Waterman who has not served in
the army or navy of the United States, ana
received an honorable DISCHARGE" was re-
pealed by the organic act of 1878.
I'm view of these decisions" says Mr.
Duvall, 81 am of the opinion that section
of the act of the late legislative assembly,
approved August q. 1871, entitled an act
trict of Columbia, and authorizing appoint
ments thereto has been repealed by the
act Of Congress providing permanent form
of government for the District of Column
bia, approved June IL, 1873"
1t Is understood that the Commissioners
will approve the opinion OF the corporation
counsel which Is in line with their own
opinions on the subject when the appoint-
ment of Mr.. Zinkhan was made.