Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-06
WEST NOT INELIGIBLE
Can Serve and Be Paid as
Railway Commissioner.
RULING OF CONTROLLER
Not Federal Employe as District
Commissioner.
NATIONAL LAW NOT VIOLATED
Statute Prohibiting Government
Employe From Receiving Two
Salaries Does Not Apply.

Commissioner West, recently appointed
by the interstate commerce commission a
member of the commission to regulate and
control the electric railways of the Dis
trict of Columbia, is eligible to serve and
to receive compensation for his services.
in accordance with an important deci-
sion of the controller of the Treasury
jut forwarded to the Interstate commerce
commission.
The question came up through letter
from Chairman Knapp of the interstate
commerce commission, Who desired to
know if the Commission could avail itself
of Mr.. Vests services on the commission
to regulate and control the electric rail-
WAYS of the District of Columbia, Con-
gress having placed the electric railways
of the District under the jurisdiction of
the interstate commerce commission. The
controller of the Treasury decided in the
affirma i've.
Chairman Knapp in his letter to the
controller says:
Il have the honor to request your deci-
sion as to the legality of this commits
sion employing Henry l.. West, Commits
sioner of the District of Columbia, and
the interstate commerce commission. Or
is this commission prohibited from paying
him for the services by the provisions in
section 1865. Revised Statutes. and sec
ton of the act of July 81. 1894. in view
of the fact that Mr.. West is now receiv-
ing an annual compensation of 5000 as
Commissioner of the Ditrict of Columbia
If the commission is prohibited from
paying him compensation for his serv-
ices, has it the authority to avail itself
of his services without compensation
Ruling of Controller.
The controller of the Treasury replied
in the following interesting decision,
which throws additional light on the re-
lation of the District to the national
government:
1.-The exact relations which the District
of Columbia and it's officers and employees
practical application of certain federal
lumbia. and its appropriations in support
of the District government, are much
vexed questions. No general rule appli-
cable in all cases can be laid down.
But section 1865 Revised Statutes, and
the act of July 81, 1894 cited by you,
pensation to an individual in certain
cases, are evidently statutes aimed at
the holding of two federal Offices or po-
sitions by. the same person at the same
time. or the paying to such person of a
double compensation therefor.
THE Attorney General Co OPP. Att. Gen.
59), in we'll considered opinion. held that
officers and employees of the District OF
Columbia, Notwithstanding that half their
salaries and compensations are paid from
the federal Treasury. are not in the serv-
ice of the United States. If not in the
service of the United States they are not
officers or employees of the United States.
Hence the prohibition of holding two
or more offices contained in the statutes
cited by you does not apply to the officers
of the District of Columbia.
Attorney Generals Decision.
1.-THE Attorney General, among other
things. supra. held:
These citations and decisions make it
clear that the officers and employees of
the District of Columbia are not officers
and employees of the general government
of the United States, but of the municipal
corporation known as the District OF
Columbia. They receive their compensa-
ton from the moneys of the District half
of which are contributed through the ap-
preparation by Congress and half by taxa
ton upon property of the inhabitants, of
the District.
They are as distinct from the civil
service of the United States as would be
the officers of any city government in one
of the states of the Union from the civil
service of the state itself. l therefore ad-
wise you that the provisions of the civil
service act cannot legally be applied to
the officers and employees of the District
of Columbia
Following the doctrine announced in
the above opinion of the Attorney Gen.
eral, and 1 have heretofore followed il
(see IL Comp. Dec, 262, 264, i'd, 1880,
/ have the honor to answer your first
question by saying that / know of no
legal objection to your employing and
compensating Commissioner West for
services performed for your commission,
such services being authorized by law and
appropriated for.
Because of my answer to your first
question. l deem it unnecessary to decide
the second question contained in your
submission"
Refuses to Discuss Report.
James F. Oyster. president of the board
of education. steadfastly declines to dis
cuss the reported tender to him of the
post of District Commissioner in success
sion to Henry L. West. His friends
however, are deeply resentful of any at
tempt TO make it appear that the Presi-
dent had formally rendered the place tc
him and that he had not replied to the
Mr. Roosevelts intention to reappoint Mr.
West
When a Star reporter called to Mr.
Oysters attention this afternoon the re-
port that he had been offered commits
sionership and that Mr. West had beer
appointed before he had replied, together
with an interview with Mr.. Oyster in d
morning paper. placing him, theoretically.
in the position of sanctioning the idea thai
such an offer had been made, he reiterated
his oft-expressed intention not to discus.
the subject.
II must decline to say a word about ii.
he remarked, further than to add l hav,
invariably declined to discuss the matter
and any statement to the contrary pur
porting to come from me or going furthe
into the matter. by inference or other
wise, is without foundation"
Michael Scrock and James Fulgo. min
ers of the United Coal Company, neal
Boswell. in the Meyersdale. Md. field
were killed by being thrown 100 feet from
a cage to the bottom of the shaft.