Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-07
WOULD PROVOKE DISCORD
Views of Commissioners on Bill of
Representative Johnson.
REPORT SENT TO COMMITTEE
District Heads Cite the Conditions
Which Would Result From
Divided Administration.

feSentat1ve Johnson, chairman or the
House District committee, authorizing the
President Of the United States to appoint
the corporation counsel for the District,
is expressed by the District Commission
ers in a report on the measure sent to
the committee today.
Not only is the principle Of the bill
departure from the law which successive
ly created the corporation Of Washing
ton and the District of Columbia munich
pal corporations during the course Of
practically century. say the Commits
sioners but it tends, they assert, to a d.
vided and discordant administration of
the municipal affairs of the District.
a study of the relation between the
corporation counsel and the Commission
ers, the District heads assert in the re-
port, will show the necessity and pro-
priety of reposing in the Commissioners
the authority to appoint the corporation
counsel, because such relationship de-
mands that this official shall be person
ally agreeable to them and anSwerable
to them for his acts.
Conflict of Duties.
IF the President of the United States
should be given the power to appoint
the corporation counsel" the report
states, lit would be the duty of that Of
ficial to report directly to the President
many matters of municipal administra-
ton which are now within the discretion
OF that official or within the discretion
OF the Commissioners, and to receive
suggestions about the course Of conduct
which should be thought advisable to pur-
sue.
Suits involving the question Of the set
tlement OF claims against the District of
Columbia, affairs re.ating to the building,
police, plumbing and health regulations.
administrative in character and not jul
dicial, coming before that officer, might
induce, IL not compel. him to bring the
matters to the attention of the President
which, IL referred by the President to
some judicial officer Of the United States
unacquainted with the intricacies of the
ernment of the District of Columbia. and
his opinion taken, would entail confusion
and delay"
Importance Of the Office.
That the Commissioners regard the cor
poration counsel as one of the most i'm
portant officials of the local government
is indicated in the recital given of the
relation between that official and them
selves. This part Of the report is as fol-
lows:
The Commissioners Of the District of
Columbia. under existing law, are the ad-
mtnistrative agents of the municipality
known as the District of Columbia, re-
sponsible to the Congress of the United
States. and heavily bonded to answer
for the performance of the duties of
their Office. In that administration one or
the principal officers. If not the principal
officer, on whose judgment they must
necessarily rely as to matters of law
which should control their actions, Is the
corporation counsel, and that officer is
liable to them for any errors made which
may occasion any mistakes in their ad-
ministration in reference to legal affairs
and the Incidents connected Herewith.
Hence there Is referred to this officer
a vast variety Of papers calling for opin-
ions on the legal aspects Of the multitude
Of questions upon which the Commission
ers are called to act.
Acts as Legal Adviser.
Frequently recommendations of the
heads Of departments Of the District gov
ernment involving legal consideration are
submitted to him for his opinion as to
their legality. In each particular in
stance in the review of the ministerial
acts Of the Commissioners called in ques-
ton before the courts Of law, the duty,
first. Of advising the Commissioners in
respect 10 Wnat dctlOn Iney SnOul0 take,
and, second, in defending the action on
his advice, is devolved on the corpora
ton counsel. He is their officer before
the courts in all matters involving the
affairs of the Commissioners and the
heads of the various District departments.
He is more or less also called upon to
advise as to administrative matters. In
all affairs in which the District as a
municipality is brought before the courts
and in many of the relations between the
49, "a,
at large the corporation counsel acts as
the representative Of the Commissioners
and of the municipality known as the
District of Columbia"
Opinions Not Influenced.
Continuing, the Commissioners say that
it must be assumed that the corporation
counsel will do his duty and that the
Commissioners will perform their duties;
hence, 1t cannot be assumed that the
Commissioners, by the appointment of a
corporation counsel, will seek to influence
him SO as to compel him to take action
which is contrary to law or to the proper
administration of municipal affairs.
II the contrary should be assumed"
states the report, then neither the Com
missioners nor the corporation counsel
properly represent the public and neither
should be continued in Office"
The Commissioners declare that, SO far
as known the Johnson bill is distinctly
opposed to the laws creating municipal
corporations in every place in the United
States, and that they believe its enact
ment would not be otherwise than detri-
mental to the interests of the District and
its citizens.
DEADLOCK YET UNBROKEN.