Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-15
INSISTS Upon RESPECT
FOR SPIRIT OF THE LAW
Martin Wiegand Discusses the
Eligibility Clause Governing
District Appointments.

To the Editor Of TIE Star:

To the Editor Of The Star:
Permit me as an humble citizen, tax
payer and considerable employer Of
labor In the District of Columbia to
express 70 my feiiow-citizens through
your valuable paper my views relative
to the question Of local government now
uppermost In the minds Of our citizens.
Sometimes through careiessness on the
part OF my employees or myself am
hailed into our courts of law to answer
to a charge of violation Of some statute
or police regulation.
II / realize that there has been any
violation for which I am responsible l
readily submit to any penalty imposed.
but If, in my opinion, l am unjustly
accused / ask that. the court hear the
case. and If after a fair hearing l am
found responsible pay the fine, take
note for myself. correct the empioye or
discharge him IL he has been grossly
Indifferent to civic law and my best In
tereSt.
Makes No Complaint.
/ have never yet complained Of the in
justice Of the law or the judgment of
court.
/ know that a community governed
by law is the only tolerable condition
for man to live under and enjoy the
fruits of his labor, even though the
laws may not be as equitable as they
should and eventually will be. Are not
administer the3 law citizens, and should
they not obey the law? If not, why
not?
There is law for the purpose of guild
ing the President of the United states
in appointing citizens to administer the
ai of fhp
stricting him to the appointment OF
bona fide citizens OF the District, VINO
have been such for at least three years
prior to their appointment. What con
stitutes bona fide citizen? Clearly
| it is one who can be drafted into serv-
| ice for the protection of the community
on juries or in. any other manner that
his services may be required. It is clear
| that our lawmakers when taking away
our franchise conceded this much home
rule. that we should be governed by
citizens having no other allegiance tnaI
| the District Of Columbia.
Newman and Jury Service.
| Could MIR. Newman have been drafted
| for jury service or any other service
| for the District, or would his service
| have been accepted in any fmportan,
case before the courts here? I think
not, nor do any other citizens with whom
| l have conversed on this subject. JUS
! tice demands that this question be care.
! fully considered and Judgment rendered
| by our courts of law, whose good citi
| Gems are ever ready to place their diff.
| ferences OF opinion. If Mr.. Newman
is such citizen. he. too. would be glad
of those over whom he is called to rule
| and he would not invoke the tnstdious
power of the federal government tc
to appoint as Commissioner for the
District the late j. ]. Hemphill.
Mr.. Hemphill had been for many years
resident. taxpayer and business man
!, IN the District, but as one OF our honored
| lawmakers and a lawyer we'll yersed In
| the affairs of the District he Informed
the President that in his opinion he was
not eligible for the position owing to the
clause in the law which requires q man
10 be bona fide citizen. not only at the
| time OF appointment. but. for at least
three years prior to the date of appoint
ment; that having retained his voting
i privilege In his home state he would not
| properly be able to qualify. Mr.. Hemp
hill was 30 familiar a figure in the affairs
Of this District that 1t is most likely II
would not have occurred to the minds OF
| the residents here to question his eligi-
bility and all would have been pleased to
have had his services as Commissioner
Beginning of an Avalanche.
! Ii may seem small affair to some OF
our citizens who are not accustomed to
think ahead. A SNOWFALL starting to roll
from the top of a mountain is also q
small thing. but il not stopped 1t gather.
size and force as 1t proceeds until l,
sweeps all before II to destruction. The
appointment of Mr. Newman has all the
| appearance of the starting OF an ava
lanche- We have now Mr.. Newman. Mr.
Smith. Mr.. Baker. Mr.. Oyster. Mr.. Hart
ETC., and where will 1t stop? It will no,
and cannot stop Of Its own accord any
| more than can the snowball until op-
posed by greater force.
| The only superior force that can STOP
this avalanche, which threatens the pri-
i vileges and rights of the citizens of the
| District Is the opposition of a strong and
determined public opinion. A good citi-
zen is ready to sacrifice his time and ma.
i teriai means to uphold his just rights.
i Disregard Of the spirit OF the law by
| the rulers and courts Of law Il and evel