Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-15
The Commissioners and Law.

When the President Of the United States
conternpiates an executive action as to
which there may be some question of COM
pIlance with the statutes. he refers the
matter to the Attorney General, who is
designated for such purpose OF advice
and guidance What the Attorney Gen.
craI Is to the President the corporation
counsel is to the District Commissioners.
When they are confronted with a doubt
ful point OF law il is supposed that they
ask his advice. When they need direction
through the mazes OF legal requirements
and limitations they turn to him for such
sdmonition or justification as he may give
regarding their course OF procedure.
The Commissioners should now ask the
corporation counsel of the District as to
the eligibility Of the assistant assessor
whose appointment has been questioned
as in contravention of the statute Great
ing the office. 1t matters not that they
should have asked this question before he
was appointed when they became aware
OF the fact that he was voter In
Pennsylvania. What is OF importance is
the present situation, as bearing not
merely upon the possible invalidation of
the taxation now in progress but as af-
fecting the whole structure of law in the
District Of Columbia.
The Commissioners are the highest OIL
cials iii this municipality. charged with
the duty of enforcing the law and sup
posedly setting an example in law OBJ
servancc to al tn. members of the com
munity. They should be themselves most
scrupulously care III TO avoid even the ap-
pearance Of evading not merely the letter
but the spirit OF the statutes. and on this
account il is incumbent upon them in this
juncture TO demonstrate their desire to
keep absolutely within the laws require
inents in the matter of qualifications for
% important an Office as member OF the
board Of tax assessors
II has been asserted at the District
building that all acts Of Mr.. Oyster as as
distant assessor are legal as long as he
remains a de facto official. The Star has
Dointed out most definitely the 1allacy Of
:; is contention. citing the Supreme Court
the United States as authority. in its
decisions. for the principle that a tax
assessment participated in by an ineligible
official Is absolutely void. But beside this
question, touching merely the financial
welfare of the community, rises one of
superior significance, that of the prestige
Of the law as enforced and observed by
the heads OF the District government. A
de facto officer is one against whom q
question of eligibility has been raised,
possibly. even presumptively illegal
occupant OF the office. at least one as to
whose eligibility doubt has been raised
Are the District Commissioners satisfied
10 proceed on the de facto official basis?
Does ii comport with their ideas OF the
maintenance Of good government III the
District 10 leave for discrimination by the
courts, possibly al the instigation OF i
taxpayer. this sravely important question
~ eligibility:
The average deliberate law breaker pro-
ceeds upon the assumption that he may
evade detection or. if detected. punish
!nent. The courts themselves refuse 10 ac-
ccpt the plea Of ignorance Of the law as a
defense. Even the most ignorant citizen is
supposed 10 know the law and is held ac-
countablc for his violations OF il. Should
not the Commissioners set the highest cX-
all they do ana take every possible pre-
caution against its violation? 1t is not
too late for them 10 refer this question of
tho eligibility OF the assistant assessor to
their chief legal adviser for a formal
opinion