Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-11
The Oyster Appointment.

,. nc OyStCI appointment.
lar too serious is the real issue raised
~ the appointnent OF L. ". oyster, a
s-oter Of Pennsylvania. as assistant as
sessor OF the District OF Columbia, in
tine face of the plain provision OF the
tatutc that such office shall he filled
/ .,y one who has been for at least five
ears a bona tide resident OF the Dis
sricr." for The Star 10 contribute to
c.ouding OF the question by engaging in
i controversy with another newspaper
-egarding IT'S own motives in raising the
: point and demanding judicial determi-
Z nation without delay The Star is not
disturbed in the least by the assertion
sadvanced yesterday by the Times that
i Is merely L mock friend of the peo-
pie. OF Washington. and especially the
civil service employees who are at the
same time voters in the states 1t Is
confident that it's long record of under
,aidngs and achievements In their behalf,
einspired by n genuine wish for their
welfare. whether it gets their pennies
or not IS sufficiently appreciated by them
without entering rejoinder TO the base
less, spccious allegations of its cotempo-
rsfy.
The sole question in this case Is
whether the law respecting the appoint
Tllent of assistant assessors of the Dis
Jrtct has been obeyed. 1t is not whether
Il man who votes in Pennsylvania or
elsewhere is a better citizen than one
who, because he has always lived here
or has moved here to engage i'll other
than federal government business, has
no vote In any place. It Is not Il ques-
rion of whether there should or should
not be voting here. There is no voting
here. and those who have no state resi-
dences and are employed here by the
federal government consequently can
not vote at all. That is a misfortune.
The law specifically says that to be an
assessor a man must have been for
ave years prior to his appointment a
bona fide resident of the District"
Does this mean merely Il physical
.lweiler here, while retaining q legal
residence elsewhere by virtue Of en-
ploynent in the federal service, or a
legal residence, claiming residence no.
where else?
That question is raised, not by The
star, but by the very circumstances Of
the Oyster appointment. 1t Is new
question with respect to the office of
assessor. There Is more here, more
over. than matter of home-rule prin-
ciple. Such an appointment might be
made, and be decidedly obnoxious to
the people Of Washington who are not
voters elsewhere, and who feel that to
rhe extent Of participation in the mu-
aicipal administration they and not the
.government-employ voters in the
states should be preferred. And yet il
might not be OF moment as respects
the law. There might be no way to
overcome the executive or admtnistra-
tive action in such a case as. for in
stance, the appointment of q New Jer-
Aey man to be clerk Of the excise board
upon high political instigation. When
made. the appointment might stand,
despite all the outcries OF the offended
community.
But the ap pointment OF Mr.. Oyster, re-
CARELESS of his personal merits or his
qualifications for the proper discharge of
his duties. stands upon quite Il different
plane II ii is legal there is no surer way
TO determine the fact than by u prompt
submission of the case to court for an in
depreciation of the phrase bona tide resi-
dent" as used in the statute. II IT Is not
legal as determined by such q submission
rcntion be not diverted from this point by
the octopian linking of the waters by the
'rimes-the District of Columbia is most
seriously and vitality affected. Mr.. oyster
Is now participating in the tTiennial as
sessment Of property in the District for
taxation purposes. If later his appoint
,nent is declared by the court to be in
aid through lack of bona fide local resi-
.ience. the entire assessment in which he
has taken part IS void For this assertion
The Star has the highest possible author
it,. No less an authority. in fact. than
the Supreme Court of the United States.
Apart from the moral question of set
Ing aside the accepted understanding of
:, statute IN the selection of local Off
.:iais, apart from all considerations Of
personal qualification, apart from the
snoot issue. raised by the Times, OF The
stars friendliness for the civil service
employees il the District for whom IT
has fought many stout fight aud with
good results, the Commissioners are rcf-
crented today by the serious consideration
of the validity of the entire tax assess
,nent now In process. The Star uttered
rs warning on this score immediately
upon the announcement of Mr.. Oyster S
selection. This warning was ignored. on
the assumption that d. faeto assessor
Was sufficiently qualified to validate all
lis actions, whatever might later be the
l..iing Of the courts. VIII the Com
sniasioners persist IN this course, III the
face OF the decisions Of the Supreme
Court OF the United States, and risk the
ctitire assessment upon the issue OF Mr..
oysters eligibility. subject to so graz. a
doubt: