Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-26
The Oyster Case Decision.

The Commissioners statement that they
have themselves considered the question
~ Assistant Assessor oysters eligibility
in the matter of bona tide residence IL
the District raises issue of importance
outside of that attaching 10 the eligibility
Of the official and the possible inyaiidity
of the assessment in which he is partici-
patinG. Where Is the record OF this con
sheraton and the decision reached j?
the Commissioners? Is there such q rec
ord. with a written analysis OF the law
and the decisions OF court rcspectin@
bona fide residence?
In all cases in which an action is con-
templated which involves a possible con-
flict with the law il Il customary for the
responsible officials IL prepare themselves
or 10 have prepared for them /. docu-
mcntary opinion giving the reasoning ~
which the conclusion is reached that the
action is IL accordaac" with the statutes.
Such 4 record stands as the formal Of
1icial Justification 81 the action taken. In
the pres eIt case M such record is ',no-Vr
to exist. IT certainly has never been pub
hsned Tor the reinsurance of the coIr.nu-
nifty ~ the points which. it Is now uni
versally known. have been raised respect
ins tEc eligibility Of the official III quec-
ton.
IL is not sufficient for the Commission
ers merely 10 declare that they have con-
sidered this matter OF Mr. oysters eli
cihility and have reached a eonclus on
iustifying his appointment The public.
Leenly concerned in the matter. not mer e.
" on account of the alleged violation of
the Statute respecting residence bu; on
-he score Of possible invalidation % the
aSst ssa'ent. is entitled to Some show of
Justifyins analysis OF the Law and deci-
sions bearing upon this case
Had the question At point been referred
at the outset TO the corpora tion counsel
the Commissioners would now have on
file formal statement Of authoritative
opinion. not merely for their official guild
ance. but. if it had proved to he favor
able TO their contention. for their present
justification in the course they have
taken. As il is they can point to moth
Ing OF record in their own behalf to war
rant an appointment that on its face
appears IL be contrary to the law
This star-chamber mode of deciding
legal questions vitality affecting the pub
lie welfare is highly unsatisfactory
Without = tangible token of reasoning
and analysis regarding the application OF
the statutes and decisions TO the Oyster
case the public is asked TO accept the
dictum of the Commissioners that the
apDointee is eligible. in the face of the
formal declaration tina: he does not com
ply as to residence with the specific terms
OF the statute creating the office to which
he is appointed. The Commissioners
should not be content with the mere ex-
ercise OF the power of appointment i'll a
case of this kind. They should be Jealous
of their responsibilities and careful to
establish themselves not merely behind
their own autocrat!c power. but behind
a bulwark OF corroDorative and confirma-
tory legal opinion.
Even at this day. weeks after the APP
pointment. the question originally raised
as TO its legality remains unanswered by
the appointing power. And yet it is not
too late to refer it to the corporation
counsel in order that the Commissioners
may have the benefit of his formal writ
ten opinion in Justification OF their course
" Ii is favorable. or as guidance to a
corrective action If il is unfavorab,e.
Is Edward W. Oyster qualified under
the statute creating that Office to serve
as member Of the board OF permanent
assessors OF the District e. Columbia?