The Washington times., 1917-10-03
GARDINER IS
UND|STURBED
BY QUESTION
Of HIS TERM
By BILL PRICE.

W. Gwynn Gardiner, the newly
named Commissioner for the District,
whose nomination is now pending be-
fore the Senate, does not take serious
ly suggestions that he may not be a
legal Commissioner because his nomi-
nation is for the unexpired term OF
oliver P. Newman instead OF for three
years.
Nothing to it," is the brief way Mr..
Gardiner put it today. as he hustled
along to the Court Of Appeals to try
to get his legal work out OF the way
preparatory to assuming his new Off
cial duties.
Nothing to it." vas likewise the
comment of a White House official,
who prepared the nomination, at the
instruction OF the President himself,
for the unexpired term.
The President has the power to
nominate for either the unexpired
term or a full term"
The President, 1t seems, gave no
especial thought to the matter, most
ell vacancies being nIled BY him for
unexpired terms.
Forsee Complications.
Yet there were a few lawyers today
inclined to the view that legal COM
pIications might follow because Mr..
Gardiner was not nominated for a
full three-year term. They thought 1t
might be best for the President to
withdraw the nomination and send II
to the Senate for the full term of
three years to prevent a possible test
case in the courts involving the le-
Gality of action taken by the Board
Of Commissioners when Mr.. Gardiner
becomes a member.
The White House has no intention
of doing this unless advised by the
Senate Committee on the District OF
Columbia.
According to DR.. Tindall, the Dis
trict building expert who has actual
black and white data on everything
local since TEnfant first laid out
Washington, Thomas P. Morgan, who
was named as District Commissioner
| by President Hayes November 20,
1879, wanted a full three-year term
instead of the unexpired term Of Seth
L. Phelps, who was to go out of Of
| flee, and induced President Hayes to
procure an opinion from Attorney
General Devens that this was legal
You know" said DR.. Tindall, Mr..
Morgan was a prominent member OF
the church Mr.. Hayes attended in
Washington, and he always opened
the door OF the pew occupied by MI.
Hayes. He didn't like the idea OF
a short term and arranged the mat
ter for three years"
Presidency by Election.
The nomination OF Mr.. Gardiner,
il was authoritatively learned today,
does not carry with it any suggestion
as to the presidency of the Board of
Commissioners, and that office will
fall TO the man who gets the votes.
1T will be up to General Knight,
the engineer commissioner" said a
knowing old newspaper reporter at
the District Building today. III he
gets up in the first board meeting
and nominates Mr.. BTownlow that
will settle it."
rhe President, it is said. does not
give a rap" who becomes head Of the
board. and General Knight will decide
who will be Washington's mayor.
The question as to which Commits
sioner will take supervision over diff
ferent branches of the municipal gov
eminent will be settled by the three
Commissioners themselves. their par
ticulBr preferences being consulted
before adjustment.
Mr. Gardiner has notified Commits
sioner Brownlow that he will not have
time to assist in preparation Of the
annual estimates to Congress, and
these will be completed on schedule.
October 10, by Commissioners Brown
low and knight.
As To Mr. Belt.
The nomination of Mr.. Gardiner
disarrsnged the plans of some Of the
local politicians. and OF Vance Nc
Cormick himself that Alvin @. Belt
should succeed Ben Prince as Collec-
tor OF Taxes should Mr.. Prince be
named Commissioner.
Nj Mccormick. who is chairman OF
the Democratic national committee,
and was a strong factor in the last
election OF President Wilson. saw
President Wilson late this afternoon,
remaining with him some time.
1t is not known whether he spoke
to the President about the case of
Mr. Eelt. He has written two letters
10 the President asking that Mr.. Belt
be provided with a good position in
the district government because OF
valuable work for the party and
general fitness for governmental
service.
Several good positions at the District
building are TO be flled. one II them
being assistant assessor, and II Is
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