Evening star., 1917-10-03
Mr.. GARDINER SOON
T0STATE POLICIES
Confers With Citizens on Mat
ters of Importance to
the District.
TERM OF OFFICE INTERESTS

| Though w. Gwynn Gardiner, whose
name is before the Senate District COM
mittee for confirmation as Commission
! er of the District of Columbia, is en-
! gag ID in a number of important legal
| cases before District courts, he has had
! time to confer with many Washington
citizens regarding District affairs.
Mr.. Gardiner is working on state
ment of policy, to be made public as
soon as he takes the oath of Office,
which will deal with three important
issues now before the District and with
various other matters. He declined to
! indicate what these issues are.
Mr.. Gardiner has been advised by
jurists that there will be no impropri-
ETY. in his concluding several important
cases now pending in the Supreme
Court of the United States. which do
not relate to District matters. One of
these, which he may argue personally
in January, is a case bearing upon his
long-sustained contention that frater-
nal companies operating as insurance
companies should be amenable to laws
regulating out-and-out insurance cor
porations.
Called on Senator Smith.
Mr.. Gardiner has called upon Sena-
tor Smith, chairman of the. Senate Dis
trict committee.
Considerable interest has been aroused
by the news contained in The Star yes
terday that Mr.. Gardeners appointment,
contrary to general precedent, and con-
trary to the action of the President in
naming Commissioner Louis Brownlow
for three years upon the resignation of
Frederick L. Siddons. was for the un-
~ nnvy Of Mo-
Newman's tenure. The opinion rem
dered by Attorney General Devens that
such appointments should be for three
years was dissented from by Attorney
question was submitted to him by the
President. Attorney General Brew
ster advised that the appointment
should be made mot for the full term
term of such incumbent, If any re-
MAINS"
Referred to Decision.
The then Attorney General referred
to a decision rendered by his predeces-
sor. Attorney General Devens, in 1880.
He declares he had read the former de-
cision with care. but was reluctantly
forced to express a dissent from it.
Attorney General Brewster held that
the official term of each of the Com
missioners of the District of Columbia,
appointed from civil life excepting the
first two appointments), is three years;
and in case of the death. resignation
or removal of. the incumbent during
such term, his successor should be ap-
pointed. not for the full term of three
years, but for the unexpired term of
such incumbent, If any remains"
The existence of this opinion, rem
dered subsequent to the ruling of At
torney General Deyens. was called to
the attention Of q Star reporter today
by A. Leftwich Sinclair. president of
the Chamber of Commerce and former
special assistant corporation counsel
for the District of Columbia. Mr.. Sim
clair said he had occasion to look the
matter up some years ago.
Had Considered Matter.
Before setting forth .his conclusion
that only the unexpired term should be
filled, Attorney General Brewster de-
clares that he had considered the mat
ter as if unaffected by precedent, but
that he knew of the ruling by his
predecessor. whose opinion he highly
respected.
Attorney General Devens," says the
opinion of his successor, docs not sat
isfy me, however, and with great re-
luctance 1 must express my dissent.
The first impression expressed by him
upon this subject was, as appears by
the opinion itself, in an off-hand oral
statement, which. being acted upon, he
subsequently enlarged into the opinion
which is published, maintaining his
first impression. and standing by 1t
upon. 81 have read it with great care
and reread it. and I again say do not
concur in it," he said.
Conflict With Interpretation.
.I think the policy of the law and the