Evening star., 1920-01-29
The Eligibility Issue.

DR.. John Van Schaick, jr., for the of.
fec of District Commissioner has been
expressed before the Senate District
committee in varying terms and on
diverse grounds. Advocates of his
confirmation have presented his case
vigorously with full appreciation of
his qualifications as q man and as a
prospective executive official The
committee is now considering the mat
ter preliminary TO a report to the SEN
ate concerning it,
The latest objection raising a scri-
Gus issue in the controversy over the
confirmation of Dr. Van Schaick bears
upon his status as an actual resident
of the District, and questions his eli
gibility under the law TO be appoint
cd Commissioner.
The organic act of 1873. whose ben
ehcent provisions Washington jeal-
ousy defends, provides, as our sole re-
manning fragment of suggestion of
municipal home rule. that the civil
ian Commissioners "shall have been
actual residents of the District of Co.
lumbia for three years next before
their appointment and have during
that period claimed residence no.
where else
1t develops that DR.. Van Sehaiek has
been for long time and, so far as
the records show. still is registered as
voter in New York state. He de-
clares that in intent evidenced by YER
bal statements made in Washington
and by refusal to vote in 1919
he has cancelled his New York citi-
zenship in order to become an actual
resident of the District exclusively.
There is no record of formal act of
cancellation. Whether his intention,
thus expressed, sewers him from New
York citizenship and transfers him
to actual residence in Washington,
and whether this actual transfer took
place more than three years ago are
questions which the District commit
tee and the Senate will decide.
The eligibility issue differs from all
others that have been raised in that
it is legal question to be decided
by the Senate as court, entirely
irrespective of the individual opin-
ions of senators concerning DR.. Van
Schaick personally and of their de-
eisions concerning his fitness or un-
fitness to make good Commissioner.
And the judicial responsibility of the
Senate is heavier in this instance be-
cause, in effect, its decision is final,
and may not, if perfunctorily rem
dered, be reviewed and corrected in
any court.
The practical effect of the Supreme
Courts decision in the Newman case
is that appointments to office by the
President in the District, when they
have been confirmed by the Senate,
may not be questioned or reviewed by
the courts on the ground of ineligi-
bility under the law.
If citizen having, as the court says,
only a public interest in the office
challenges an incumbent's title to Of
fee he must secure action by the At
torney General or the district attor-
ney. 1t is an obvious proposition that,
the President having appointed and
secured the confirmation of munich
pal official for the District, the Presi-
dents chief law officer will not act at
the behest of citizens in challenge of
his chiefs right to appoint.
Without the Intervention by the
Attorney General, citizen to chal-
lcnge the eligibility under the law of
. Commissioner must be, the Supreme
Court says, "intercsted" in the Office
that is, he must have a direct. per
sonal. pecuniary interest in it. Micro
seopic examination develops that no
such person can exist.
The residential qualification may
thus. in effect, be repealed by execu-
tive action and judicial prohibition
OF intervention by citizens This de-
cision throws upon the executive in
making these appointments to local
Office and the Senate in giving consent
to such appointments an additional
obligation TO respect scrupulously the
requirements of the law respecting
residential eligibility
Since the Senate is i'll this ease the
jury. the judge and the final court of
appeals, all in one, its judicial de.
termination of the question whether
the requirement OF the law as to local
residence has been fully complied
with both in letter and in spirit
should receive the same careful
thoughtful, painstaking consideration
that the Supreme Court gives to its
decisions. For in this ease the Sen
ate, under the decision in the Newman
case, is substituting with full .juris
diction and power for the Supreme
Court of the United States.
On American principles of repre-
sentative government all municipa
officials are, of course. exclusively
from the local community The or