Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-03
No Power of Impeachment.

NO rover OF impeachment.
In it's decision. by the largest vote
cast upon any of the questions in.
volved In the Fenning case before II,
that a District Commissioner IL not
a Federal officer, the House Judiciary
committee follows the law and the
decisions previously rendered and the
hope is that il has thereby settled
for all time this question, which has
lately been presented in a most diff
fcult form.
This decision is to be hailed as
righteous without any regard what
ever for the merits of the case imme-
diately before the committee. IRE
spective of the fate of the official
accused 1t would have been most
unfortunate if the judiciary commit
tee had taken the view that Com
missioner of the District Is Fed
eral officer. subject to Impeachment
and trial by Congress. Such a rul-
ing by the committee would not
necessarily have settled the ques-
ton, but it would have raised a
grave doubt and perhaps led to diff
culties for the District in the future.
A District Commissioner Is a
municipala officer. appointed by the
President Of the United States and
confirmed by the Senate, as are all
other presidential appointees. He Is
one of the adminiStra tors of a munich
pal district created by Congress
under the exclusive legislation"
clause of the Constitution within
which the seat of Government Is To-
Gated. He is answerable to the Pres
ident and not to Congress. though
he must deal with Congress in mat
tiers Of legislation as the Districts
iaw-making body. and as its source
of appropriations.
To hold that a District Commits
sioner is a Federal officer and there
fore subject to impeachment would
be to place the District municipal
government under complete con-
gressional control. For every action,
in any degree displeasing to ind
vfdual members of House or Sem
ate, a Commissioner would be liable
to formal accusation and indictment.
The administra ton of the affairs Of
the National Capital. as munich
pality, would be transferred in effect
individual members of the two
houses. For the power of punish
ment would involve the power of
dictation, under penalty of removal
from office.
Fortunately the House judiciary
committee has recognized that the
substantive law creating the District
as a municipality does not grant to
the National Legislature the power
of control over the administrative
officials of that municipality. The
responsibility for the personnel Of
the commission named TO conduct
the affairs of the Capital community
rests with the President. who ap-
points.
Denial of the impea chment power
Of Congress over District Commits
siuners does not, of course. limit the
power of Congress to investigate all
the actions of the Commissioners, to
the point even of condemnation. 1t
may, through it's committees Or by
its own vote. recommend removal
from office by the President. 1t is
the Districts legislature, with all the
legislative powers over the District
government save THAI of impeach-
ment and trial and removal But
the Commissioners. under the pres
ent organic laws, must remain sub
ject to presidential selection and dis
missal in the event of malfeasance
or misconduct or failure.