Evening star., 1926-06-14

N, u. e., MONDA L.
gress has made it, and permits 1t tc
| remain, a mere municipal corporation
which such functions as pertain to
municipal corporations proper.
If the rule announced in the Barnes
case is not satisfactory to Congress, II
| can be abrogated by statute
Attorneys General Quoted
The brief then quotes a number
of decisions by attorneys general to
show that officers of the District OF
Columbia are not officers Of the
United States. One by Attorney Gen
eral Griggs, rendered to the President
in 1898. cites previous decisions by
the United States Supreme Court and
declares. according to the brief:
These citations and decisions make
it very clear that the officers, and
employees of the District of Columbia
are not officers and employees Of the
general Government of the United
States, but of the municipal corpora
ton known as the District OF Column
bia. They receive their compensation
from the moneys of the District. nall
of which are contributed through ap
-
taxation upon the property OF the in
habitants of the District. They are
as distinct from the civil service Of
the United States as would be the Off
GERS of any city government In one ol
the States Of the Union from the civi
service of the State itself.
II therefore advise you that the
provisions of the civil service act can
not lawfully be applied to the officers
and employees Of the District or 20
lumbia.''
The brief then brings in the argu
ment that the Court of Claims ha'
ruled recently in case 1nVolVlhs
Daniel Donovan, present audltor o
the District Mr.. Donovan, the prle
declares, performed certain work a:
a referee in cases arising out or al
act of Congress, and presented nj
bill. The controller refused to war
rant payment of his bill on th'
ground that a statute fOrbids any on
holding an Office the salary OF Whlcf
amounted to $2.500 from recelvlnt
compensation for discharging th'
duties of any other Office. lie sue(
in the Court of Claims. and the brle
recites part of Judge Davis opinion
as follows:
Two Questions Presented.
'"rwo questions are in effect pre-
sented: First, is the claimant al
officer of the United States within
the meaning Of the statutes in Ques
tion? Second, II so, do these statutes
prohibit him from receiving this pay
ment as referee?
prior to 1871 the District of Co
lumbit was governed by officers eject
ed nv the people No offcel
of the District at that time coult
he held to be an officer of the Unltet
States.
Then came the act of lS'l. ny
which a government similar IN 1orH
to that of territory was instituted
for the whole District. with GOV
ernor and a hoard OF pubic
works Yet as to this hoard th'
Supreme Court decided BARNES V
the District of Columbia. 81 U. >
54W that it's members. although ap
nointed bv the President after con
frmation BY the Senate, and palC
from the Federal Treasury. were OF
fcers Of the municipal corpora nor
Of the District of Columbia. In 1870
the present government was created
bv law which expressly PROVIDES
that the District of Columbia shai
remain and continue municipal
cornora alton and the Commls
sioners herein provided for shall bt
deemed and taken as officers OF sucr
corporation.
can. then, clerk holdlns MS po
sition under such municipal officers
annointed hv them, and subject 10
removal by them at their pleasure
he regarded as other than suoordl
nate municipal officer? To hold other
uise would involve the CONCLUSION
that Congress could and would give
TO a municipal officer power TO ap
point an officer of the United states
power which is limited by the Con
stitution to the President. the courts
of law or the heads Of departments
Dopoyan's Claim Upheld.
Judgment was entered for the
claimant Donovan against tht
United States in fhe sum claimed 10y
him.
FINALLY the brief asserts that the
District committees of Congress only
a few days ago recognized the l'ls
trict's status as separate from 1ha'
Of the Federal Government by re
portinc out two bills to allow the grant
ing Of leave to eX-SerVlce man ana
woman employees of the District 70
attend the Paris convention OF tne
American Legion IN l3-'. HtSV ri''N
we're reported out within the last two
weeks. the brief reminds the commit
tee, because a bill already passed re
fers only to executive departments
and Independent establishments OF
the Government :,
The brief then answers in detail
arguments of the proponent concern
ing his assertion that officers or the
District are officers of the Federal
Government.
The charge that Commissioned Fen
ming was guilty of criminal and ira ud
ulent action. together with embezzie
ment. because he retained commls
sions received by him from bonding
| compa nies, is next taken up IN the
brief. The brief recites the history
of MIR. Jennings guardianship busi
ness his care to inform the court
and to receive authorization OF the
court concerning his actions. and re
cites the opinion delivered IN the
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