Evening star., 1926-11-30
To the Editor of The Star:

Upon perusing Mr.. Kennedy's re-
view of the pending bill to enlarge the
powers of the Commissioners of the
District of Columbia. which appeared
in a recent issue of your paper, feel
constrained to give expression TO opln~
ions entertained respecting certain
provisions of the proposed legislation.
The proposed bill drafted under the
direction of the Commissioners, to
which, as a then member of the C1tl-
zens' Advisory Council, l gave much
study resulting in a voluminous report
submitted to the council, contained
many meritorious provisions which
met the approval of the advisory body.
Several provisions were, however, ad-
Versely reported upon, notably those
pertaining to the power to appoint
Judges and members of the Board of
Education; the power to regulate
trades, professions and vocatiOns, and
the power to appoint District civil
employees as special policemen for the
enforcement of municipal regulations
in general.
As respects the power to appoint
Judges of inferior courts, the report to
the council to which reference has
been made pointed out that this
SScllOu very bOth WV
cized and adversely acted upon. 1t
seems to be almost universally agreed
that it would be unwise to lodge in
the Commissioners the power to ap-
point Judges of the Police, Municipal
and Juvenile Courts" for the reasons,
among others, that the Commissioners
or the municipality which they repre-
sent are frequently parties complain
ant or litigant before said courts; that
the jurisdiction of the Police Court
extends to offenses against the United
States as we'll as offenses against the
District of Columbia; that the dignity
and standing of the courts would be
lessened, and that divorcing the Presi-
dent of the United States from the
power of appointment would tend to
lessen the interest in. and sense of
responsibility toward, the District by
the President. which is often a valu-
able asset to the people. 1t might be
added that the safeguard of confirma-
| tion by the Senate would also be lost
| to the people.
| 1t is, however, the provisions of
| the proposed bill relative to the reg
ulation of trades, professions and vo-
cations, and the appointment of civil
employees as special policemen for the
| enforcement of municipal regulations
| in general, that / desire especially
| to notice.
The power sought by the provision
relative to the regulation of trades,
| professions and vocations is too
great to be lodged in three men, who
are in no wise responsible to the
people The right to labor is in
herent in man, and while that right
| Is subordinate to the welfare of or
ganized society, the process of cur
| failing that right should not be
| lodged in so small a body as the
Board of Commissioners of the Dis.
trict 1t is believed that this power
| should remain where it now is, in
| Congress. There unfortunately is a
growing tendency toward the crea-
tion of special classes. with resultant
monopoly in the right to labor along
special lines. 1t will probably be con-
ceded that the regulation of trades.
| professions and vocations by public
law is justified only by the necessity
Of protecting the public in general
and that such regulation for the pur-
| pose of creating monopolieS or exalt-
| ing social standards is contrary to
public policy and pregnant with
mischief. 1t will also be conceded, ]
think. that curtailment of liberty of
action by the people is, in our coun-
| try at least, matter of grave con
Germ, and should only he undertaken
after most deliberate and careful CON
sideration. This is particularly true
in the matter of vocation. When
you limit a mans right to labor along
lines for which he considers himself
best qualified and in which he pos
| ct nd ,JD
an injury both to the individual and
to organized society In my judg.
ment, as before stated, the State has
no right to interfere unless that in
! reference is made necessary for the
protection of the general public.
| X X X
We have laws passed by Con-
gress) regulating the practice of med
icine and surgery and of dentistry
and it is conceded that these profes-
sions so intimately concern mankind
and are so essential to the preserva-
ton of public health that they prop
erly come within the supervisory
obligation of the state. The same
may be said of plumbers and gas
! filters. But it is submitted that there
are many trades, professions and vo-
| cations which do not come within
the class directly affecting the public
health, morals, safety or welfare of
the public or. if they do, that the de-
termination of their status should
rest with the legislative and not the
executive department of the Govern.
ment.
Applying the law of supply and de-
nand, il is not unnatural that groups
of those established in a particular
trade, profession or vocation should
| ha nd of the reader either cnnfirma-