Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-20
PRESIDENTS POWERS MAY OPEN
WAY TO KEEP 1T. COL. BELL HERE
Commander-in-Chief May Give Him
Nominal Duty With Troops to Keep
Him as Commissioner.

Despite the failure of Congress to
pass legislation permitting Lieut.. Col
j. FRANKLIN Bell to remain as En-
glneer Commissioner Of the District
AFTER the expiration of his detail on
June 20, the discretionary powers
vested In the President as Commander
in-Chief OF the Army give rise to
nope on the part of Col. BELLS many
friends that some way may he found
whereby he can he exempted from
service with troops for another
Iour-year period.
Hope practically has been aba ndon-
ed fof any relief from Congress be-
fofe the session closes March 4, in view
of the action Of tho Senate military
aHairs committee in tabling the bill
EVEN IT the House should pass the de
sired legislation In behalf of Col. Bell
II was the opinion of those familiar
WIN Senate procedure that there
would be little, IL any. possibility of
having 1t acted on In opposition To
the military affairs committee and the
taliure of Secretary Of War Davis to
recommend such action.
Presidents Powers In Doubt.
Whether President Coolidge could
legally detail Col. Bell to duty in this
vicinity with Regular troops. the Dis
tfiet National Guard or the Orga nized
Reserves, so that he could continue
az Engineer Commissioner, IL ques-
TONED in some quarters. In the
opinion of Secretary Davis ut could
not he done without special legislation
to that effect
On the other hand. it has been
pointed out that the President exer-
eises almost unlimited authority over
the Army under the general laws and,
II ne desired, could go over the head
OF Congress In exempting Col. Bell
from the provision of the national
defense act of 1920, which requires
all officers below the grade Of brigadier
general to serve at least one year
out of five with troops. 1t was re
called that Col. G. O. Sheriff. was
retained here as officer in charge of
public buildings and grounds long
beyond the fouryear detail
Several Army officers with whom
the situation was discussed expressed
the opinion that should the President
take matters in his own hands and
assume personal responsibility for
retaining Col BELL as Engineer Com
missioner. such action might be inter
preted as evasion of the law.
Recognizes Need for Elasticity.
Secretary Davis stands pat on his
recent letter to the two military
affairs committees of congress in
which he declined to recommend the
retention of Col. Bell. although he
stated that he did not wish to oppose
any action Congress might see fit to
take in the matter.
Mr.. Davis has recognized for some
time however. the need for more
elasticity on the enforcement of the
law Of 1920. He pointed out to the
two committees that a bill had been
introduced i'm March. 1926, by Senator
Wsdsworth, chairman of the Senate
affairs committee. which
authorized the President to make
exceptions in the general law, when
ever in his Judgment the interests of
the service demanded it. In the case
of all officers except those detailed
as members of the General STAFF
Corps.
That bill was introduced at the re-
quest of the War Department, he said.
"and meets with my approval"
In the absence of action on this
and the later bill to make
an exception in the case of Col. Bell
numerous questions have arisen over
the extent of the Presidents authority