Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-20

as Comma nder in chief If the Army
and his right to reappoint the En-
gineer Commissioner for another four
year detail.
Certain Groups Exempted.
Following a general Interpretation
of the law included in the national de
Tense act Of 1920, il In pointed out that
large number Of officers engaged ir
the examination Of large foreign
claims growing out of the World Wa,
had been except, temporarily from
the requirement of service with troops
and it was also held that special serv
ice like that on the staff of the Presi
dent of the United States. az Com
mander-in chief of the Army. and on
the staff of Gen. pershing. as com
nander OF the armies under his spe
clal commission. was properly desig
mated as service with troops under
the law.
In this connection II was stressed
that Col. Sheriff. was kept here rs
officer in charge of public buildings
and grounds beyond the four.year De
tail under that Interpretation. Col
sheriff.. however, was aide to prssi
dent Coolidge.
Several officers have expressed the
opinion that 1t might prove emba r
RAISING to the President to make an
exception in Col. Bells case in view
OF the non.action of Congress. which
indicates its desire for strict com
pliance with the law. The suggestion
that the law would he met In the ca sc
il Col. Bell were assigned to duty with
the District National Guard or the
Organized Reserves, in addition to
duty as Engineer Commissioner, was
declared to he impra ctica bile.
1t was explain ed that Col. Bell
holds q purely civil office. being re-
sponsible alone to the President. and
one that is altogether independent of
the jurisdiction of the War Depart.
ment in the matter Cf his duties.
Law Explicitly Followed.
Despite the general impression
among Army officers that Col. Bell
could not legally be given any mill
tary duty while holding his present
civil office, 1t was admitted that the
President has almost unlimited dis.
cretlonary powers under the general
laws and might, if he feels so dis.
posed, fnd some perfectly legal
method OF retaining Col. Bell - En-.
glHeer Commissioner for another
three-year detail.
Officials at the War Department
said that the law dealing with "serv.
Ice with troops" had been carried ont
explicitly so far as possible and that
the few exceptions that had occurred
were due to special unforeseen ex-
agencies of the service. All such
cases. 1t was pointed out. were GOV.
cred by authoritative legal opinions
as not being in conflict with the spirit
of the law.
Regarding the Senate bill which
would exempt Col. bell from service
with troops, Secretary Davis sail
that since his four-year term of duty
In Washington expires June %. Gin
accordance with the law he must
then be assigned to duty with troops -
L nave not as d general rule on
posed legislation which has for its
purpose the singing out OF individuals
OF the Regular Army for preferment -
Mf. Davis wrote. Il believe there ara
other officers of the Corps of Engi.
heers who are capable of filling the
office of Engineer Cemmissioner
equally acceptably. In view of the
above, although do not recommend
favorably the legislation pronosed
do not wish to opnose am,
action YOU may see At 10 take in the
matter" '"0