Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-10
DR.. REICHELDERFER
AND CROSBY SWORN
AS COMMISSIONERS

As COMMISSIONERS
Continued From First Page.)
trict Commissioner, with Senator Nc
kellar, Democrat, of Tennessee; Dill,
Democrat, Of Washington; Walsh of
Montana and Blaine, Republican, of
Wisconsin participating.
Prior to yesterday, discussion of the
nomination had dealt almost entirely
with the question Of whether a retired
Army officer is in civil life within the
meaning OF the Districts organic act OF
1873.
Before the vote. Senator's Walsh,
Democrat, Of Montana, and George,
Democrat, Of Georgia, raised the addi-
tional argument that Gen. Crosby did
not come within another clause Of the
organic act, which stipulates that the
Commissioners appointed from civil life
must have been residents Of the District
for three years preceding appointment.
Senator Walsh argued that while
Gen. Crosby had been assigned to duty
in Washington for perhaps eight years,
an Army oficer is not free to claim
residence where he happens to be sta.
toned, because he Is always subject to
transfer elsewhere. Senator Walsh de-
NA&AOA OAA0t u41uCI Uk1C Eu4C U116V III O.Q
residence is never lost until q new one
IS gained, every Army officer Is supposed
to be resident Of the State from which
he entered the Army.
Supporting this view, Senator George
said that Gen. Crosby had q legal resi-
dence somewhere when he went into
the Army, and never from that day
until the day Of his retirement was he
free agent to change his legal resi-
dence, because legal residence, within
the meaning Of the law In question, is
not only the act Of moving TO the Dis.
trict, but 1t must be also coupled with
the intent to take up residence here"
Caraway Takes Issue.
Senator Caraway, Democrat, Of
Arkansas. took issue with Senators
Walsh and George on the question Of
residence.
I'm the District of Columbia, he
said, there need be no consideration of
intent one way or the other. That IS
where the District of Columbia differs
zenship here In the sense that one can
vote is not possible. Therefore. any one
who remains here the requisit length
Of time Is o resident Of the District Of
Columbia. He Is resident the day he
gets here; he has as much right the
day after he arrives here as after he
has been living here for so years, from
the legal standpoint"
Senator George insisted an Army Of
ficer, ordered to duty in Washington,
would not be free to declare the Dis
would be subject to transfer elsewhere
tired.
Senator Harris, Democrat Of deor-
gia, praised the ability of Gen. Cros-
by and said he had hoped to vote for
him, but had reached the conclusion
the appointment was not legal.
Hale Pays Crosby Tribute.
Senator Hale, Republican, of Maine,
also paid high tribute to Gen. Crosby,
but explained that he could not sub
scribe to the opinion that an Army Of
f1cer becomes a civilian upon retiring.
During the last week Senator Glass,
Democrat, of Virginia, had been max
ing inquiry as to what view q former
Attorney General had taken Of the
question Of eligibility and during the
debate yesterday he gave the Senate
the results of his research. Senator
Glass said:
IT have Trustworthy information to
the effect that as distinguished a re-
tired oficer as Gen. william M. Black,
whose service as such Is almost unSur-
passed in engineering and In admins
tration, as well as in arms and COM
mand, was determined to be ineligible
for the position by the then Attorney
General, Mr.. Sargent.
Information has just been conveyed
to me also that Gen, Helmick, who was
considered for the position, was per-
sonally told by Attorney General Sar-
- l. SvaAl hVR ~
the fact that he was q retired Army
oficer.
IT do not intend TO mislead the SEN
ate in any degree. The oflcial dis
Of Gen. Black was because
Of his ineligibility under the residence
clause Of the statute, but 1t was at the
same time likewise determined by the
Attorney Generals ONCE that he was
also ineligible on account OF being Q
retired Army ofi1cer. This latter fact
was not ofacially communicated TO the
q former Assistant Attorney General,
Col. Donovan, who says that the de-
partment simply dispatched Q letter to
the White House stating that Gen.
Black was ineligible on account OF the
residential inhibition Of the statute,
and therefore 1t was not necessary to
give o formal opinion to the President
relating TO Gen. BLACKS Lneuglplity aS
a retired Army oficer,"
Roll Call Vote.
The roll call vote on Gen. Crosby fol-
lows:
In favor Of the appointment-Repub-
licans: Allen, Baird, Bingham, Brook
hart, Capper. Cousens, Dale, Tess,
Gillett. Glenn, Golf, Goldsborough,
Greene, HATFIELD, Hebert, Howell, Jones,
Kean, Keyes, McCulloch, McNary,
Metcalf. Norbeck. Nye, 0ddie. Phipps.
Of Indiana, Robson, Short
ridge, Emoot, Steiwer, Sullivan, Thomas
Of Idaho, Townsend, Vandenberg, Wal
colt and Watson. Total, 81.
Democrats: Ashurst, Caraway, Hay
den, Kendrick, Walsh Of Massachusetts,.
Total, 8. Shipstead, Farmer.Lahor, ].
Total In favor Of Gen. Croshy-4S.
Against confirmation: Democrats:
Black, Broussard, Connally, Copeland,
Dill, George, Glass, Harris, Helm, Nc
Kellar, Overman, Pittman, Sheppard,
Simmons, 9teck, Stephens, Trammell,
Walsh Of Montana and Wheeler. Total,
10.
Republicans: blaine. Bcrah, Frazier,
Hale, Norris. Total, s.
Total against confirmation. -.