Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-23
DATA ON CROSBY
SENT TO SENATE
White House Forwards All
Available Correspondence
to Capper Committee.
coneInusd from First Page.l


OF eligibility; and letters favorable To
the appointment from the following
Rroupss Rhode Island Avenue Citizens
Association, Dupont Circle Citizens AS
ISOLATION, Phoenix Club, Capital View
Citizens Association, War Veterans Re-
publican Club, Forest Hills Citizens
Association, Congress Heights Citizens
Association; and number of other in
dividual letters of Endorsement. The
Senate committee had already received
direct, resolution of Endorsement OF
Gen. Crosby from the Southeast Wash
ington Citizens Associa ton.
The three letters received by the
Senate COMMITTEES challenging the le-
gaiity al appointing retired Army OF
fcer ware from former Commissioner
Henry L. West. 270l Connecticut ave-
nue.; H. Ralph Burton, a lawyer, and
from the Central Citizens AsSociat ton
While expressing great respect for Gen
Crosby, West commended his appoint
ment is in violation of the organic law,
The list of Endorsements of DR..
Reichelderfer transmitted by the White
House included the following. Senator
Norbeck, Republican of South Dakota,
who wrote that the nominee is an "ex-
ceptionally high-class gentleman; G.
II. Pope, vice president of the Mpnsey
Trust Co.; DR. Thomas A. Grower,
Cloyd H. Marvin, president OF George
Washington University; g. Thomas
Dunlop, W.. F. Willoughby, Frank
Ieech, chairman of the medical stan
of ChildrenS Hospital DR.. John FoOte,
Howard e. Severe. Washington Chapter,
American Business Club; DR.. Joseph g.
Wall, 1864; wyoming avenue; Randall
H. Hagner, William B. Willard, John
Dolph, w. w. Everett, H. A. Willard.
2d.; OSCAR CQ0lican, Dr.. A. C. Christie,
DIR. CharfeS S. White. Ralph p. Barn
ard
A. ASpinwall.
Attorney Generals Opinion,
The lengthy memorandum from the
Attorney Generals once regarding Gen,
Crosby's status laid stress o. the point
that the language OF the organic act Of
1873 should be interpreted in the light
of the laws as they then stood on tbs
subject OF eligibility OF retired and
active officers for civil positions. The
opinion began as follows:
THE question under consideration is
whether retired Army officer is ELI
aible for appointment to the Office of
Commissioner of the District Of Co.
lumbia, assuming that he has the
qualifications of citizenship and actual
residence in the District of Columbia
for three years next before his appoint
ment, as specified In the act relating to
the District OF Columbia. This Ques-
tton otherwise stated is whether q
Commissioner having those qualifica-
lions Is not appointed from civil life
within the meaning of that phrase as
used in thu District of Columbia act, IL
he is q retired Army oflcer."
The document then quoted from the
act Ufaf6feT which set up the present
form or EoVernfnent here. and which
states. ,ehHaHg satl7er things, that the
two persons appointed from civil life
bal ~ - kIAasp atwakr
be citizens of the United States and
shall have been actual residents OF the
District; of Columbia for three years
next before their appointment ="
1T viii be noted" the opinion con-
tinued. that IN enumeTating the quail
1icatiors of the two Commissioners
other thaa the engineer, Congress did
not specify that they should be civil
ians 1T merely referred to them as
the tive persons appointed from civil
life Ii ASSUMED that they would be
appointed from civil life. 1t must have
made that assumption because of some
other statute. Therefore, in order to
ascertain what was meant by the phrase
'eivil life 1t Is necessary to know what
was the stats Of the law at that time
respecting eligibility to civil posts Of re-
tired and active officers. II the law
then disqualified retired ofilcerS. than
Congress used The words civil life in
sense which would exclude retired of
flcers. If, on the other hand, retired
officers, returned to civil pursuits, were
eligible, but active officers not, Con-
Gress no doubt used the words civil
life as excluding only officers in ac-
tive military service. To interpret this
statute it D. necessary to review the
state of tiae law ON these matters as OF
the date of the passage of the act OF
1878. The act relating to the District
OF Columbia enacted next preceding
the passage OF the act of 1878. above
quoted, was the act of June 20. 1874.
shat act provided in section 2:
Qualifications Not Specified.
"'That the President of the United
States, by and with the advice and con-
sent of the Senate, is hereby author
aEed to appoint a commission, consist
tng of three persons, who shall, until
otherwise provided by law, exercise all
the power and authority now lawfully
vested in the governor or board OF pub
Sic works of said District, except as
eaerinafter limited
The act did not specify any quail
ncation for the Commissioners. Sec"
Zion of that act provided:
That the President of the United
States shall detail an ofheer OF the En-
kineer Corps of the Army of the United
states, who shall, subject to the gen
kral supervision and direction OF the
bald board of Commissioners, have the
control and charge of the work Of re-
bair and Improvement of all streets etc
The act also provided: He shall re-
ceive no additional compensation for
such services. And he shall not be
deemed by reason Of anything in this
act contained to hold civil once un-
der the laws Of the United States
"AS will ske xhown hereafter at the
time of the enactment of that statute
retired Army officers were eligible to the
office of the civil post of Commissioner
of the District of Columbia, and any
one of the three Commissioners pro-
vided for In the act of 1874 might have
q statute in force at that time that pro-
hibited ofacers on the active list from
accepting civil post, so that none OF
the three Commissioners provided for in
the act of 1874 could have been an Of
fioer on the active list. 1t will be noted
that the act of 1874 provided for de-
failing an offlcer OF the Engineer
tain work under the Commission
eFs, and provided that he should
not be considered to hold a civil once.
That was to prevent forfeiture Of his
commission under another statute here
after referred to- At the time of the
passage of the act of 1873, which we
are now constituting, retired Army Of
civil posts under the United States, and
there was in effect statute prohibiting
an off1eeT on the active list from accept
ing civil office on penalty Of forfeiting
his commission
Opinion Is QuOtad.
The opinion then quoted at length
2ns@wH a. esnkA