Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-10

continued FROM F1rSC Page.)
the commissionership is regarded as a
technically.
Murphy again pointed out that the
opposition to Gen. Crosby is not per-
cipleS involved in the appointment of
an Army officer in violation of the
organic law. "I don't like fighting the
President" he said, but feel that it
must be done in this case"
Murphy definitely fixed the time of
the conference for o'clock Wednesday
afternoon. While he called it Ito dis
cuss the appointment Of military man
as Commissioner" he said it was his
all other interested organizations in lay
| ing the foundation for a concerted, CITY,
wide protest against Gen. Crosbys APP
pointment.
Leaders Of the organizations invited
to participate in the conference, how
ever, have not indicated their views,
although the Chamber of Commerce,
like the Board of Trade, has already
registered a complaint with the Presi-
dent over the selection of Gen. Crosby.
Neither the Federation of Citizens AS
sociations nor the Central Labor Union
has met since the White House an
nounced that Gen. Crosby would be
named a Commissioner upon his re-
tirement from the Army March 81, and
their position is unknown. The fedora
ton has gone on record opposing the
Jones bill, which would liberalize the
residential qualifications Of a Commits
sioner, and according to President Hav-
enner, 1t probably will consider Gen.
Crosby's selection as Commissioner at
its meeting Saturday night. The labor
union does not meet until next Mon
day.
The contention that the retirement
of Gen. Crosby will not give him a
civilian status and make him eligible
under the organic law to serve as a
civilian Commissioner, Is given support
in an article in the current issue of
the Army and Navy Register which
found its way today into the ranks of
the trade organizations. The article
cites extracts from laws on the subject,
Crosby becames a civilian upon retire.
CROSBY becomes a civilian upon retire.
ment is entirely untenable and the
courts have so held"
Provisions Of Law Cited.
The article follows, in part:
THE law requires that two of the
three Commissioners shall be civilians.
Col. William B. Ladue, G. E., Is the
present Engineer Commissioner. The
question rests on whether Gen. Crosby
becomes a civilian upon retirement.
President Hoover is said to have an
opinion from the United States At
torney General in the affirmative. How
ever, this is entirely untenable, and the
courts have so held. It is plainly ap-
parent by reading the following extracts
from the laws on that subject:
THE national defense act Of June 4.
| 1920, specifically provides in section q
| dealing with the composition of the
| Army that it shall include, among
others, the officers and enlisted men
Of the retired list"
cit also provides that in time of
war retired officers may be employed
on active duty in the discrimination
| Of the President
1.-THE act of April %, 1904, provides
| that the Secretary of War may assign
retired officers to active duty, with their
consent
THE Revised Statutes (l256) pro-
\ vide that 'oflcers retired from active
service shall be entitled to wear the
J uniform of the rank on which they ara
retired. They shall continue to be
| borne on the Army Register and shall
| be subject to the rules and articles of
war and to trial by general court-mar-
tial for any breach thereof"