Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-01
CROSBY OPPONENTS
5. GIVE ARGUMENTS
Retired Officers Right to
Serve as Commissioner
Is Questioned.
Ccontinued From First Page.)

that so far as he was concerned he did
not care to near legal arguments in the
case OF Gen Crosby, explaining that he
was willing to take the finding of the
Attorney Generals Office. which he re-
garded as the highest legal opinion out.
side of the courts. Senator Jones said
he would have the same opinion When
the arguments were over.
Senator Copeland said that all OF
the legal advise that had come to him
had been directed against the eliglblllty
OF a retired Army officer tor THIS posi-
ton.
AT this point John b. Colpoys Of the
Central Labor Union, interrupted 10
emphasize that there is nothing per-
sonal in the opposition to Gen. crosby.
But a principle is involved mere
and when you temporize WIN prlh-
cinle YOU are lost" Mr.. Colpoys con-
tinued I'VE are appealing TO you as
our board of aldermen"
Allen Ask, Hearing.
Former Policemen Robert J. Allen,
uho came into the limelight SeVeral
months ago as a result OF MS lnoe-
Dendent investigation into the death Oh
Mrs Virginia Mcpherson, arose ana
asked to be heard. Senator Vanoenpeis
said he thought the committee shoui9
hear first from Mr.. Darr, VINO appeaIeu
as spokesman for group OF oreaIi GAINS.
tions. Allen did not indicate tne NATURE
Mr.. Darr began by describing Gen;
crosby as a splendid man, but aooeo
those for whom he spoke belleVs we
law required the President 10 PICK tLls
two Commissioners from clVh lie anu
that he believed he could show re-
tired Army officer does not come Wltnili
the scope Of the act OF 1873.
Touching briefly on the dlstranchISS.Sa
condition of Washington Mr.. DAFT S Ss.0a
the nearly 100000 persons WHY ,.t,',
here follow the flag OF their country
in time of war. pay taxes and perform
ali the other duties of citizens DuI
we cannot say we are sovereign cltlzehs'
Discusses Opinion.
taking up the report Of the Attor-
nav Generals office in support OF Gen.
crosby Mr.. Darr declared that the Al.
tnrney General talks himself out OF
court" when he refers to the SITUATION
prior to 1873, because, Mr.. Darr con-
tended, the Attorney Generafs OPINION
did not account for the reason Con,
eress had in using the Worus ci'h
life" in the organic act.
When Mr.. Darr declared that re-
tired Army officer Is still part OF the
Army. Senator Kean, Republican, OF rev
Jersey. asked him If he COMMENDED tLaI
anv man who was an officer In the
world War would be ineligible tor COM
Mr.. Darr replied that if a man re-
ceived retired pay he would say ne
was not eligible. Mr.: Darr then Maue
the argument that there Is 9 dlstlnc-
ton between retired Army officers anc
Reserve corps officers. Maj. Murray
seated in the rear of the room, cnai-
Ienaed the statements OF Mr.. Darr Wltll
regard to the difference between Reserve
and retired officers.
Cites Tyler Case.
One of the cases cited by MT. DarI
IN support of the claim that retlreo
Army officer was not eligible was that "
the United States VS.. Tyler. Before Mr
Darr referred TO this case Senator Cope.
land said he had heard of part OF
that opinion as having an important
bearing on the pending question. Mr
Darr said that in the Tyler case the
court opinion contained the statement
that sit is impossible to hold that men
who are by statute declared TO be par
of the Army, who may wear lts uni
form, whose names shall be borne upon
its register, who may be assigned Dy
their superior officers to Specined DUTY
by detail as other officers are, VINO are
subject to the rules and articles OF war
and may be tried, not by jury, as
other citizens are, but by q military
court-martial, for any breach OF those
rules, and who may finally be dismissed
on such trial from the service in dis
grace, are still not In the military"
DR.. George c. Havenner, president oil
the Federation of Citizens Associations
took the stand and said that large
majority of 54 citizens associations anc
eight city-wide organizations favor the
appointment Of the former chief OF
Cavalry.
DR.. Havenner read into the commit
tee record resolutions adopted by the
federation which expressed the opinion
that President Hoover "canVasSed the
field pretty thoroughly" before selecting
the two proposed District Commission
ers. Two representatives OF citizens as
eociations in the committee room TOOK
exception to Dr. Havenner's statement
that the great majority approved the
nomination.
washington Topham, president Of the
North Capitol Citizens Association, IN
formed the committee that his group
opposed Gen. Crosby, and later rep
resentative of the Brightwood associa-
ton also noted opposition.
Alien Blames Pratt.
Former Policeman Allen then took
the stand, announcing that he wished
to tell the committee things he knew
about. He asserted vigorously that the
real reason Mai. Gen. Crosby is being
opposed is that Maj. Pratt, superin-
terdent of police, and inspector Shelby
of the Detective Bureau do not want
ANYBODY controlling the Police Depart
ment who might be unfriendly TO Their
methods.
In addition TO the two citizens as
sociations opposing confirmation. objec-
ton was noted by E. c. Reigel, repre-
sentative of the Washington Consumers
Guild, and H. M. Woelch OF the
Georgia Avenue Business Mems Associa-
ton. Reigel said that the District wa:
becoming progressively militariZed
and cited the appointment OF Mai. Gen
Patrick to the Utilities Commission
Woelch said that the only question con-
fronting the committee in respect To
Gen. Crosby was whether he is qualified
under the law.
The committee completed its hearing
shortly after noon and indicated thai
action would be taken on the CROSBY
nomination next Friday.