Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-13
CROSBY CRITICS
HIT BY SIMMONS
Charges Board of Trade De-
STes to Continue DONNA
ton of Government.

ton OF Government.
Continued From First Page)
called by Z. J. Murphy. president of
the trade board primarily to feel the
pulse Of public sentiment with respect
to Gen. Crosby's appointment. As sew
eral OF the organizations represented
had not expressed an opinion, 1t was
decided to defer plans for the public
protest. 4
Second Conference Planned.
A second conference will be called by
Charles w. Darr, president of the
chamber. with indications that it will
be held wednesday afternoon in the
chambers Quarters in the Homer Build
ing. BY that time, it is believed, the
Federation Of Citizens Associations. the
Central Labor Union and the Mer-
chants and Manufacturers Association
will have taken q def1nite stand on Gen.
Croshys appointment.
Dorsey w. Hyde, jr., secretary Of the
chamber, assisting Mr.. Darr with ar
for the second conference.
said it is likely the scope Of the original
plans will be enlarged, and that invita-
tions will be extended to number OF
organizations not represented in the
ISAitial conference.
DR.. George C. Havenner, president
of the federation, was the only repre-
sentative invited to the first conference
who failed TO attend. He announced
today that his reason for not attending
was due to the fact that he had been
advised by Robert j. Cottrell, executive
secretary Of the trade board, that the
two questions for discussion at the con-
ference, Gen. Crosby's appointment and
he Jones bill liberalizing the residential
restrictions of q Commissioner, could
not be separated, and that since the
federation had not yet committed itself
on the former he could not ofncially
take part in the proceedings.
Eligibility Is Discussed.
The conference, held behind closed
doors, was comparatively brief, lasting
only an hour. In that time, 1t was an
nounced, the only question discussed
was the eligibility Of Gen. Crosby to
serve as Commissioner. This discus
sion developed over a prepared state
ment read by Mr.. Darr' citing various
statutes and legal decisions in support
OF the contention that an Army offlcer,
even though on the retired list, Is not
civilian, and Is therefore ineligible to
be appointed under the Districts
organic act Of 1873, which provides that
two Of the three members of the Board
Of Commissioners shall be civilians.
Reporters Are Excluded.
Newspaper reporters were barred from
the conference, IL was said, because Of
a desire on the part Of those invited for
q free" discussion. Former Policeman
Robert j. Allen, fresh from an investi-
cation OF the Boston police department,
also was denied adHnittance.
After failing to gain admission, Allen
issued q statement to newspaper men,
in which he said his purpose in seeking
an invitation to the meeting was to
indorse the appointment Of Gen.
Crosby.
Aside from President Darr of the
Chamber Of Commerce, those who at
tended were Murphy, George Pitt and
Cottrell, representing the Board Of Trade;
John B. Colpoys, representing the Gem
trail Labor Union: Mark Lansburgh and
Edward d. Shaw, representing the Mer-
chants and Manufacturers Association;
Charles w. Ray Of the Brightwood Citi-
zens' Association; b. A. Levitan, preSi-
dent OF the Columbia Heights Business
Mems Association. H. Mason Welsh.
attorney for the Georgia Avenue Bust
ness Mems Association, and Secretary
Hyde Of the Chamber OF Commerce.
Text Of Darr Statement.
The statement read by Mr.. Darr. in
which he declared It is not legally
tenable for q retired Army oficer to
have q civilian status, follows:
AT the direction of the board Of
directors Of the Washington Chamber
Of Commerce, letter has been sent to
PRESIDENT Hoover, respectfully asking
that he give further consideration to
the question Of appointing Gen. Crosby
as District Commissioner before such
appointment Is made final.
In taking this step our directors do
not imply any reflection upon any
worthy public servant whose personal
merits are above question, nor upon the
intent Of President Hoover, whose aim
is to secure o man Of the highest char
acter and ability for position the Inn
portance Of which he fully understands.
Would Keep Representation.
"'rhe action Of our directors is based
Upon q profound feeling that the few
remaining elements Of local representa-.
tioft--in the requirement for two civil
ian Commission ers-should be preserved
as required by law ana as intended by
the Congress.
"The congressional act in question
20 Stat, 102, approved June IL. 1879
provides that:
"'The Commissioner who shall be an
ofdcer detailed from time to time from
the Corps Of Engineers by the President
for this duty shall not be required to
perform any other. The two persons
nSrt
time of their appointment, be citizens
Of the United States, shall have been
actual residents Of the District Of CO.
ltin1biA for three years next before their
appointment, and have during that Pc
ROD claimed residence nowhere elSe,'
"In view of this legislative require
nnent-that two Commissioners be ap-
pointed from civil llfe-the question
arises, Can an Army offlcer on the re-
tired list be said to be in civil life? The
chamber does not believe that such DO
Sition is legally tenable, and in proof
Of this contention the following Opin-
ions and cases are cited:
your attention is FIRST called to the
opinion OF the Attorney General that
1t Is clear that officers Of the Army on
the retired list hold public offlce, They
are q part Of the Army of the United
States (25 OPP. Atty. Gen., lS5, 1871,
The act of February 2, 1901 (31 Stat,
74S), deals with the composition of the
Army and provides that 1t shall consist
OF land then enumerates the various
organiSations)' and the officers and en-
listed men of the Army on the retired
list
1T Is further stated: so, by positive
declaration Of statute, these men ire
tired ofacers) are not pensioners but
ofncers, not Eek" but actual soldiers, in