Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-10
The New Commissioners.


Presidents appointments gives to the
District its two new civilian Commits
sioners, DR.. Luther H. Reichelderfer and
Maj. Gen. Herbert B. Crosby, U. S. A.,
retired. Both of these gentlemen are
personally acceptable to the people of
Washington and both are welcomed to
their new duties with the good wishes
OF this community. Both will receive
the loyal support of washingtonians.
In the case of Gen. Crosby, his ap-
pointment by the President and his con-
firmation by the Senate were made over
the protest Of citizens who CHALLENGED
his eligibility under the organic law.
The Senate's confirmation, however. dis
poses In practical effect of that issue in
80 far as the people of Washington are
concerned. The United States Supreme
Court in the Newman case indicated, in
effect, that no one in the District is
qualified to challenge in the courts the
question Of such eligibility unless it be
the Attorney General, who, in this case,
can be counted out, or a party in in
terest, the Supreme Court having de-
cided that taxpaying citizen is not
such party. There is no appeal from
the Supreme Court, and that court has
decided in effect that there is no appeal
from the President and the Senate.
The only doubt remaining as to Gen.
Crosby's status as a civilian Commits
sioner rests In the matter of his COM
pensation, which will be considered In
due time by the Controller General.
His eligibility to draw two salaries, one
as civilian Commissioner of the Dis
trict and one as a retired Army ofIicer,
cannot be contested, provided his eligi-
bility to appointment as Commissioner
Is no longer at issue. The prohibition
against drawing two salaries from the
Government does not apply to those re-
tired Army officers who are elected to
public Office, or appointed to public Of
flee by the President with the advice
and consent Of the Senate.
While it was not sustained, the pro-
test against Gen. Crosby's appointment
under the organic law-has not been
In vain. It has served to emphasize
the residential and other requirements
that must be possessed by candidates
for civilian commissionerships. The
debate In the Senate, in which two Of
the Senate's foremost constitutional
lawyers, Walsh of Montana and George
Of Georgia, argued against his eligi-
bility under the law, is sufficient in
dication that the grounds for protest
were neither technical nor trivial.
The debate renders improbable a
violation Of the residence qualification,
q stipulation wisely inserted in the
organic law. For both the President
and the Senate have shown distinct
disposition to observe the law where
there is no possible doubt as to its
meaning; as in the case of the three
years residence requirement. While
Senator Walsh, particularly, took excep-
ton to Gen. Crosby's eligibility on the
grounds of his residence, the Attorney
Generals opinion assumed that in
this there was no dispute.
The debate further showed that the
question Of retired Army officer eligibil-
1ty, If referred to later Attorney Cen
eral, may otherwise be construed. For
Senator Glass developed the point that
while Gen. Blacks ineligibility was
based on the residence clause. Gen.
Helmick, another retired Army officer,
was personally told by former Attorney
General Sargent that he was ineligible
because he was q retired Army officer.
DR.. Reichelderfer and Gen. Crosby
are now the civilian Commissioners of
the District for the next three years.
They are good men, anxious to work
for the Districts welfare, the adequate
maintenance Of the Federal City and its
wholesome development. Such q task
II a cooperative endeavor, shared be-
tween the President and Congress, rep
Tesenting the Nation, and the Commits
sioners and the tax-paying, law-abiding
community. They will work together
enthusiastically for the upbuilding Of
Greater Washington, the material city
and the city Of its people.
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