Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-23
Justice Department Opinion
UNFOLDING Eligibility In
CIuded in Papers.
SEVEN CONCLUSIONS LAID
DOWN IN MEMORANDUM
All Letters Concerning DR.. Reichel-
deFfer Before Committee Are
Endorsements.
AS the Senate District Committee pre-

AS the Senate District Committee pre-
pared to take up this week the nominal
tons Of Maj. Gen. Herbert 3. Crosby,
retired, and DR.. Luther H. Reichelder-
fer, to be District Commissioners, the
White House yesterday forenoon trans
nitted to the committee the opinion
Of the Department Of Justice, upholding
the eligibility Of Gen. Crosby, together
with all correspondence received by the
President from organizations and In
dividualS II support Of both nominees.
Chairman Capper said the nonina-
tons would be considered without de.
lay, but that an opportunity would be
afforded those who want TO be heard
before action Is taken. The Senator has
not Axed the date fer the committee
meeting, but It may be held prior to
the regular weekly meeting on Friday.
In addition to the correspondence
submitted by the White House In SyEp.
port Of the two appointments, the SOM
r1tttee itself has received q NUMBER Of
letters. In the case Of DR.. ReichE lderfer,
all Of the communications before the
committee are Endorsements With re-
gard to Gen. Crosby the COMMITTEES has
three communications 0ontestirE eligS%
h!lity Of retired army ofacsr.<o be, she
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Seven Conclusions Laid Down.
After going into a detailed analysis
Of the langueGe-of the bistNct's organic
act Of 1878. other laws relating to the
status Of retired ofilcers and court de-
cisioaS, the memorandum Of the De-
pertinent Of Justice lays down seven
conclusions, as follows:
First. That prior to the enactment
Of the District of Columbia act Of
1873 all three Of the Commissioners of
the District might have been retired
Army ofhcers.
Second. That before, ut the time Of,
and ever since the enactment Of the
District Of Columbia act Of 1878 re-
tired Army officers have been, by law,
eligible for any civil post under the
United States, elective or to be filled by
the President by and with the advice
diplomatic posts abroad.
Third. That no sufncient reason can
be advanced to support the view that
by the act Of 1879 Congress intended
to depart from this practice and spe.
ciNcally render retired Army officers
Ineligible TO the post Of Commissioner
Of the District.
Retired 0Aleers Held EIlgihaa.
s Fourth. That In enumerating the
qualifications Of the two Commissioners,
other than the Engineer Commissioned
IN the act Of 1878, Congress did not
specifically direct what they should be
In civil life when appointed. Its ref
erence to the two Commissioners as
the two appointed from civil life Is
not the establishment Of q specific
qualification, but an assumption that
under existing law only persons from
civil Life were eligible, and since under
the existing law only active military
ofncers. and not retired officers, were
ineligible. the phrase civil life must
be construed to refer to the civil life
Of those engaged In civil pursuits, in
GLIDING retired officers, In contrast with
the military life Of the active Army
officers.
fifth. The phrase the two to be APP
pointed from civil nfe' contained In the
sense IN which 1t was used in this par
ticular statute.
Sixth. To hold that a person Is not
IN civil life, who at one time has been
In the military service, and who Is SUBJ
ject TO call or recall In the military
service BY reason Of definite connection
with the military establishment, would
be TO render ineligible, not only retired
officers, but possibly reserve officers.
ceased 70 engage In military service and
have entered civil life and civil pur-
suits, and are not subject to call into
the military service In time of peace
except with their consent, are In civil
life within the meaning Of the District
act and eligible to appointment to the
Office Of Commissioner"
File includes Favorable Letters.
The White House file on Gen. Crosby
included also Q biographical sketch Of
the nominee, the favorable report of
special committee Of the Federation of
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