Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-23

hold commissions and hear definit
relation to the military esta hlishmert
They are not only subject to call int
the military service. as are retired Of
Aeers. in time Of war, but they az
subject to being called into the mill
taTy service in time OF peace witheu
their consent for limited periods AM
| to this extent they are more subject u
| military duty than are retired othcerS
who cannot be recalled into the SERVES
| in time of peace without their consent
None will contend that Reserve officer:
| are not In civil life because of such re
lation to the military establishment. :
differences Pointed Out,
1T Is true there are some other dit
! ferences between them and retired of
| fAcers, reserve officers only receiving
! compensation while In active service
| and retired officers receiving what u
called compensation but what is really
| a pension, notwithstanding they arr
no longer In the military service.
Both are alike in the sense that they
are engaged in civil pursuits and active
in the civil life of the communities In
which they live, and are not In any
proper sense in military life unless
! brought into or recalled into the MILL
tary service.
I'm providing that one of the Com
missioners shall be an Army engineer
the primary purpose was not to select
an Army officer. A competent engineer
was sought; his being q military Of
ficer was merely incidental. The Sc
lection of an ofaGer from the Corps
OF Engineers made 1t likely that tbs
Engineer Commissioner would be q
man not q resident of the District and
without much knowledge of the cam
munity or local conditions. SO. to
provide that knowledge, 1t was specified
that the other two Commissioners
must have been residents of the Dis
tTict tor three years. The choice is tC
be Of two men identified with the COM
munity, as distinguished from the
Mngineer Commissioners, who may never
have heen so Identified. The statute
did not provide that the two Com
misSionerS must have been three years
in civil life, but only that they shall
have resided here three years, and 1t
took for granted that they shall be in
civil life at the time of their appoint
ment. that is not then engaged in mill
taGy pursuits. because, by other statutes,
officers actively engaged In military
life were disqualified. The length OF
time a retired Officer resident In the
District shall have been engaged IN
civil pursuits does not affect his ellgl-
bility. 1t only bears on his personal
oualiflcati0nS, which are matters of dis
cretion md Judgment for the appoint
ing power and the Senate 10 consider
IN each case.
lslT Act Cited.
by an act of May IL, 1917 Omitted
States code title 10, section SID; 1t was
provided:
All sficers. and employees Of the
United States, or of the. District of
Columbia, who shall be members of the
Officers' Reserve Corps shall be entitled
TO leave of absence from their respective
duties, without loss Of pay. time. or
efficiency rating, on. all days. during
which they shall be ordered to duty
with troops or at field exercises, or for
Instruction, for periods not to exceed
Is days in any one calendar year"
This seems to recognize that Reserve
officers are in civil life and not ineligible
to the once OF Commissioner of the
District.
I'm People VS.. Duane, 121 N. Y, ss7,
the question was whether, under State
statute, . retired Army officer of the
United States could hold . civil efioe.
The court analyses at length the status
Of retired oficers and holds that while
In retirement they are, In fact, pen
sioners. and exercise no functions OF a
military etiee." r.:
Retired Officers Held Eligible.
In q brief summary accompanying
the opinion It was argued that heing In
civil life is not specifically enumerated
as qualification. in the organic act. :
"If Congress had intended by this
statute" the summary stated. ito ere
a. de- - 1t
ity in civil life, 1t would have said, The
other two Commissioners shall be APP
pointed from civil life and--n etc
Congress took 1t for granted that the
two other than the Engineer Commits.
Sioner would be from civil life. and the
phrase the two appointed from civil
life was merely q convenient way 81
referring to these two Commissioners
Congress. In thus assuming that the
two would be appointed from civil life,
must have assumed that there was
some other statute requiring it. Under
other laws, then and since in force,
retired oiEicers were eligible to civil
posts. including the ONCE of District
Commissioner, but active officers were
not The only other statute requiring
that the two Commissioners sh0uld be
from civil life was one disaualifying ac-
tive officers and providing for forfeit
ure of their commissions II they ac-
cepted civil posts"
The summary said it had been the
uniform policy of Congress to treat re-
tired ofacers as eligible and TO make
available for public service the ability
and experience of such men, 1t being
only required that II their retirement
nay exceeds 42,600 the ONCE must be
an elective one or one appointed by the
President with the advice and consent
of the Senate.
1t also Is commended in the memoran-
dunn that the decisions which have
held that retired 0ficers are part of
the military establishment within the
meaning of statutes providing for In
crease In pay and other matters, have
no controlling bearing here. The phrase
in civil life was not involved in any Of
them and is here to be construed in
the sense which it was used in this
particular statute"
Another contention advanced was
that IL 1t had been intended to diSQual-
ify men with extended previous mill
tary service, on the theory that they
would have military point Of view, It
would have been necessary 10 ADOPT
provisions disqualifying ofAcers OF the
Regular Army who have resigned, ano
others admittedly in civil life, but WITH
extended military experience. Tne
memorandum argued that that was