Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-20
Member of the Associated Presr
A Dignifed Protest.

Representatives of four Of the prin-
cipal citizens organizations of Wash
ington-the Board of Trade, Central
Labor Union, Chamber of Commerce,
Merchants and Manufacturers ASsocia-
ton, Georgia Avenue Business Mems
Association and the Columbia Heights
Citizens Association - have decided,
after due elaboration, to enter digni-
fed protest against the appointment of
Mai. Gen. Herbert B. Crosby as District
Commissioner. The protest will be based
entirely on the principles involved in
this appointment, calling attention to
the spirit and the letter Of the Districts
organic act, which provides for the
selection of two Commissioners from
civil life. The protest avoids the issue
of personalities, for no such issue is at
stake.
This action by these representative
organizations, numbering in their MEM
bership various groups of citizens of the
Capital, Is indicative of an intelligent
awareness Of the few safeguards to the
unrepresented taxpayers Of Washington
laid down in the organic act and Of an
alert desire x. 7rotect and to retain
them. the NGssof1 of protest is taken
Notwithstanding the hesitancy of the
protestants to embarrass the President
in any manner. and despite their de-
sire to give wholehearted support to
the administrations policies in govern
ing the Capital. The resolution to be
drawn by these citizens is therefore to
be regarded as a frank and open ex-
preston of opinion upon matter that
is of vital concern to the residents Of
this community. 1t goes without saying
that the White House viii accept it In
the spirit in which it is offered.
It is unfortunate, in a way, that
circumstances have restricted the dis
cussion of this issue of appointing a
civilian Commissioner from the retired
list of the Army to only one point Of
view That point of view Is that a
retired Army officer is not civilian, in
the sense that he is eligible for appoint
ment to a position that specifically calls
IDI a ClN4ldIl. 4uCLC IAluoO 0C dA1OOAACA
point of view and it would possibly
assist in clarifying the issue if the
White House would make public the
opinion of the Attorney General upon
which, according to press reports, the
President based the eligibility Of Gen.
Crosby
Inc White House has been represented
as having obtained from the Attorney
General an opinion that CONSTITUTES the
appointment as being in keeping with
the organic act. But the opinion itself
has not been made known, nor the
reasoning, nor authorities upon which
1t is founded. While it is not customary
for the White House or for the Depart
ment of Justice to make public these
advisory opinions on law, the present
case is unique. A number Of court
opinions and decisions Of the Controller
General take a view that is directly
opposite. The Army and Navy Register,
a publication catering to members of
the services, has gone to the length Of
assembling data bearing on the eligibil-
lty OF retlreo Army omcers as civilians.
reaching the editorial opinion that IAN
Army officer on the retired list of the
Army is not civilian, and that is .
block to the appointment regardless of
whatever view may have been furnished
the President and attributed in press
statements as coming from the Attorney
General"
AS this whole controversy ranges
around principles which do not include
proficiency Of the appointee or the
judgment of the President, it would
be well to make public all those points
which have led to the assurance at the
White House that Gen. Crosby, in addi-
ton to his eligibility as regards personal
ability and fitness, is eligible according
to the organic act of the District.