Evening star., 1933-07-17
NEW LAW NEEDED
T0ALTER D. c. RULE
President Is Held PoWerleSs
to Make Any Drastic
Change.

In connection with recurrent rumors
that President Roosevelt is planning to
reorganize the District government
into a one-man administration, study
of laws governing the subject indicates
that a special act of Congress would
be required to permit such change.
The theory has been advanced In
some quarters that the President has
ample authority under the special re-
organization powers conferred upon
him in the economy act to abolish the
present Boar@ of District Commissioners
in favor of a one-man regime.
Those, who have studied the ques-
ton are convinced. however, that be-
cause of the special legislative guar
dianship over the District OF Columbia
imposed on Congress by the Constitu-
ton. coupled with certain restrictions
in the economy act itself. the President
would be powerlesS to make any dras-
tic change without consent of Congress.
Power in Congress.
The Constitution reserves to Con-
gress the power Ito exercise exclusive
legislation in all cases whatsoever over
such District, not exceeding 10 miles
square, as may. by certain cession OF
particular States and the acceptance
of Congress, become the seat of the
Government of the United States"
Under this exclusive authority
Congress in 1873 passed the law pro-
viding for appointment by the Presl-
dent of two civilians and an Army Of
ficer as Commissioners of the District.
The act specifies that these three per-
sons shall be Commissioners Of the
District of Columbia
al vr.h nhyr
the President might use his discretion
as to whether to name one, two or all
three Commissioners. for the same law
fixes a minimum of two Commissioners
as a quorum for transaction Of official
business.
Those who have theorized on the
possibility of the District being gov
erned shortly by one Commissioner
have cited provisions Of the economy
act conferring on the Executive extraor-
dinary powers for reorganization Of
the executive departments. The "decla-
ration of policy" given in the preamble
to the authorization reads
In order to further reduce expendi-
lures and increase efficiency of gov
ernment, it is declared to be the policy
and consolidate executive and admin
istrative agencies CT the Government,
as nearly as may be. according to
major purpose; (b) to reduce the num-
Der of such agencies by consolidating
those having similar functions under
a single head: tc) to eliminate over
tapping and duplication of effort. and
(d) to segregate regulatory agencies
and functions from those Of an ad-
ministrative and executive character.
Executive Agency" Defined.
The term executive agency" was de-
fined as any commission, board. bu-
reau. division, service or ONCE IN the
executive branch of the government eX-
cepting the nine executive departments
having cabinet heads.
The theorists apparently overlooked
a supplementary clause headed "Statu-
tory Agencies" which says: when
ever, in carrying out the provisions Of
this title. the President concludes that
any executive department or agency
created by statute should be abolished
and the functions thereof transferred to
another executive department or agncy
or eliminated entirely. the authority
granted in this title shall not apply. and
he shall report his conclusions to Con-
gress, with such recommendations as
he may c EN- proper
1T TIL, seems clear that should the
President wish to abolish the Board Of
Commissioners as now constituted and
set up a one-man agency, he would
have to recomn nd the change to Con-
gress, which, under its constitutional
authority, could do as it saw fit with
the District government.
It was recalled in this connection that
Theodore Roosevelt recommended one
man government for the District in a
special message to Congress, but the
message was pigeon-holed after furry
of congressional opposition.