Evening star., 1933-10-28
miss FAY BENTLEY
| DECIDES TO TAKE
JUDGE OATH SOON
Issue Before Commissioners.
Miss Sellers Denies Va.
cancy Exists.
McCARL is EXPECTED
TO RULE ON SALARY
Appointee Cleaning Up School
Work Preparatory to Carrying
Out Administrat ton Wishes.

A clear-cut issue as to whether Miss
Fay l. Bentley or Miss Kathryn Sellers
will be judge of the Juvenile Court after
the next few days is now before Dis
trict officials for solution.
The issue came up late yesterday
when Judge Sellers, the incumbent,
wrote to District Auditor Daniel j
Donovan and to DEbursing Oficer
James r. Lusby to notify them that
she would consider herself the judge
and would not step out of office until
by the Senate. Miss Bentley today an.
Eounced that as soon as she had cleared
up matters now pending in her present
she would proceed to take the oath Of
Office and carry out the wishes of
the administration" Miss Bentley re-
ceived an appointment to the court
from President Roosevelt three days
ago.
Donovan Silent.
Maj. Donovan today declined to COM
ment In any way on the issue, which
is expected to be placed before the Com
missioners, who will submit it to Con-
troller General j. Raymond McCarl, as
requested by Judge Sellers in her letter
to Maj. Donovan.
Il understand from the morning
paper" Judge Sellers wrote to Mai.
Donovan. that Miss Bentley is about
to take the oath Of office. AS this in
wolves the question of salary. am thus
notifying you of my intention not to
resign, with the request that, II possible,
you obtain a ruling from the controller
as to the person in his opinion legally
entitled to the salary as judge Of the
Juvenile Court"
Explaining her view on the legality Of
Miss Bentley's appointment. Judge Sell
lers' letter said:
In view Of the fact that the law
creating the Juvenile Court as well as
my commission provides that my term
OF ofnce shall be tor term OF six years
or until my successor is appointed and
confirmed, am of opinion that va
cancy did not exist to which Miss
bentley could have been appointed.
Congress Aims Cited,
The right of the President of the
United States to remove for cause is
not questioned. 1t is simply the fact
that there was no vacancy to which
she could be appointed I therefore be-
lieve that I am carrying out the will
OF the Congress that enacted the Juve-
nile Court law in holding that unless
l am removed for cause am the Judge
OF this court until my successor has
been appointed and confirmed"
In her letter to Maj. Lusby, Judge
Sellers said
Il am enclosing herewith a copy OF a
letter which I have this day sent to
Maj. D. ]. Donovan, auditor for the Dis
trict of Columbia.
This is a notification to you of nv
intention to continue in Office until nv
successor is confirmed or unless / am
removed for cause, no such action hav-
ing been taken"
Judge Sellers made the text Of her
letter public, but would not comment on
the situation for publication.
Oath Delayed by Work.
Questioned about her future course,
Miss Bentley. however, said:
To-day is the last day Of our first
school advisory period. There is a great
deal Of work which I promised to do at
the beginning of the school year and I
shall keep my promise. 1t will take sew
that time shall proceed to take the
cath of Office
II did not seek this position and .
feel it my duty to carry out the wishes
of the administration to the best of my
ability. In the meanime. however.
hope some action will be taken and this
unfortunate matter will be settled to the
satisfaction of ALL"
Although the issue has been joined on
the particular question of which of the
two ccntenders may receive the salary,
it was pointed out today that the con-
est has other and far-reaching imph-
cations.
Lawyers are speculating as to what
would happen should Miss Bentley take
Office witho-ss j--..aase Scc::::e:s' resigning
or being rImoved. and proceed to issue
Subpoenas f&r attendance at the court.
Their legality undoubtedly would be
brought immediately into question. The
court, in spite of its name, does most
of its business wits adults, in cases
involving non-support of dependents
and also in paternity cases.
Similarity Cited.
One case having certain similarities
to the present arose in the District some
appointed to the Municipal Court. and
shortly after receiving his appointment
became physically incapacitated from
doing his duties in the court. The
presence of the judge was badly needed
in order to carry out the work of the
court. and District officials raised the
question of whether he was entitled
to receive his salary while incapable OF
performing his duties. In that case
the controller general ruled that his
salary must be paid until the end of his
term, and as a result he was paid for
several years. until his term ran out.
The law for Municipal Court ap-
pointments reads that the judges shall
serve their term or until their successor
is appointed and qualified" It is ex-
planned that to qualify all the judges
must do is to take the oath of office.
Law Differs.
The law on the Juvenile Court ap-
pointments. however. reads appointed
and confirmed" There could be no
confirmation Of Miss Bentley until the
Senate conveneS in January
It was pointed out that there is no
similarity between the Bentley-Sellers
case and that of Commissioner William
e. Humphrey, recently removed by
President Roosevelt from the Federal
Trade Commission The Humphrey
case involves the Presidents power to
remove a presidential appointee. There
has been no attempt to remove Judge
Sellers.