Evening star., 1934-02-11
Powers for the Commissioners.


interested himself in legislation to
broaden the powers of the District
Commissioners, and the favorable re-
port on his bill on Thursday by the
Senate District Committee, with GER
tain amendments which Senator Nc
Carran of Nevada wishes in order to
assure adequate hearings by the Com
h1issioners for interested citizens and
to modify parts of the bill, brings
nearer a remedy of existing conditions
shat has long been needed.
The powers of the Commissioners
have been very gradually broadened
Since the act of 1887, in which they
were given specific authority to deal
with certain matters. But the exten-
kion of this power, in almost every
base, has been won step by step. For
she courts have been careful to restrict
the Commissioners authority, holding
more than once that they are mere
Administrative officers and that the
municipality possessed no powers that
had not been granted by Congress in
express terms. Thus, a plumber who
had been repeatedly warned by the
Commissioners that he was violating
the regulations, finally had his license
revoked. But the courts restored the
license on the ground that the Com
missioners then had no specific au-
thority to revoke a plumbers license,
although they did have power to re-
woke the license of a doctor or dentist
or veterinarian. The Commissioners
attempted, back in 1918, to fix fees
sor the inspection of fire escapes,
elevators, etc, but the ordinance was
attacked and the courts, agreeing that
She Commissioners should have such
authority, found they did not have 1t
then. The Commissioners attempted
DO narrow the roadway of little
sraveled, wide street in Southwest
Washington to save paving expenses
but the courts held the Commissioners
had no authority to narrow any road
way. The Commissioners sought by
regulation to provide that before a
hunk shop could be established neigh
bors must consent, but the courts held
shat as Congress had legislated on
funk shops the Commissioners could
hot issue such regulations, although
She subject matter of the regulation
was not covered by legislation.
Similarly. the Commissioners could
hot regulate pawnbrokers, because
Congress had passed an act regulating
pawnbrokers. After the passage of the
traffic act, in 1925, traffic conditions
bhanged and new regulations were
necessary. But the Commissioners
nould do nothing and had to wait
kntil the appropriate committees OF
Congress had time to draft the neces-
kery amendments. which were later
hcted on by Congress.
There are numerous other instances
Of the same sort. Some of those
mentioned above have received remedy
by legislation, but the remedy Is al
ways slow because of the pressure OF
national affairs on Congress. The
humber Of minor local bills awaiting
the action of Congress-each one i'm
portant In itself, but of relative in
significance In a national legislative
programs indication enough of the
need to give the Commissioners more
OF those powers of regulation by
ordinance that are commonly enjoyed
BY American municipalities.
Senator Kings bill gives the Com
nlissioners power ito make and en-
force all such reasonable and usual
regulations" as are necessary, includ-
ing authority to impose fees fol-
licenses. It gives them the power tc
impose penalties, not only by fines
but by Imprisonment, and to make
regulations on matters upon which
Congress has already legislated.
The necessity for some carefully con-
Edered amplif1cation of the Commis-
Goners' powers should be obvious
Many situations, requiring decisive and
immediate action, may arise overnight
IN a large city, and the power to deal
with them by regulation should be
lodged somewhere, especially when
Congress is not in session. An ever
broader necessity Is to enable the
Commissioners to deal, by framing
ordinances, with changing social con.
ditions and modes of living which
bring with them, sometimes suddenly
new problems.
OF course, Congress in enlarging the
power of the Commissioners to frame
and enforce strictly municipal regula-
tions will avoid clashing with the
court decisions that Congress cannot
delegate to anybody any part Of it,
exclusive power Of general Legislation
for the District granted by the Con.
stitution.