Evening star., 1934-04-26

action at this session. Representative
Mcleod, Republican, of Michigan is
sponsoring similar measure in the
House District Committee, but whether
1t can be put through both houses in
the closing weeks of the session is ex-
tremely problematical.
This bill, which is still awaiting COM
mittee action, provides that until Con-
gress shall otherwise provide the Com
n:issioners, in addition to the powers
heretofore conferred upon them, would
be authorized and empowered:
Cd To make all municipal regula-
tions and ordinances that they may
deem necessary and proper upon any
subject within the District of Co.
lumbia with respect to which the
power to make such municipal regu-
lations and ordinances may, consist
emily with the Constitution of the
United States, be delegated to such
Commissioners, including the power
and authority to fix from time to time
and collect fees for all licenses and
permits which may be required by
law or by regulation or ordinances
made and adopted by said Commits
sioners hereunder, for trade. profess
sion, and vocation, in the District of
Columbia, and to fix from time to
time and collect fees for inspections
required by any law, municipal regu-
lation, or ordinance now in force, or
which hereafter may be made or
adopted; and
(2) To prescribe reasonable penal
nf no cd00 nr
Imprisonment not exceeding one year,
or both, in the discretion of the court,
for the violation of any such regula-
ton or ordinance.
Delegation Of Authority.
The bill further provides that all
laws previously enacted by Congress
on any subject concerning which the
Commissioners are herein authorized
to make regulations shall remain in
force until the Commissioners adopt
regulations inconsistent Herewith
There is still another provision that
the fact that Congress may in future
legislate on any subject would not
prevent the Commissioners from max
ing further regulations on the same
subject mot inconsistent with such
legislation"
The extent to which Congress may
go in delegating power to the Com
miSsioners has been the basis OF lltl-
CATION in the courts from time tc
time. and the District Supreme Court
in general term and the Supreme
Court of the United States have
rendered pertinent decisions upon
this question. There will be further
discussion later of the legal aspects
Of the pending measure.
Senator Kings bill to provide for
third civilian Commissioner to replace
the Engineer Commissioner is based on
his belief that the municipal govern
ment would be brought closer to the
people Of the District if all three city
heads were local residents. Under the
organic act of 1873 the Engineer Com
missioner is always member OF the
Engineer Corps of the Army. detailed
to the District Building by the Presi-
dent, without a specific tenure Of Office
and without Senate confirmation. The
King bill would have the third men,
ber of the board nominated, just as
the two civilian Commissioners are
now appointed and confirmed by the
Senate, with the same residence re-
Extraordinarily, that the appointee
shall have resided in the District for
three years next preceding appoint
ment and shall not have claimed resi-
dence elsewhere during that time
Senator Kings bill would not preclude
the President from selecting an engi-
neer for one of the places on the
board. but he would not be confined
to the designation of an Army engi-
neer, as at present.