Evening star., 1939-07-07

| local affairs and either can utilize
agencies of local government for the
carrying into effect of laws that 1t
could not delegate authority to
| enact.
The great body of legal decisions
on the question of the dividing line
between local affairs over which
delegated powers of government may
be permitted to extend, and matters
of wider import as to which powers
of legislation cannot be delegated,
are available to the District equally
! ! with the States.
Powers Would Be Vested
In Board Of Commissioners.
The full powers of government
granted would be vested in the
Board of Commissioners, which, as
the local governing body of the Dis
trict, would have full policy deter
mining authority over all matters of
local government within the powers
of the District. BY means of its
ordinance-making power, it would
provide for carrying into effect the
laws and its own ordinances applic-
able, through an administrator OF
its own choosing and II administra-
tive departments under the control
of the administrator and through
two separate establishments not re-
SponSible to the administrator. 1t
would exercise control over the ad-
ministration by means of ordinances
Such separation of policy-deter-
mining functions from those in
volved in carrying the policies esta5-
lished into effect is in line with the
timeehonored principle of separation
of the powers of government among
three branches of government, legis-
lative, executive and judicial. The
logical and practical soundness of
this principle has been demonstrated
amply in practice. No adequate
reason is seen for departing from it.
Such a separation of functions
also is in line with the modern pro-
nouncement of political science in
favor of LAY determination of pol
icies, but expert administration" to
make effective the policies. De-
termination of policies calls for de-
liberation and thus for meeting of
minds of individuals in groups. Ad-
ministrati ton calls for initiative.
prompt decisions and quick action on
multitudinous details seen as parts
of the process of continuous opera
ton of complex mechanism and
thus demands expert individual at
tention with fixed responsibility for
results
On the other hand, where policy
determining and administrative au-
thority are combined there is pres
ent the obvious inconsistency of re-
quiring the same agency both to
determine the policies and to carry
them into execution. No single
agency can be adapted for both
and when they are combined NO
authority is left in position to
exercise check upon the effec-
tiveness of execution to see that
the policies decided upon have been
properly carried out
The bill provides for comforting
on the Commissioners investigatory
powers over the administrative
agencies, aided by the results of in
dependent audits to be made by
the General Accounting Office. The
/ Commissioners would thus be in a
position to check up on the ad-
ministration so as to be able to en-
force responsibility for carrying out
effectively the provisions of law and
ordinance. with authority to remove
the administrator in case the con-
duct of administration is unsatis-
factory.
Administrator Would Be Appointed
On Sole Basis of Qualification.
Article III makes provision for the
District administrator, who would
be a sort of general manager Of the
administrative affairs of the Dis
trict. He would be appointed by the
Commissioners on the sole basis of
his qualifications and be subject to
their policy determining control. 1t
would be his duty. subject to that
control, to carry into effect the laws
and ordinances provided, through
the instrumentality of the admins
trative departments placed under
his management He would have no
power or authority beyond that. He
would be responsible to the Commis-
sioners. They, by means of ordi-
nances, subject to the provisions of
law, would prescribe the policies to
be carried out. They would ap-
prove programs and provide the
funds therefor by means of appro-
priations. They could remove the
administrator at any time his con-
duct of the administration might be
unsatisfactory to them. Such re-
moval would be without recourse, In
case the simple formalities of fur
nishing him statement of reasons
and allowing him public opport-
tunity to reply, are complied with
The Commissioners would be the
sole judges.
The bill provides that the ad-
ministrator be paid salary to be
fixed by the Commissioners at not
less than $4,000 year, to attract
men of the requisite qualifications
for such a responsible administra-
tive task as that in view
Article Nv of the bill provides
for dividing the administrative
functions of the District govern
ment. as distinguished from the pol
icy-determining functions vested in
the Board of Commissioners, and
the judicial functions vested in the
courts, among IL administrative de-
partments, Finance, Industrial Re-
lations, Personnel, Revenue, Law
Public Safety, Public Utilities, In
surance, Health, Public Works, Pub
lie Welfare and Recreation, under
the control of the administrator, and
two separate establishments, De.
partments of Education and Libra
ries, under separate boards and out
side of his control In this article
also, general provisions applicable
to different departments are set up
The several departments and the
two separate establishments are