South Bend news-times. (South Bend, Ind.) 1913-1938, 1917-01-25
Goodrich S Act in
Firing Lee to be
Tested in Courts

INDIANAPOLIS, Jan. 24-The
right OF the governor to remove
members of the public service COM
mission at pleasure, will be tested
In the courts. The announcement Of
Gov. Goodrich. finding Edwin NJ.
Lee incompetent 10 serve on the
commission was no surprise. From
the moment that the Lee resignation
was demanded. after the fling of the
vague charges. there was no one
who questioned what was going TO
be the decision.
Lee was a progressive and there is
no intention on the part OF the re-
publicans 70 leave any progressive in
office. Besides, it developed in the
trial that certain interests were de-
termined TO get Lee"
Another consideration. by no
means least. was the anxiety Of the
new administration TO get control
Of this commission. as was asserted
during the 1916 campaign.
We will now go TO a court Of
competent jurisdiction. TO a court
that has authority to pass upon such
matters" said Judge Henley OF
Bloomington. of counsel for Lee.
II is worth noting that at no time
in the progress of the trial was Lee
given the opportunity Of being con-
fronted by or being allowed 10 ques
ton his accuser. He could not be
found.
Prefacing his written opinion in
the case. Gov. Goodrich said ne had
not and would not consider the
charge touching whether Lee was
democrat or progressive. In fact
there was no evidence introduced 10
show that he did anything but make
straight and earnest progressive
fight in the campaign.
The written opinion Of the gov
ernor was as follows:
Section two OF the act entitled:
An act concerning public utilities,
creating a public service commits
sion OF Indiana. and comforting the
powers OF the railroad commission
on the public service commission"
contains the following provision:
ANY member of the commission
may be removed by the governor for
incompetency, neglect of duty or
misconduct in office, after notice
and a hearing
THE charge made before me as
governor against Mr. Lee in this
proceeding. in specifications one and
two of the charges Med. is incOm-
potency alone.
After notice and an appearance
by Mr.. Lee in person, and by coun-
sell and "A full hearing had. l find
that the charge of incompetency
made against Mr.. Lee in specifica-
tons one and two OF the charges
filed, has been sustained, and that
he was at the time of the filing of
said charges before me, and at the
time Of the hearing thereon, and
now is incompetent to serve in the
position as member OF the public
service commission Of Indiana, with
in the sense and meaning OF the
term incOmpetency as used in sec
ton two Of the act aforesaid. and
should be removed from his said
position and office as a member of
said public service commission for
and by reason Of such incOmpetency
ct, James =. Goodrich. as COVER
nor OF Indiana, do now, therefore,
by virtue of the power and author
ity vested in me as governor, by
section two OF the act aforesaid.
hereby remove said Edwin NJ. Lee
from the position and office of mem
Der of the public service commits
sion of Indiana. now held by him.
for and by reason of said incom-
potency.
Dated this 22nd day Of January,
4. D., 1917"
Pressed by counsel for Lee TO
make a ruling on the question of
Lees progressiveism the governor
declined TO make a ruling.
He announced that he did not
know how soon he would name Lees
successor. The matter will prabably
be taken into court in a proceed
ing to mandamus the auditor of
state TO pay Lees salary TO the end
OF the term for which he was ap-
pointed.