Evening star., 1926-10-25
PRESIDENTS RIGHT
UPHELD IN 0UST|NC
OF P0STMASTERS
Supreme Court Settles Fight
Started When Wilson Re-
moved Myers.
OPINION DECLARES VOID
LAWS DENYING POWER
Holmes, McReynolds and Brandeis
in Dissenting View Hold De-
cision Is Revolutionary.
BY the Associated Press.

BY the Associated Press.
The right of the President Of the
United States to remove postmasters
and other executive appointees from
office without the consent Of the Sen
nte was upheld today by the Supreme
Court in the Myers case from Port
land, Greg.
In an opinion by Chief Justice Taft
the court held that Federal statutes
which have been regarded as with
holding that power from the Presi-
dent are, void.
The case. involving removal by
President Wilson of Frank S. Myers
as postmaster at Portland had proved
focal point upon which the legis-
lative and Executive branches of the
Government had come To a notable
trial of constitutional right before the
highest court.
Held Important Case.
So important was the question that
the court designated Senator Pepper
of Pennsylvania. a former president Of
the American Bar Association. to rep
resent Congress- in argument OF the
case.
The point directly at issue was
whether Congress had exceeded its
presidential appointment Of first. sec
ond and third class postmaSters with
the consent of the Senate" it also
declared that such pOStmasters could
only be removed when the Senate as
sented.
Answering this question the court
declared that Congress has not the
constitutional authority to restrict
the President i'll the removal of Off
cials from offices 1t created. but that
the Chief Executive. charged with the
administration of the Governments
business must be free to act at his
discretion.
Taking up specifically that section
of the law which makes the term Of
poStmasterS four years, the court held
that the President could remove them
during that period for the good of
the service.
The court added that in case OF n
removal from office. 1t was not neces.
sary for the President promptly to-
submit to the Senate the name of
successor. and that he could hold the
office vacant Indefinitely.
Congress Controls Minor Officials.
1t was held. however. that Con
gress could control the removal of
minor officials not appointed by the
President.
Justices Holmes. Brandeis and Nc
Reynolds dissented from the opinion
of the ma ajority. Justice McReynolds
read dissenting opinion in which he
described the findings of the majority
as revolutionary. Under it. he said,
the President would have authority to
remove members of ali commissions,
although it had been supposed they
could be removed only for malfeasance
in office. He argued that the right of
presidential removal thus established
would extend even to the Controller
General, about whose tenure Congress
had sought to throw every safeguard.
Reviews Official Relations.
The majority opinion. read by Chief
Justice Taft. contained an exhaustive
historical account of the relationship
between Congress and the President.
This court has repeatedly laid
down the principles" it said, that "A
cotemporaneous legislative exposi-
tion of the Constitution, when the
founders of our Government and franz
erS of our Constitution were actively
participating in public affairs. ac-
Quiesced in for a long term Of years.
fixes the construction to be given its
provisions.
I'VE are now asked To set aside this
construction. thus burtreSsed, and
adopt an adverse view, because the
Congress of the United States did so
during a heated political difference of
opinion between the then President
and the ma jority leaders of Congress
over the reconstruction measures
adopted as a means of restoring to
their proper status the States which
attempted 70 withdraw from the
Union at the time OF the Civil War.
Went to Extremes.
"The extremes to- which the major
fly in both houses carried Legislative
measures on that matter are now
recognized by all who calmly review
the history of that episode in our
Government leading to articles Of i'm
parchment against President Johnson
and his acouittal."
Unusual terms were used by JUS
tice McReynolds in his protest against
the views Of the majority. At one
point he asserted that in his opinion
today's decision would absolutely over
throw the form Of government planned
by the Nations founders.
Yesterday we had Il Government
OF limited specific powers he said.
To-day nobody knows what it is