Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-22
RIGHT
DOUBTED IN SUIT
Land Register Holds He Can
not Be Removed Without
Senate's Consent.

The right of the President of the
United States to remove from office
an appCintee confirmed by the Senate
without the approval of that body is
raised in the suit for mandamus
brought by Lannes l.. Farrall, who
has declined to Vacate the office of
register of lands at Phoenix, AriZ.
Arguments on the matter are SEIZED
uled for this afternoon before Justice
Hoehling. Attorney William C. Prem
tiss will defend Farrall's right to the
office, while Attorney Graves of the
Interior Department will uphold the
attempted dismissal
The case gives evidence of develop
Ing into q constitutional battle over
the right of the President to remove
appointees who have been confirmed
by the Senate.
Although confirmed by the Senate
shortly after his nomination for the
post last December, Farrall failed to
receive his commission, and on the
expiration of the last session Of Con-
gress, July 3, Acting Secretary Fin
ney Of the Interior Department noti-
fed him that his service as register
was terminated.
Says President Approved Act.
Farrall then brought mandamus
proceedings here to compel Score
tary Work to forward to President
Coolidge for the latters signature his
commission as register. Briefs filed In
the case show that the President per-
sonally approved, by initiating copy
Of IT, the telegram of notification sent
to Farrall by Ffnney, The brief for
the Interior Secretary cited section
176 of the Revised Statutes as au-
thority for the action, but Farralis
attorney, Mr.. Prentiss, holds that sec
ton was repealed in 1887.
sit is astonishing, to say the least.
a memorandum on Farralis behalf
says, that the Secretary of the Int
rior and his first assistant, and even
the President, should be ignorant OF
the fact that r. s. 1896 was repealed
in 1887"
Counsel for F'arrall reserved the
point that after registers are ap-
pointed by the President, with the
advice and consent of the Senate. the
power of removal is vested in and
must be exercised jointly by the
President and Senate. somewhat
similar point is now at issue in the
Supreme Court, in the case involving
Postmaster Myers of Portland, Greg.
Holds Tenure Expired.
Il
unfolding his action, Acting Secre-
tary Finney said It was based on the
fact that no commission had been
issued to Farrall and that therefore
his tenure automatically expired.
Farrall, through counsel, not only
is sharply disputing this point but
also contends that the mere initiating
of a CODY of the telegram sent Far
rail- by the President does not under
any circumstances constitute pro-
cedure required in the exercise OF
executive authority for the discharge
of a Federal officer.
Mr.. Finney explains in his reply
that while Secretary Work was absent
from the CITY he called upon the
President and showed him a copy OF
the notification telegram sent Mr.. Far
rail- and that the Executive approved
the action by initiating the copy OF
the message.
Graves Acts for Department.
Denurring to these circumstances
of the case as set forth by Mr.. Ffnney,
Mr.. Prentiss states that "the power
Of removal can be exercised only by
formal action over the signature OF
the President notifying the incumbent
of an office that he has been removed
therefrom, or by the nomination and
confirmation by the Senate Of another
person to the office; that the alleged
initiating of the telegram was not
an exercise by the President or the
mower OF removal, but merely evil
denced misconception on his part that
the Office was already vacant"
Mr.. Work and Mr.. Finney are repre-
sented in the hearing Of the case by
o. H. Graves, assistant to the solicitor
Of the Interior Department.