Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-26
President Can Remove
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have been at odds as to power of re-
moval of appointive Office holders.
The question, frequently an issue
for heated political debate, reached
the court in an appeal by Frank s.
Myers, appointed by President Wilson
to the postmastership at Portland,
Greg, in July, 1917, and subsequently
removed by him In February, 1920.
Mr.. Myers challenged his removal as
Illegal because of the act of congress
of July IL, 1876, which provided thar
postmasters of the first three classes
Shall be appointed and may be re-
moved by the President by and with
the advice and consent of the senate"
He contended he was entitled to pay
for the full four years because Presi-
dent Wilson had not obtained the con-
sent of the senate for his removal
The court of claims dismissed the
suit holding that 1t was not brought
in time. and Myers appealed to the
higher tribunal Here 1t was argued,
once and then ordered re-argued.
Senator Pepper. of Pennsylvania,
was appointed to represent congress
in the case.
The opinion today was delivered
by Chief Justice Taft, with Justices
y
each presenting separate dissenting
opinions, all agreeing, in the words
of Justice McReynolds. that the po-
sition taken by the court was revolu-
tionary.
Under the opinion the president is
recognized as having power. which
cannot be restricted by congress, to
remove any federal official commits
stoned by him or a predecessor, with
the exception of a few judges. The
court held that broadly this power
was placed in the presidents hands
to enable him to carry out the con-
stitutional injunction to see that the
laws are well and faithfully eXecut-
ed. as it had been contended by those
who opposed congressional control
over removals, that unless such pow
er were given. the president might
be paralyzed in the efficiency and
proper administration of executive
duties In reviewing the reasons for
this power. it was said that other
wise the president might find many
of those upon whom he must rely
for loyal support out of harmony
with his policies. and openly showing
allegiance to adverse influences IN
congress.
Chief Justice Taft. in SIS page
printed opinion. pointed out that the
controversy had reached the court IN
such form as to require its decision,
and reviewing it in its various phases
since the first congress announced
that the constitution granted the
President the executive power of gov
eminent, the general administrative
control OF those executing the laws,
including the power of appointment
and removal of executive officers, a
conclusion confirmed by his obligation
to take care that the laws be faith
fully executed"
The chief justices opinion further
stated that the constitution restricted
congressional control. over removal IN
inferior offices when the appointment
is not made by the President.
ITO hold otherwise" the court stat
ed, would make it impossible for the
President in case of political or other
differences with the senate or con-
gress to take care that the laws be
faithfully executed
The majority of the court declared
it's position strongly sustained not
only by legislative history but also
by court decisions The minority Wig
orously contested this point, assert
ing that this decision was fiat re-
versal made by the court in 1903 in
the case of Marbury versus Madison.