Evening star., 1926-11-04

1.-THE Senate long has been striving
to make the President a rubber
stamp, and the Constitution never in
tended any such deal. columbia
Record.
Another advance in the march to-
ward Federal empire. st. Louis
Post-Dispatch.
Thus are presented typical opposing
views of the Supreme Court decision
upholding the right of the President
of the United States to remove Fed
eral officer whose appointment has
been confirmed by the Senate.
The Cincinnati Times-Star points
out that, except in the tenure-of-
office act, passed when Congress was
at war with President Johnson, Con-
gress has never questioned by statute
the Presidents right to remove a
major official of the Government.
Usage has conferred on the President
the right OF removal" continues that
paper, "but in several decisions of the
Supreme Court there have been impli-
cations that the court might declare
constitutional law that expressly re-
served to the Senate the right to pass
on presidential removals. The
Times-Star explains that the present
decision "does not affect civil service
regulations, where the purpose is not
to prevent removal OF major offlclals,
but to secure efficiency by protecting
minor officials from partisan politics" +"
Under a democratic form of gov
ernment," it appears to the Fort
Worth Record Telegram, "the Execu-
tive should have certain regulatory
powers, together with discretionary
ones, and this decree Of the highest
court in the land appears to have de-
scribed them with complete detail.
That such a description should have
been delayed for 135 years is the only
real news in the episode" The Phila-
delphia Public Ledger adds it's opin-
ion that "this decision will not widen
the executive power" but merely
restores and reaffirms what has al
ways existed. The balance between
the executive and legislative branches
will be maintained" in the opinion Of
the Ledger, land Congress, after 1876
wears, has lost its battle" The Fargo
Forum also believes sit disposes OF an
issue that has needlessly and foolishly
agitated various sessions OF Con-
greSs."
"The Senate may exert a check in
its right to veto appointments" the
Providence Bulletin suggests; public
opinion, always a factor in American
Government, is even a more powerful
restraint, 1t is safe to assume that
judicial settlement of this long argu-
| ment will not only make the presi-
dency more effective. but will relieve
! it of countless unrecorded embarrass-
| ments" Approval is given by the Lin
coin State Journal with the statement
that 1.-The final judgment of the coun,
try has been that Congress was wrong
\ in the contention of 1851"
Finding a parallel in the State gov
ernment of Alabama, where the gov
| ernor demanded certain designations,
| the Birmingham News says the deci-
| sion discloses recognition Of the fact
| that there must be loyalty and 'har-
mony in support of the administra-
| ton which gave the office" The AL
toona Mirror suggests that 'most of
us will agree that there are times
| when conditions demand instantane
| Gus action by the appointing power,
and the Asheville Times holds that the
American people wish to see the
Chief Executive supreme in his own
realm"
: The Detroit News Is convinced that
| If extension of the civil service comes
| out of the Supreme Courts decision.
| the country will have been well
| served" In this connection the Chi
| cago Daily News observes: Author
tiles on civil service matters are
| agreed that the place to guard against
abuse is the entrance to, not the exit
! from, positions of public employment.
| Further, there is such a thing as the
| moral force of public sentiment, and
frequent unjust and arbitrary dis
missals would mobilize that sentiment
| in defense of the right standards of
| public service" The Pittsburgh Ga.
zette-Times believes that 'if a check
| upon the exercise of the President s
|! power Of removal be deemed neces.
sary, 1t might better take the form of
| a hearing on formal charges against
| the official than requirement that
the Senate approve the dismissal"
From the city in which the case
| originated when Frank s. Myers was
removed from the Portland postmas.
tership, the Oregon Journal offers the
| conclusion that cit may be law, but II
is scarcely SOUND policy for the con.
sent Of the senate to be required in
an appointment but not In removal u