Evening star., 1929-12-19
FISH CHALLENGES
HOOvER'S ACTION
Holds President Has No Au-
thority to Elevate Poland to
AmbassadoriaI Status.
BY FREDERIC WILLIAM VILE.

Charges of "usurpation of authority
are being leveled at President Hoover
on Capitol Hill in connection with his
action in raising American-Polish dip
lomatic relations from ministerial TO
ambassadorial status. Allegations that
the President in doing so has abrogated
an act of Congress. passed in 1909, are
forthcoming from Representative Ham
ilton Fish, jr., Republican, Of New
York. BY one of the political ironies
of present-day conditions in Congress,
the. Presidents move is warmly defend
ed by a Democratic member of Congress,
Representative Sol Bloom of New York.
Mr.. Bloom contends that Mr.. Hoover
not only has specific constitutional au-
thority to elevate Poland to ambassa-
dorial rank. but that there are categor-
ical precedents and departmental rul-
inc in support Of what he has done.
Hoover to Ask Confirmation.
Notwithstanding the questioning of
his prerogatives in the premises, Presi-
dent Hoover will shortly ask the Senate
to confirm the nomination of Alexander
P, Moore of Pennsylvania, now Am
baSsador to Peru, to be our first Am
baSsador to Poland At the same time,
presumably, the President will submit
the name of John B. Stetson, jr., of
PENNSYLVANIA, now Minister at Warsaw
as Ambassador Moore'S successor at
Lima. The transfer is in pursuance OF
the new Hoover policy of stationing at
Latin American posts only ENJOYS who
speak the language of the countries to
which they are accredited. Mr.. Stetson
not only has a fluent knowledge OF
Spanish, but has spent several years in
historical and scientific research in
South America.
Il want to try to clarity the misun-
derstanding and absolute confusion
which exists among members of the
House, the press and particularly the
State Department" declared Repre-
sentative Fish in addressing the House
on the h-American ambasSadorlal
project, las to the power of the Presi-
dent to elevate any Minister to the Oh
flee of Ambassador without action on
the part of Congress. The President
has absolutely no power whatever. eth
er through the Constitution or by act
of Congress, to create an embassy. The
act of March 2, 1909. bears this title,
Restriction against creation OF new
ambaSSadorships and reads as follows:
NO new ambassadorships shall be Gre
ared unless the same shall be provided
for by act of Congress. That is the
law today and the State Department. is
apparently attempting to usurp the
powers of Congress of the United States
If it has advised the President to make
any recommendation looking to the
creation of Polish-American ambas-
sadorial relations"
Fish Introducing Bill.
On December 2, few days before
It became known that the President had
decided to exchange Ambassadors with
Poland, Representative Fish introduced
a bill creating an embassy at Warsaw.
This bill has not yet been passed.
Pending its passage Fish contends the
nomination of Moore as Ambassador to
Poland is without legal authority. VINO
is responsible for this novel and strange
procedure?" Representative Fish ex-
claimed in the House. Certainly not
President Hoover, who has probably
given little thought to it and would
not willingly be responsible for such
usurpation of the constitutional powers
of Congress if he had known the facts.
He has been badly advised by some
subordinate in the State Department"
Representative Bloom of New York
has Just obtained unanimous consent OF
the House to insert in the Congressional
Record an elaborate statement consist
ing of an official opinion rendered by
Caleb Gushing of Massachusetts, Attor-
ney General OF the UnlteQ STATES IN
1855. In letter addressed to Secretary
of State William L. Marcy, Mr.. Cush-
ing explains in detail the authority
of the President under the Constitution
to appoint Ambassadors and Ministers.
"It can leave no doubt" Mr.. Bloom told
the House, but that the President has
the power by the Constitution to sp-
point diplomatic agents of the United
States of any rank, at any time, and
at any place, subject always to the con-
Stitutional conditions Of relation to the
Senate"
The writer is informed that the State
Department is proceeding to secure the
assent of Poland to Ambassador Moore's
appointment to Warsaw, regardless of
the Fish protest. Simultaneous with the
sending of Moore'S name to the Senate
for confirmation, the department will
ask for the necessary alteration in the
budget to raise the $4,000 Warsaw
legation to a S17,500 embassy.
1t is taken for granted that Poland
will name its present Minister at Wash
ington. M. Tytus Filipowicz, who was
accredited here last April, to be Polish
Ambassador.
(Copyright. 1921