Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-05
u. S. Attorney Told to 0p-
pose Right of Dr.. G. o.
Smith to Hold Office.
CHAMBER WILL START
ACTION IF HE DOES NOT
Commission Chairman's Nomina.
ton Rejected on Reconsidera-
ton by Vote of 40 to SO.
BY G. GOULD LINCOLN.


The Senate today without q record
vote adopted the Walsh resolution to
begin court proceedings for the custer
of DR.. George Otis Smith, chairman
of the Federal Power Commission.
The resolution agreed to by the SEN
ate requests the United States attorney
for the District of Columbia to institute
quo warranto proceedings In the Su-
preme Court of the District to test the
right OF DR.. Smith to hold Office as a
member of the Federal Power Com
mission.
The resolution also authorizes the
senate Committee on Judiciary to en-
gage counsel to assist the district at
torney In the prosecution of the case.
1t is provided that if the district at
torney declines to institute the pro-
ceedings against DR.. Smith requested
by the Senate, the counsel employed
by the Senate shall then proceed in the
name of the Senate to institute such
proceedings himself.
Walsh Pushes Case.
The Senate, according to Senator
Walsh OF Montana, author of the reso-
luton, Is an interested party and there
lore entitled to take the matter into
court.
The Senate by vote of 40 to SO yes
terday formally rejected the nomination
OF DR.. Smith to be chairman of the
Federal Power Commission At the
same time, the Senate reconhrmed the
nominations of Commissioners Garsaud
and Draper, who like Dr. Smith had
been under fire because of their action
in letting out of Office two officials of
IN fk1G
russell, solicitor, and William v. King,
chief accountant.
Others Are Confirmed.
Under the action of the Senate now
adopted, DR.. Smith Is made the sole
target OF the Senate. AL three of the
commissioners, together with the other
two members of the commission, were
confirmed by vote Of the Senate before
the Christmas holidays.
The Senate agreed to notify the Presi-
dent OF its favorable action on these
commissioners, and the President. hav-
Ing been so notified, appointed them to
ONCE and issued their commissions. I'm
mediately upon the return of the Senate
after the holidays, motion was made
by Senator Walsh of Montana to re-
consider the nominations of Dr. Smith
and Garsaud and Draper
SENATOR walsh ana others held that
the three commissioners had shown
themselves friendly to the power trusts
and unfr1endly to the public in letting
out OF office two officials who were held
TO be enemies of the power trusts
The Senate reconsidered the votes by
which the nominations were confirmed
and adopted a resolution requesting
President Hoover to return the nominal
tionS.
Declines to Resubmit.
President Hoover declined to resubmit
the nomination of the three commits
sionerS holding that the matter of their
appointment had gone too far for the
Senate to reconsider its action. He was
supported in his contention by the
opinion of Attorney General Mitchell.
He held that to yield to the request of
the Senate would be to relinquish the
power of the Chief Executive to remove
from Office Federal officials and to turn
that power over to the Senate in VIOLA
ton of the Constitution.
Whether the court will agree that
the Senate is an interested party under
the law is a matter that the court
will have to determine for itself Sem
ator Shortridge of California who op-
posed the Walsh resolution, holds that
under previous decisions of the courts
the Senate cannot rightly be held to
have an interest in the Office of the
chairman of the Federal Power Com
mission and under that right to bring
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