Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-11
A Futile and Idle Action.

President Hoover'S refusal TO accede
10 the request Of the Senate that he
return to 1t the nominations Of three
members Of the power commission, as
voted Friday evening, puts the deelina-
ton on the ground that the appoint
ments were made by him constitution
ally, with the consent" Of the Senate
formally communicated 70 him. 1t states
further that reconsideration Of the
nominations would Be ineffective to dis
turb. the appointees In their ofiees.
Finally, the President denies the power
Of the Senate to encroaeh upon the
Executive functions BY the removal Of
q duly appointed executive oficer "un.
der guise Of reconsideration Of his nom
nation" These are strong and un-
asSailable grounds for the refusal to
grant the request Of the Senate.
The absurdity Of the Senats's action
in voting aS 1t did on Friday to ask
the President 10 return 10 II the con-
firmed nominations OF members Of the
power commission may Be illustrated
by the following entirely practical
hypothesis:
Suppose the President instead Of
sending the nominations to the Senate
at the beginning Of the session had
submitted them at the end Of the first
or long, session Of the Congress. Sup.
pose on the last day OF that session
the Senate had voted TO confirm those
nominations, Congress then adjourn.
ing In recess until the next December.
Suppose that the commissioner, then
duly appointed by the President and
commissioned and sworn into once, had
discharged their duties throughout the
term Of the recess Of Congress, only
to have the Senate, aroused By some
administrative action or non-Action Of
the commission, vote . reconsideration
of their confirmation under the Senate
rule which permits such action by the
second executive session following Q
confirming vote.
In such q case the validity Of every
action Of the power commission for o
period Of six months, OF perhaps more,
would be challenged By Q demand for
the return Of the eonArmations. For
such q demand. II Il means anything
at all, Is q cancellation Of confirmation,
which is tantamount to . rejection. II
the Senate can cancel q confirmation
three days or three weeks after voting
approval, it can cancel 1t ak months
afterward, provided It does 20 On or
before the second executive session fol.
lowing . connrmatory vote.
An essential factor Of the matter II
the second sentence Of the resolution
adopted by the Senate On the 3oth Of
December confirming the nomination
Of each Of the power commissioners.
The resolution read Is follows In the
case Of one Of them, and others az
well:
Resolved, That the Senate advise and
consent to the appointment Of Marcel
Garsaud to be q member Of the Fed.
eral Power Commission.
Ordered, that the foregoing resolu-
ton OF confirmation be forwarded 70
the President Of the United states.
Had such . resolution been adopted,
Is ID the usual case. IN q confirmation
effected on the closing day Of the aes-
sion before recess the President would
unquestionably have been warranted IN
issuing commissions Of appointment to
the nominees thus confirmed and no
court would for . moment consider
plea Of invalidity Of cGacial title on
the score that two executive sessions
had>not elapsed between confirmation
and appointment, IN the event Of q
resolution requesting return Of nouni.
nation adopted at the beginning Of the
next session. The oNacial notification
that confirmation has been voted Il the
Presidents warrant for appointment.
II that notice h given before 0 second
executive session has been held after
the confirmation the Senate valves its
right Of reconsideration.
It thus clearly appears that the SEN
ate has done . futile. idle thing IN
voting = reconsideration and q request
for the return Of the nomination.. ana
1T must be assumed that It knew the
futility and idleness Of such an action.
else 1t does not know it1 own rules
or the law. BY voting a. It has for a
return Of the nominations It has set
no precedent except for folly.