Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-11

CONTINUED From F1LsG Edee.l
Gratis who supported the power COM
naissioners' nominations.
Senator Wheeler of Montana, Demo-
crat, gave formal notice that when the
independent Offices appropriations bill
carving the salaries for the power
commissioners comes before the Senate,
he would offer an amendment to pre-
vent any money being expended TO pay
salaries to the three commissioners IN
question.
Senator Hiram johnson Of California
declined to agree finally to the position
taken by Senator Walsh that the courts
could not be called upon to pass upon
the validity of the appointments OF the
three commissioners.
With biting sarcasm the California
Senator an old antagonist Of the
President, said:
'I waited with bated breath to learn
what the course of the President would
be. I was In doubt what he would do.
felt the President would see the error
Of his ways and send back the nomina-
tons to the Senate. Although I have
no plan of action now, do not wish to
be bound by what Senator Walsh of
Montana has said. I wish the Senate
10 be In a position to take whatever
action we consider appropriate"
Senator Moses of New Hampshire
asked Senator johnson what action he
thought would be appropriate.
MY mind is confused because OF my
surprise at the Presidents message"
responded the Californian.
Senator Moses replied that he sup
posed whatever action the Senator had
Ia mind would be another of the fulfill
ties of the Senate"
McKelIar Wants Vote.
Senator Mcclellan of Tennessee
Democrat, said he, for one, thought the
Senate should vote on the three power
commissioners and reject them.
'I hope to be able to vote them down
q second time" he said
Several of the regular Republicans,
including Senators Bingham of Con-
necttcut Shcrtridge Of California and
Watson Of Indiana, expressed the opin-
ion that without ''the papers" the SEN
ate should not place the nominations
again upon the executive calendar. But
the coalition" rode roughsf1od over
their protests.
When the statement to the press, is
sued by the President, reached the Sen
ate floor Senator Wheeler of Montana,
Democrat, quickly challenged it. He
said:
mo one said the President was favor
ing the power trust. But 1t would seem
now by his actions today that he was
attempting TO protect those who are de-
Tending the power trusts interests and
Furnishing those who are diligently fight
ing for the peoples rights
Senator Shortridge, Republican, Cal
tfornia, heatedly replied that mo one
- justified In reaching that conclusion
and no fact exists which i1gtifies the
Senator from Montana in saying that
TIE President is cooperating with any
trust as against the people"
Wheeler replied he was more justa-
8ed" In reaching such q conclusion than
Ne Senate was seeking to symbolic
2Wst."
Wheeler Threat Serious.
30 far the most serious threat to the
position taken BIZ the President r. the
notice given by Senator Wheeler that
h proposes to cut on the salaries Of
yne three power commissioners wl1en
SaaD independent ofaces appropriation
b11 comes before the Senate The con-
CHrence Of the House, however, IN that
action would be necessary, plus the ap-
pruyal Of the President. If the Senate
stood fast on the matter it might bring
about failure Of the passage of that ap-
prorMiatlon bill 1t the short session Of
Congress and thus force special ses-
sion Of the new Congress, which the ad-
ntnistration wishes TO avoid.
The only way, according to Senator
walsh Of Montana, that the validity Of
the appointment Of the three power
commissioners can be brought into the
courts would be by q refusal OF the
controller general Of the United States.
J. r. McCarl, to permit the payment Of
the salaries Of the commissioners on the
ground that they had not been prop
erly appointed Senator Walsh said he
had no knowledge that would lead him
to understand the controller general
would not pay the salaries, however. A
refusal by that ofdcial to pay would
bring Q suit TO compel him 10 pay.
The President had the final word In
the controversy between himself and
The Senate last night. But there Is
every prospect of bitter debate arising
IA the Senate over the incident when
that body meets at noon tomorrow.
In his statement to the press the
President said he had ben advised by
the Attorney General that the appoint
ments Of the three commissioners were
"constitutionally made. are not subject
10 recall and that the request cannot
10 complied with by me"
Defends COmmissiOn's Right.
The President said that much of the
Senate debate showed that those Sem
AtorS favoring the removal of the COM
n1isSioners were intent upon doing 50,
mot because they are unqualified but
10 insist upon the Senate's own selec-
don Of certain subordinates." He up
held the right Of the Power Commission
20 pick It's own employees without con-
gulting the Senate.
Senate raised the question of the in
dependence of the executive arm Of
the Government In respect 10 the APP
potntment and removal Of executive
o6icials.
MANY Presidents have had to meet
this particular encroachment upon the
executive power In some FORM" said
the President. Every one Of them
has repealed it, and every President has
handed on this authority uninpaired. y
The President praised highly the
Secord Of public service Of the three
Dower commissioners attacked by the
eenate coalition and asserted emphati-
cally:
mot q single member is in the re-
knotest way connected with the power
interests"
Discussing the action Of three COM
ntssioners by which Charles A. Rus
sell, the solicitor, and William v. King
the chief accountant, and F. E. Bonner
executive secretary Of the old Power
Commission, were let out Of office, the
President said:
IAN employees (of the old commits
Gon), including the three men whose
dismissal has been the subject of 81
much controversy, were informed thes
could apply for reappointment and
their qualifications would be examined
] am Informed that the solicitor anc
accountant have applied for reappoint.
sanns,k hut No nckinsa has heer taken b,