The Waterbury Democrat., 1931-04-15
NEA Service Writer. I

| Washington.-The federal power lcommission's unanimous decision in
 the New River case, commonly in-
 terpreted as a splendid victory for 1.-the people" over the power trust 2
 has shifted attention to an offshoot
 of the long and bitter power war (which has brought President Hoover Unto violent conflict with the senate. The power commission refused to lgrant the Appalachian Power com lpany a "minor part" license, which
 would have freed the company's s proposed $11,000,0OO development on the New River of federal regu-
 lation. Attorney General Mitchell, lin an opinion which questioned the constitutionality of the federal
 water power act, had held that the license and if it had done so the action would have been regarded as vital blow at federal regula- tion. zss8gsS 4. | That was the second important thing the commission had done since it's appointment few months ago. The first thing it did was to fire Solicitor Charles A. Russell and Chief Accountant William ". King, who had been trying to keep the power companies honest in their grabs for power sites under federal control. and it was that first act, which has forced Chairman George Otis Smith to fight for his job in the federal courts.
 Senate Withdrew Approval
 Just before the Christmas holi- days. the nomination of Smith and Commissioners Draper and Gar saud to the commission were con- firmed by the senate. It organized Immediately and fired Russell and King. As soon as the senate had reconvened, Senator Walsh of Mon tana moved to recall the nomina- tions and reconsider them, contend ing that the senate rules permitted reconsideration within two execu- tive sessions of the senate follow ing a vote of confirmation. The senate voted to ask the president to send the nominations back and Hoover refused with what his sup porters called "a stinging rebuke, !" decrying encroachments on the executive power and the alleged ef- fort to brand him as friend of the power interests. The senate then went ahead, reconsidered the nomi- nation of Smith and rejected it.. Smith sat tight, backed by Hoover, and the senate began custer pro- ceedings in the District of Columbia courts. 4. ss5.9. Smith and his colleagues are now being praised for their New River decision by the progressiveS and other friends of federal regulation who howled loudest when they dis charged Russell and King. But de- spite the rejoicing over the fact that the commission decided not to abdicate the powers granted 1t by congress, the senate has 8 bone to pick with the president and a tfi- rect issue of. power between the executive and legislative branches Is going to be decided.
 King Got Job Back
 Another sidelight on the original issue is that King has been taken back to his old job while Russell, who was louder and noisier but also able, honest and more effective than King against the trust" had to so looking for a job and had T hard time landing anything until Governor Roosevelt of New York engaged him as his legal adviser on power problems. | Former Senator George Wharton Pepper of Pennsylvania and Attor- ney General Mitchell will appear for Smith and argue his right to the job. Mitchell will act as a friend of the court"
 Pepper, who will act as Smiths counse1. was counsel for Postmas- ter Myers of Portland, Ore. in q case which was the last important legal clash between congress and the president.
 Myers was removed from office by President Wilson and argued in the courts that a postmaster con- firmed by the senate couldn't legal ' ly be removed without senatorial action. He lost. If he had won the senate would have been given a powerful club to hold over the Administration.
 \ Smith Case Not So Important
 The direct issue in the Smith case isn't nearly as important, de- lspite the bitter feeling which 1t aroused in the last session of con- gress. John w. Davis acting as counsel for the senate, will not sus- gest that the upper house has the power to recall presidential ap- ] ipnintfas after rnnll lrnaatlon, He