Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-24
COURT PLAN
COMES UP MONDAY
Judiciary Committee to Act
on New Move to Dust
Commissioners.

The Senate Judiciary Committee on
Monday will consider the Walsh reso-
luton directing that United States At
torney Leo A. Rover bring legal pro-
ceedings to test President Hoover's
right to retain three members of the
Federal Power Commission. This was
ordered by Chairman Norris after the
Senate late yesterday. by vote of As
to 80, moved to carry through the
courts its battle with the President
over the three members.
The vote was on the question OF
sending the nominations back to the
Senate Interstate Commerce Commit
tee.
Senator Walsh, Democrat, of Mon
tana, leader of the fight to remove the
commissioners. Immediately introduced
the resolution after the Senate had
voted. Chairman Norris has predicted
its approval, expressing himself also
that he was confident the issue, with
out precedent in American history, will
now be settled in the courts.
Mitchell Reveals Opinion.
The conflict was precipitated by
President Hoover'S refusal to return to
the Senate notification of the confirma-
ton of Chairman Smith and Commits
sioners Garsaud and Draper after the
Senate had reconsidered confirmation.
The President said the Senate was
attempting an invasion of his executive
authority.
Shortly after the Senate's action yes
49,
public his advisory opinion on which
Mr.. Hoover based his refusal to COM
ply with the Senate's demands.
The Attorney General informed the
President that his return of the papers
to the Senate would serve no lawful
purpose because no action which the
Senate could now take would disturb
or operate to revoke the appointments. -
Senate debate on the recommittal
motion yesterday brought a renewal of
charges that the Power Commission
had dismissed its solicitor, Charles A.
Russell and accountant, William v.
King, because of their fight against
fictitious valuation claims of the power
companies.
DiSmissals Based of Fight.
The charge was made and denied
that the dismissal of these two employees
and the employment in the Interior
Department of Frank E. Bonner, execu-
tive secretary, who also was dismissed,
indicated the administration was
friendly to the power interests"
Walsh and other leaders of the re-
call movement have based their case
upon the charge of the three new power
commissioners dismissed Russell and
King for doing their duty"
The Montana Senator said Russell
and King had uncovered fictitious val
uation claims Of power companies
amounting to $100,000,000.
Senator Wheeler, Democrat, Montana,
said the only conclusion which would
be drawn from the dismissal of Russell
and King and the employment of Bon
ner in the Interior Department was
that the administration supported Bon
ner's views "favoring the power COM
panies"
Chairman Couzens said there was no
basis for such conclusions.
Norris said the commissioners dis
miSSal of Russell and King means
more to the American people than any
action taken by a subordinate official
in so years"
Bonner Case Cited.
He estimated the power companies
would make claims Tor $500 100000 In
the kind of fictitious and dishonest"
valuations Russell and King had been
fighting, and the American people
would be called upon to pay premiums
upon these false valuations for so years.
Chairman Couzens of the committee
to which the names were sent, said he
planned to take no action on them
pending the proposed court action.
Meanwhile, however, the proposal
was made the nominations should be
recalled from the committee and for
mally rejected by the Senate in order
to strengthen its case in court.
Senator Borah, Republican, Idaho,
took the view the Senate's case would
be weak in court unless it actually re-
jected the nominations.