Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-11
President, in Statement,
Charges Politically Inspired
Effort to Raise a "FaISe"
Power Issue.
NOMINATIONS RESTORED
TO EXECUTIVE CALENDAR
Continued Battle Seen, But Next
Action Doubtful-White House
Message Asserts Prerogatives of
Office Are Not to Be Sur
rendered.
BY G. GOULD LINCOLN.

President Hoover yesterday de-
clined to send back to the Senate
the nominations of Chairman
George Otis Smith and Commits
sioners Draper and GarSaud Of the
Federal Power Commission.
This means that the Federal
power commissioners will be kept
on the job despite the reconsider
alton by the Senate of the votes
by which that body confirmed
their nominations.
At the same time the President
charged the Senate, when it
sought the return of these nomi-
nations, with attempting to raise
"a false ISSUE"
Companies No Issue.
He declared there is no issue for or
against power companies" in the reten-
ton of the power commissioners on the
job, and added
THE resolutions of the Senate NAV
have the attractive political merit of
giving rise to legend that those who
voted for it are enemies of the power
interests and inferentially, those who
voted against it are friends of the
power interests, and it may contain
hope of symbolizing me as the defender
of power interests if I refuse to sacri-
fee three Outstanding public servants
and allow the Senate to dictate to an
administrative board the appointment
of is Subordinates, and If I refuse to
allow fundamental encroachment by the
Senate upon the constitutional indie
pendence of the Executive.
Upon these things the people viii
pass unerring judgment"
The foregoing is a quotation from a
statement issued by the President to the
press. In conclusion, the President said:
Il regret that the Government should
be absorbed upon such questions as the
action of the Power Commission in en-
ployment or unemployment OF two
subordinate officials at time when the
condition of the country requires every
constructive energy"
The Senate has had the matter of the
Power Commission appointments before
1t almost the entire week, to the ex-
clusion of other business.
Senate RetaIiates.
In his formal message to the Senate
the President said, after reciting the
various steps which led up to his COM
missioning the three power commits
gioners:
Il am advised these appointments
were constitutionally made. /
cannot admit the power Of the Senate
to encroach upon the Executive tunc-
tons by removal Of a duly appointed
executive officer under the guise OF re-
consideration of his nomination. re-
Rret that must refuse 70 accede TO the
request"
When the Presidents message was
read TO the Senate, that BODY promptly
retaliated by restoring TO the executive
calendar of the Senate the mountainous
of the three power commissioners.
Under these conditions the nomlna-
lions may be called up and rejected at
any time by the Senate.
What course the Senate will now pur-
sue remains to be seen. Senator Waisn
OF Montana, author OF the motions
adopted by the Senate Friday night re-
considering the votes by which +, the
Senate confirmed the nominations OF
the three power commissioners, ex-
pressed the opinion during the debate
in the Senate yesterday that 1t would
be impossible to take the question
whether the power commissioners prop
erly held Office into the courts. If that
were the case, he said, it would be
futile thing for the Senate now to reject
the nominations
Senator Walsh moved, however, TO re-
store the three names TO the executive
calendar. His motion was carried BY
a vote of SO to %, with the old coalition
of insurgent Republicans and Demo
cra.s uniting against the regular Re-
publican forces and few Of the Demo.
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