Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-10
The Power Commissioners.

The Power Commissioners.
The Senate, by vote of A to 81
has sought to remove from Office
three members of the Federal Power
Commission after they have been duly
appointed and commissioned by the
President. None of the Senator's who
voted last night to request the Presi-
dent to return to the Senate the nomi-
would hold that the President had in
any way violated precedent or the law,
after he had been officially notified that
the Senate advised and consented" to
They have insisted, however, that the
Senate has the right to call back the
nominations of the commissioners be-
cause the motion to reconsider and re-
call was made within the first two lex
ecutive" sessions of the Senate after
confirmation.
1t is now contended that the Sem
ate, as the journal of its executive
session shows, waived the rule when on
December 20 it sent to the President
notice of the confirmation of the nomi-
nations. Senators who demanded the
recall of the nominations, by their OBJ
lection last night to sending to the
President notice of the confirmation Of
other nominations, acted upon ester
day by the Senate, gave emphasis to
the argument that in acting on the
power commissioners nominations orig.
inally they had waived their rule and
given the President authority to go
ahead and appoint" and commission
the power commissioners.
The President, having acted within
his rights, is now asked by the Senate
to rescind that action and return to the
Senate the nominations of the power
commissioners. If the President accedes
to the request, he establishes prece-
dent which may rise to plague the Ex-
ecutive in the future in its dealings with
the Senate, which is constantly seeking
to encfoach upon the authority of the
Executive, as has been shown over a
long period of years. 1t is not the part
of the Senate to retire from Office Of
ficials of the Government after it has
advised and consented" to their APP
pointment, and these officials have been
appointed and commissioned by the
President in accordance with the law.
That is a function allocated to the
Chief Executive. Impeachment pro-
ceedings for malfeasance in Office may
be instituted in the House, and, If de-
termined upon by that body, may be
tried by the Senate.
Politics lies at the bottom of the pres
emit controversy between the Senate and
the Chief Executive. Also a desire on
the part of opponents of Mr.. Hoover to
make the so-called water-power issue
paramount in the campaign Of 1882
and to align Mr.. Hoover with the So
called power trust and against the in
terests of the general public. The OPP
ponents of the administration seized
upon the fact that the three power
commissioners-to whose appointment
a majority of them had advised and
consented"-had let out Of ONCE two
oficials of the old. Power Commission
who were declared to be antagonistic to
the power interests. It is true that at
the same time the commissioners had
declared vacant the office of executive
secretary, held by F. E. Bonner, char
acterized by many of the Senator's as a
friend of the power interests.
Never before, so far as the records
have revealed, has the Senate under
taken to remove from office by the re-
consideration route officials TO whose
appointment it has advised and con-
scented, after appointment has been
made by the President in due form. II
the President declines to send the names
of the commissioners back to the Sem
ate, holding that he cannot waive the
powers Of the executive relating to dis
missal, there appears to be nothing the
Senate can do about the matter, al
though it might by some device be car
ried TO the courts for final determina-
ton. 1t has been suggested that the
Senate. in its wrath. may withhold APP
preparations for the members of the
Power Commission. But in such action
1t must have the concurrence OF the
House. 1t is doubtful if the House
would undertake to upheld the Senate
in its course with regard to the power
commissioners.
The Senate's action last night appears
to be notice to any and all who are
appointed TO serve on the Federal Power
Commission that they must retain in
service subordinate officials whom the
coalition" desires to have retained. II
that is to be the dictum. the only course
for the President to follow would be To
appoint Messrs. King and Russell, the
two officials in question, as members Of
the Power Commission.
The passing of the old market house
will cause many regrets Yet in view