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

he Federal PotDer Commission, touotDS
"I have today notified the Senate
that I will not accede to their reso-
luton requesting the return to the
Senate of the resolutions advising
and consenting to the appointment
of Messrs. George Otis Smith, Col.
Marcel Garsaud and Mr.. CLAUDE l..
Draper. members of the Federal
Power Commission.
"I am advised by the Attorney
General that these appointments
were constitutionally made, are not
subject to recall and that the request
cannot be complied with by me. In
any event, the objective OF the Sen
ate constitutes an attempt to dictate
to an administrative agency upon the
appointment of Subordinates and an
attempted invasion of the authority
of the Executive. These as President
I am bound to resist.
It cannot, however, allow q false
issue to be placed before the coun--
try. There is no issue for or against
power companies.
History of Commission.
TT will be recalled that on my
recommendation the Federal Power
Commission was recognized from
the old basis of three cabinet mem
bers giving q small part OF their
time to q full commission OF f1Ve
members, In order that. adequate
protection could be given to public
interest in the water resources OF the
country, and that I further recon-
mended that the commission should
be given authority to regulate all
interstate power rates The law es-
tablishing the new commission be-
came effective last June, although
legislation giving 1t authority to reg
ulate rates has not yet been enacted.
THE resolutions of the Senate
may have the attractive political
merit of giving rise to legend that
those who voted for it are enemies
of the power interests and, inferen-
TALLY, those who voted against it
are friends of the power interests
and 1t may contain q hope Of SYM
bolizing me as the defender of power
interests If refuse to sacrifice three
allow the Senate to dictate to an
administrative board the appoint
ment of its subordtnates, and If I
refuse to allow fundamental en-
enactment by the Senate upon the
constitutional independence of the
Executive. Upon these things the
people will pass unerTing Judgment
Much Of the debate indicates
plainly that those who favored this
resolution are intent upon removing
MeSsrs. Smith, Draper and Garsaud,
not because they are unqualified, but
to insist upon the Senate's own
selection of certain subordinates.
Irrespective Of the unique fitness of
those commissioners for their posi-
tons and before they have given q
single decision In respect to any
power company, they are to be re-
moved unless they are willing to
accept employees not of their chooS-
ing. 1t Is not only the right, but it
Is also the duty Of the commission
under the law, to appoint its own
employees.
Must Take Responsibility.
cit must assume the responsibility
for the conduct of its once. The
fitness Of its subordinates for the
fu1fillment of their respective duties
must be determined by the COM
nisgioners and no honorable man
could accept such responsibilities
upon any other terms. If the APP
pointments Of these commissioners
are withdrawn, 1t Is obvious that
their successors must accept the
Senate's views Of these subord1nates
THE resolution raises the question
Of the independence of the execu-
tive arm of the Government In
respect of the appointment and re-
moval Of executive ofacials. Many
Presidents have had to meet this
particular eneroachment upon the
executive power in some form. Every
one Of them has repelled it, and
every President has handed on this
authority lntmpaired. It reaches to
the very fundamentals of independ-
ence and vgor of the Executive,
whose power comes from the people
alone and the maintenance of which
is vital to the protection of public
interest and the integrity Of the
Consultation.
The President is responsible 10
the people to see that honest and
capable oflcials are employed by or
appointed TO the various admins
trative agencies of the Government.
i do not aDp0int nor recommend