Evening star., 1933-10-09
HOLDS HUMPHREY
IS OUT OF OFFICE
Trade Commission Adopts
Resolution Supporting
Removal Order.
Continued From First Page. }

has appointed George c. Matthews Of
Wisconsin, Republican. to fill Hum
phrey's place Influential Republicans
here said they had been informed Mat
thews leaned to the La Toilette faction
Of the G. o. P. in Wisconsin. Senator
La Toilette and former Gov. Philip La
Toilette, his brother. supported Presi-
dent Roosevelt in the presidential cam
paign last year
Republican leaders now in Washing
ton We're not ready to discuss publicly
the Humphrey case. 1t was clear, how
ever. there was serious consideration Of
making the matter party issue.
The removal of Mr. Humphrey by
the President was a raw deal" said one
Of these Republican leaders. Mr.
Humphreys nomination had been con-
flrmed by Democratic controlled
Senate. The Federal Trade Commission
was set up by act of Congress as an
independent and semi judicial agency
Of the Government. Every effort was
exerted to make it non partisan and in
dependent in character The terms of
the commissioners were SO arranged that
not all should end at the same time, and
the commission should be a continuing
body. Provision was made that not
more than three of the five members
should belong to the same political
party. Clearly it was intended that the
Democratic members of the commission
should be loyal to the principles of the
Democratic party and that the Re-
publican members should be loyal to the
principles Of the Republican party.
There was no suggestion that their
minds should run along with the mind
OF the man who happened to be Presi-
dent Of the United States
Contrasted With Lansing Case.
when the late President Woodrow
Wilson ousted Robert Lansing as Secre-
tary Of State he wrote to his cabinet
officer that he found their minds did
not run along together and for that
reason must ask him to give up the
post But cabinet officers lob and
that Of member of the Independent
Federal Trade Commission are two diff
ferent things.
L repeat that the attack on the in
dependence of the Federal Trade Com
mission through the effort to remove
Mr.. Humphrey is raw thing coming
particularly at time when the effort
OF the administration is to line up all
Republicans for the support Of the N.
R. A. and the Presidents recovery pro-
gram
Mr.. Matthews. it was said at the
Trade Commission Offices. has not vet
come to Washington and it was indi-
Gated 1t might be several days before
he arrived here.
II the Republicans decide to make
an issue of the matter and the case
has not been settled by the courts prior
to the meeting of Congress. the matter
will be carried to the floor of the Sen
ate and debated. Republicans may
seek under those circumstances to pre-
vent the confirmation of Mr.. Matthews.
With an overwhelming Democratic
majority in that body. however, the
Matthews nomination would be sure of
confirmation in the end. it is believed.
Act May Be Involved.
How far the Congress can curtail the
right of the President to remove from
Office is a question which the courts will
probably have to decide in this case
The constitutionality of the Federal
Trade Commission act may be involved.
For the law specifies that members of
the commission may be removed for
three causes. incompetence, neglect of
duty and malfeasance in office. The
President has not made charges against
Mr.. Humphrey or given any of these
grounds for removing him. The Con-
stitution gives the President authority
to appoint officers of the Government,
but makes no reference to removal spe-
officially, except to provide that all civil
officers including the President and
Vice President. may be removed by i'm
peachment proceedings. The power of
the President to remove officials of the
Government. however, has been held a
corrollary of his power to appoint in
practice and in court decisions, although
the matter of the Presidents power to
remove from Office has been the subject
OF many debates in Congress since the
beginning of the Government
President Roosevelt was reported as
being prepared to go ahead with his
plans for strengthening the commission.
The commission has been given new
duties under the Federal securities act.
1t has been rumored that eventually the
commission would also be called upon
to help in the enforcement of the N.
R. A. codes. His appointment Of
Matthews, a securities expert. and
James NJ Lands. a Democrat from
Massachusetts, who helped draft the
securities act, are part of the Presi-
dents program.