Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-06-10

The press is almost as undivided
as the Supreme Court itself in ap-
proving the decision that the late
William E. Humphrey was illegally re-
moved from the Federal Trade Com
mission. Mr. Humphrey was ousted
by President Roosevelt because he felt
that the conservative Republican
member would be out of step with
New Deal policies. and the case was
carried to the high court notwith-
standing the death of the principal
figure a few months after the fight
began.
In the opinion OF the New York
Times the decision merits a prom
inent place in American constitutional
history" establishing "a limit to Ex-
ecutive domination" The Providence
Bulletin holds that the court has pre-
served basic principle. the independ-
ence of commissions upon which diff
fering viewpoints should be repre-
sented." The South Bend (Ind)
Tribune observes that many regard
the decision as vitality important" and
the Flint (Mich) Journal views the
case as "a new milestone in limiting
the authority of the Chief Executive
to change commissions and install
men Of his own choosing"
Fortunately" says the Chicago
Journal of Commerce, cit should put
new spirit into the members of COM
missions which were created to act
as a check on Executive judgment"
The Eureka tCalif.) Humboldt Times
thinks 1T means the United States
Government is still government of
divided powers and not a Dictator
ship" However, the Scranton PA
Times points out that the President
can, as heretofore. remove at will,
postmasters and others who might be
termed units in the executive de-
partment.'
The court decided" the Oshkosh
fWis) Daily Northwestern explains,
that the Federal Trade Commission
is a quasi judicial body and that
Congress intended it to be free from
political coercion or restraint, in which
case tenure could not be affected by
policy. The stand of the court is
sound, for no matter how commend
able the desire of the President to
have sympathetic cooperation in this
instance, there was and is danger in
any such power of removal outside
the particularly designated causes, in
efficiency, neglect of duty or malfeas-
ance in Office. Such precedent as
the Humphrey dismissal set might
result in future in situations haz-
ardous to representative government"
This posthumous victory" declares
the Canton (Ohio) Repository, de
fines partially the Chief Executives
power of removal. 1t Classics the
Federal Trade Commission as an
agency of the legislative and judicial
departments, rather than as an agency
of the executive department, which
apparently has been the -iew of Pres
idents Coolidge, Hoover and Roose-
welt. At a time when the commission
is being given prominent mention as
an agency to exercise the power over
business and industry Involuntary re-
linquished by the executive depart
ment, the Supreme Courts ruling is
timely"
IF independent. quasi-judicial regu-
latory agencies are to function as they
should" the Kalamazoo Gazette in
sists, their members must be free
to exercise their own judgment with
out fear of political pressure or him
drance. Their tenure of office must
not be subject to the mere pleasure
or displeasure of the President or any
one else. Broadly considered, the
courts decision in this Humphrey case