Evening star., 1935-02-03

day to prohibit promotions of emer-
gency workers in the War Department.
One of Several Rebuffs.
This ruling of the controller gen.
eral followed a succession of incl
dents in which one after another of
the New Deal agencies have been
turned back by McCarl's insistence
on being shown what authority under
the law they had for their projects.
Harold L. Ickes, public works admin
istrator; Rexford G. Tugwell, Under
secretary of Agriculture, and Harry
l.. Hopkins, Federal Emergency Relief
Administrator, are among the spon-
sors of projects that have come to
grief at the hands of the lonely Off
cial who is unconnected with the ad-
ministration, and yet auditor of its
expenditures.
The scheme for a $100,0000O0 Fed
eral slum clearance corporation to be
formed under Delaware laws was
abandoned because of McCarl's re-
fusal to stand for it. The Presidents
plan to put S15,0O0,000 of drought
relief money into his shelter belt prof.
ect Of tree planting on the Western
plains was reduced to S1,000,000 by
his objection. The movement to make
the Virgin Islands guinea pig" for
New Deal experimentation was another
to feel the force of the controller
generals insistence on the letter Of
the law.
Assured Of 15-Year Term.
Attorney General Cummings has
been repeatedly reversed by this
unique officer of the Government who
was set apart by Congress with an
assured 15-year term and no chance
for reappointment and with the statu-
tory Injunction that he was to be
thoroughly independent Of the ex-
ecutive departments" and without
direction from any other officer" his
duties we're to see to it that congress
sional appropriations were spent as in
tended. His difference with New Deal
ers has resulted largely from his un-
willingness to give the appropriation
laws as broad an Interpretation of the
legislative intent as many adminiStra-
ton leaders think would be war
ranted.
1t is understood that the present
discussions in the administration are
concerned more with circumventing
the powers of the controller general
than with removing him, especially
since he goes out of Office auto-
matically on July 1, 1886. However,
the particular memorandum under
discussion now in high quarters ad-
dressed itself to the removabllity of
the controller general. 1t was said
that the tendency to circumvent him
rather than supplant him has the
support Of certain leaders who al
though obviously put out with McCarl
when he nullified some of their prof.
ects. have concluded the fault is more
with the system" than with the
individual.
Issue Up to Congress.
Some cf these leaders are disposed
to concede on reconsideration that
McCarl did nothing more than his duty
under his responsibility to Congress
and could be reversed at any time by
direct appeal to Congress, if any off,
cial cared to raise the issue.
To prepare for a possible head-on
collision with McCarl the admins
tration had Government legal experts
make a detailed study of the exact
extent of the powers and authority Of
his Office.
It has long been the general belief
among officials that the controller
general is not subject to removal by
executive order The statute creating
his ofice provides that appointment
shall be for a period of Is years, the
incumbent not eligible for second
term, and removable only by joint
resolution by Congress or by impeach-
ment proceedings.
McCarl, the first to hold the office,
was appointed by President Harding
in 1921. He was secretary Of the
House Republican Campaign Com
mittee. Before that he was secretary
to Senator Norris, Republican, Of
Nebraska.
Custer Held Possible.
In their memorandum the legal au-
thorities declared that notwithstand-
ing the statutory provisions regard
ing the removability of the cont,oller