The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-10-07
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are subsidiaries of that same COM
pany.
The federal power act provides
that the commission may require
directors of one power company to
divest themselves of connection
with any other power companies
one of the strongest features of the
law. The commission is empowered
to make its own investigation OF
these interlocked directorates and
then on its own motion may require
such directors to appear and give
the commission satisfactory reasons
why they are holding places on the
boards of more than one corpora
ton. This also is a sound provision
of law and undoubtedly works to the
benefit of all consumers of light and
power.
Before I proceed further, let it
be definitely understood that I have
not great deal of respect for the
Associated Gas and Electric COM
pany. Its record does not warrant
my respect as an observer. Un-
doubtedly, however, its manage
ment complies with the terms of its
corporate charter but as great
public utility it has obligations to
the public beyond the terms of its
charter and it is my opinion that
the moral obligations are such that
this age demands full observation Of
them.
This brings us to the crux of the
power commission action. Late in
September Vice Chairman Seavey
of the commission had ordered the
group of directors referred to above
to show cause why they should not
be compelled to relinquish various
positions on other boards of direc-
tors. A hearing date was set. A
few days before the hearing date,
the directors in question resigned
the positions to which the commits
sion objected and then their attor-
ney issued statement which said.
in effect, that they had resigned
because they were convicted In the
minds of the commission before the
commissioners had heard the case.
He used rather strong language,
perhaps too strong in expressing his
views.
Upon publication of the attorneys
statement, Vice Chairman Seavey
promptly ordered him to appear be-
fore the commission to give his
reasons for the statement and to
defend himself against disbarment
from practice as lawyer before
the commission.
Now, lest / be misunderstood, I
do not know the attorney, Mr.. Pax
son; know nothing about the mer-
its of the case in question. But it is
significant that an agency of the
government suddenly decides that it
can prevent man from earning his
living because he criticized men,
bers of that agency.
It may be that the commission
must have some means of defending
itself against criticism; it may like
wise be that Mr.. Paxson was out
of bounds with the things he said,
and it may be that the nation wants
to see federal agencies given power
to control the speech of individuals
who dare to say what is in their
minds. I cannot believe that is true.
I cannot believe that it is a sound
function of government under our
American system for a federal
agency to use or even to have power
that can be employed to prevent
criticism of policies of the men
temporarily in power.
Bringing the case closer home: if
federal agencies are going to use
power to prevent free speech on the
part of those with whom they come
in contact, then, it seems only
short step to the point where that
same agency can say to me as a
writer: Don't you criticize US;
we will throw you in jail if you do"
call attention to this general sit
uation because, as I said at the be-
ginning, I think it is a dangerous
trend in government. think it is
time for congress to awaken and
use some caution in the powers it
delegates to executive agencies.
Occasionally, situations develop in
national politics that provide real
laugh. One of
Just a them is now at
Big Laugh hand. 1t results
from the nasty
controversy that swirls around the
head of Hugo Black of Alabama,
newly appointed associate justice
of the Supreme court, who is
charged with being member of the
Ku Klux Khan.
Terrible as is the charge and
worse if it eventuates that Mr.. JUS
tice Black still is subject to the oath
of the invisible empire, there is hui
NOR in the way a lot of senators
and other government officials are
running to cover. It has been al
most scramble among Democrat
ic senators to let the public know
by issuing statements that they
would not have voted for Senator
Blacks confirmation as member
of the court if they had known he
was a klansman. It makes one
laugh again when one recalls how
carefully the majority of the Demo-
Gratis in the senate refused to hear
evidence or hold any sort of hear
ing concerning Mr.. Blacks qualif-
cations. They did this by voting
down a motion for hearings.
It is not pleasant to contemplate
how the senate so many times
passes on judicial appointments
with the carefree abandon of a boy
on his way home from school. The
senate seldom has made a real ex-
animation of appointments sent w
it by any President. If the President