Evening star., 1938-03-23

the legislative history Of the Federal
Trade Commission Act as indicating
. purpose of the Congress to secure
the maximum independence of the
commission from executive inter-
ference and control.
These distinguishing factors are
not present in the case of the Ten
nessee Valley Authority. 1t does not
exercise quasi-legislative or quasi
judicial functions. and the legisla-
tive history Of the Tennessee VAL
ley Authority Act contains no such
indications of purpose on the part
OF the Congress to restrict the Pres
ident's ordinary power to remove
executive officers appointed by him.
The following provisions of the
Tennessee Valley Authority Act (48
Stat. So, so. 63) are the only statu-
tory provisions bearing upon the
question:
Sec. 4. 90 The board shall Sc
lect a treasurer and as many assist
ant treasurers as it deems proper,
which treasurer and assistant treas
urers shall give such bonds for the
safekeeping of the securities and
moneys of the said corporation as
the board may require: Provided.
that any member of said board may
be removed from Office at any time
by a concurrent resolution Of the
Senate and the House Of Repre-
sentatives.
Sec. 6. In the appointment of Of
flcials and the selection of employees
Tor said corporation, and in the pro-
motion of any such employees or Of
ficials, no political test or qualifica-
tion shall be permitted or given
consideration. but all such appoint
ments and promotions shall be
given and made on the basis of
merit and efficiency. Any member
OF said board who is found by the
President Of the United States to
be guilty of violation of this sec
ton shall be removed from Office by
the President Of the United States" )"
Senate House Removal "a tr
Held Not Exclusive.
The provision in section 4(D
that members of the board NAV be
removed by concurrent resolution
OF the Senate and House does not.
and could not have been intended
to. provide an exclusive means of
removal. This Is demonstrated bv
the provision in section 6 that under
certain conditions the President
shall remove. Perhaps the most
that can be said Of the provision in
section 40, under the circum-
stances. is that it was intended to
provide method of removal by the
legislative branch in addition to the
more cumbersome method of re-
moval by impeachment.
The provision in section 6 that
the President shall remove members
OF the Tennessee Valley Authority
Board for violation of the inhibition
against appointments and promo
tions for political reasons cannot
be construed as an intendment with
statutory force that he shall not
remove them for other causes. To
authorize the President to remove
q director for mere considera ton of
a political Endorsement in appoint
ing minor employe and yet to
deny him the power to remove a
director for more substantial causes
(perhaps amounting to malfeasance
IN the highest degree) would be an
absurdity-and the rules of con-
struction do not permit an inter-
pretation which would attribute to
the Congress the intendment OF an
absurd result.
1t Is my opinion that you have
the power to remove members of the
Tennessee Valley Authority from
ONCE. Respectfully,
ROBERT H. JACKSON.
Acting Attorney General.