Evening star., 1938-07-07

M"CH &c IeHLOUIHy LIT. ATtHuT T..
Morgan as chairman OF T. V. A.
after DR.. Morgan accused Directors
Harcourt A. Morgan and Dauid E.
Lilienthal OF hampering admins
tration OF the agency. He refused
to discuss 1Dith the President basis
OF his accusations. DR.. Harcourt
Morgan Uas named as successor.
BY the Associated Press.
KNOXVILLE, Tenn, July 7-Dr
Arthur E. Morgan in chancery court
action on file here today challenged
authority Of the President of the
United States to remove him as chair
man-director of the Tennessee Valley
Authority.
The engineer-educator asked that
the presidential order ousting him
last March % be declared void and
illegal.
He also asked that T. V. A. Director
David E. Lilienthal and Harcourt A.
Morgan, present T. V. A. chairman, be
ordered to recognize him as fellow
director and as chairman of the vast
valley development project.
This sudden move by the former
Antioch College president came late
yesterday while congressional COM
mlttee prepared to start Monday an
investigation of T. V. A. activities-an
investigation precipitated by DR.. Nor
gan himself.
Defied President.
The former chairman several
months ago threw Congress into
furore when he accused his associates
Of hampering efforts to secure hon
esty, openness, decency and fairness"
In administration of the T. v. A.
He then openly defied President
Roosevelt by refusing to discuss with
him the basis of his accusations, as
sertlng that only a congressional in
quTy could remove "a menace to good
government"
President Roosevelt removed DR.
Morgan from Office for refusing to
submit" to demands for facts, for "ob-
structlng the work of the T. V. A."
and for openly making grave and
hoelous charges of dishonesty and
want of integrity" against his asso-
ciates.
In the suit filed yesterday, DR..
Morgan asserted the action of the
President of the United States did not
and does not constitute a removal of
the complainant from the said office
nor lawfully deprive him of nor affect
his right to the emoluments thereof,
nor his right to perform and discharge
the functions of the said Office"
He asked back salary of S2,91666.
Also, the deposed chairman asked that
the appointment of Harcourt Morgan
to the chairmanship be declared
wholly invalid, void and without au-
thority in law"
U. S. Opposition Expected.
The Government was expected to
oppose the suit, which named the T,
V. A. and both Harcourt Morgan and
MIR. Lilienthal as defendants.
Attorneys here explained the suit
was not filed in Federal Court because
the amount of money involved was
less than $4,000 They said the
United States Court of Appeals at Gin
cinnati had held the T. v. A. could
be sued as corporation wherever it
has its general offices.
Comment on the suit from an official
Government source was not imme-
diately forthcoming Robert H. Jack
son, now solicitor general, but former
ly Acting Attorney General, previously
had advised the President that he had
authority to oust DR.. Morgan.
The former chairman declared at
the time of his custer that the T. VA.
Act did not give the President power
OF removal without concurrent resolu-
ton of the Senate and House of Rep
resentatives.
In Columbus, OHIO, last night DR..
Morgan said The act creating the
T. V. A. never was intended to give
the President power to remove board
members"
Senator Vic Donahey, Democrat, OF
Ohio, chairman of the Congressional
Investigating Committee, arrived here
yesterday to direct preliminary WORK
before other committee members as
semble Monday for a five-day inspec-
tion tour of T. v. A. properties.
He made no comment regarding Dr.
Morgans suit.