Evening star., 1939-02-09

y z q j o ~ ~
amendments only as to numbers, has
the same language today as 1t had in
1887, when 1t was first passed. 1t
says:
mot more than six commission
ers shall be appointed from the same
political party"
There are at present six avowed
Democrats on the Interstate Com
merce Commission out of the II
members. The vacancy to which
Mr.. Amlie was appointed was held
by Republican.
Was there, then, compliance with
the law when Mr.. Amlie was ap-
pointed? His record in politics is
q matter of public evidence now,
for he has testified that in 1882 and
also in 1886 he voted for President
Roosevelt. Usually in seeking to
determine the political status of
voter, especially as to questions OF
participation in party primaries, 1t
Is generally recognized that what
ever a man voted in a previous
election has some bearing on how
he should be classified politically.
Plainly Not a Republican.
Likewise evidence has been brought
forward by the persons in active
charge of the Democratic party in
Wisconsin that Mr.. Amlie is not af-
fliated with them. Indeed, the
chairman of the Democratic State
Committee In Wisconsin is on record
Is opposed to the nomination,
whereas the Young Democratic Club
OF that State has publicly Endorsed
Mr.. Amlie.
Certainly whatever relationship
Mr.. Amlie bears to the Democratic
party, he is plainly not Repub-
Ncan, and by that term is meant
member of the major party known
as Republican.
The statute could, of course, be
construed to mean that minor par
ties could be taken into considera-
ton, but this would seem to involve
aff1liation with a party which has
its own candidates for President.
Since Mr.. Amlie voted in the last
two elections for Mr.. Roosevelt, he
will be regarded by most disinter-
ested observers as of the same polit-
ical faith as the Democratic party
members.
Technical reading of the law
might justify the impression that 1t
means that not more than six men,
bers shall belong to one major party.
and that it does not matter to what
party the others belong. If in
deed to any party. But this mat
ter Of bipartisan commissions is not
founded on technicalities. 1t rests
on the broad conception developed
by Congress itself, namely, that an
independent commission is a crea-
ture of Congress, and that certain
legislative powers within prescribed
limits can properly be delegated to
such commission, because there
is both majority and minority polit-
ical representation on the commits
sion.
Seeks to Prevent Abuses.
In other words, the public interest
Is protected by haying opposite po-
Ntical party members on the COM
mission. The assumption is that in
this way the commission cannot
abuse its power on behalf of the
majority party at any time. This
problem of giving the minority party
adequate representation on inde-
pendent commissions has become
most perpleXing because the spirit
of the law has been violated again
and again by Presidents who have
sought to find persons in sympathy
with their views among members Of
the opposite political party. In pres
ent-day cleavages as between con-
servatism and liberalism, party lines
are often disregarded by the voters,
but the law with respect to the ap-
pointment of members of the Inter-
state Commerce Commission still
refers to political parties as such.
So while it is true that the Presi-
dent has the appointing power, the
Senate may justify its refusal to
confirm Mr.. Amlie on the ground
that the spirit of the law has not
been complied with in the appoint
ment Of some one who has for eight
years voted with the Democratic
party and cannot point to any tHhe
in recent years to his afflliation with
the Republican party.
If the Progressive party had been
Q national party, with its own can
didates for the presidency in the
last two elections, Mr.. Amlie would