Evening star., 1942-01-05

Writer Soys Presidents Power
May Be Limited to Tronsfer
Of kotionoI Legislature Itself
BY C. A.. Quattlebdum.
Although Congress specifically has
authorized President Roosevelt to remove
any public ONCE from the seat of Gov
ernment in time Of epidemic of con-
tagious disease, nevertheless In case Of
other emergencies endangering life (such
as war;, the only agency which he spe-
cifically is authorized to remove is Con-
eress ITSELF Omitted States Code, 2.27
and 48)
This and other interesting facts have
been revealed by legal research relative
to the current controversy over transfer
Of certain Federal agencies from WASH
ington to other localities.
The Chief Justice. or senior associate
justice. of the Supreme Court may ad-
journ the next session of the court to
some other convenient place, whenever
q contagious or epidemic sickness makes
it hazardous to hold the session at the
seat Of Government. Omitted States
Code, 421l3)
A careful search Of Federal law has
disclosed no provision other than these
authorizing removal of any Federal
agency from the seat Of Government.
Congress specifically has directed that
each Of the executive departments
(other than the Department Of Labor
and = number Of other agencies be To-
Gated at the seat Of Government Some
Of these agencies are: Civil Aeronautics
Authority (Act Of June 23. 1889, Civil
Service Commission (Act of January 16,
1889, Farm Credit Administration (Act
of June IS, 1920, Federal Crop Insurance
Corp. (Act Of February Is, 1889, Federal
Reserve System, Board Of Governors
(Act Of June 16, 1889, Federal Power
Commission (Act Of June g. 1880, Inter-
state Commerce Commission (Act Of
February 4. 1880, National Labor Rela-
tions Board (Act of July S. 1885, and
the United States Housing Authority
(Act Of September l, l93D. In some
cases agencies legally may have branch
Offices elsewhere while maintaining their
principal of1ces In the District OF Co
lumbia.
One Of these bureaus, namely, the
Interstate Commerce Commission, was
mentioned in . letter from the Mer-
chants Association of New York to
President Roosevelt made public May 1s.
194l. The letter said. in part: We
recommend that consideration be given
to the transfer to New York Of such
agencies as the Maritime Commission
and the Interstate Commerce Commis-
sion. Such transfer would enable those
agencies to turn over their existing
Washington facilities to the emergency
defense activities in that city"
An article headlined Decentralization
Of Federal Agencies" in the New York
Journal Of Commerce on December II,
1s4l, stated: The Interstate Commerce
Commission, the Securities and Ex-
change Commission, the Federal Trade
Commission, the Federal Reserve Board
and many others (of the peacetime
agencies) can function just Is well. If
not better. from New York or Chicago
as from Washington"
Since the Department Of Agriculture
Is required by act Of Congress to be
maintained at the seat Of Government
Omitted States Code. 5.51D, the execu-
ton of certain proposals which have
been made for removing that department
to Chicago apparently would require an
act of Congress The Congressional
Record for May 9, 194l, contains an
extension Of remarks Of Representative
Anton F. Maciejewsh of Illinois, in
cluding the following interesting state
ment: Mr.. Speaker. the idea Of de-
centralizing Washington Is spreading
rapidly. I mention this for the reason
that during the past several days edi-
torials have appeared in the Chicago
Daily News advocating removal Of the
Department of Agriculture to the city
Of Chicago.
I'VE all know that in recent months
Washington has been transformed by
the defense program into one Of the
country's congested cities. BY moving
out Of the city into an area of the
country where its principal business Is
transacted the Department of Agricul-
ture, the Government would acquire
immense ONCE buildings and could at
the same time partly Offset the general
over-crowded condition that prevails in
the Capital City today"
Congress has provided that the Dis
trict Of Columbia shall be the perma-
nent seat Of Government Of the United
States Omitted States Code. 46 and
that "all ofnces attached to the seat Of
Government shall be exercised in the
District Of Columbia, and not elsewhere,
except as otherwise expressly provided
by law" Omitted States Code. 4.7)
It therefore would seem clear that
departments and other agencies which
Congress specifically has directed shall
be located at the seat Of Government
cannot legally be removed from the
District. Of Columbia without an act Of
Congress to that effect. However. there
may be some question as to whether or
not any certain bureau or division in
such departments (such Is the Patent
Once in the Department Of Commerce)
could be removed without specific con-
gressional authority, while leaving the
oflce Of the Secretary in Washington.