Evening star., 1943-07-15


out of the White House to the
country against the action of Con-
gress in refusing to continue to
supply funds for the salaries of
three officials of the Government
accused of having views of alleged
communistic tendency. There's an
other side to the case.
The President, for instance,
charges that Congress has no right
to cause the removal of these Of
ficials and that it amounts to a
violation of the constitution by SUBJ
iecting the individuals to convic-
ton without trial, known as a bill
of attainder But Congress specified
that Mr.. Roosevelt could appoint
these same individuals next No.
vember to positions requiring con-
firmation by the Senate, when they
will get whatever trial is given any
body who has to stand the test of
senatorial scrutiny as to views, eX-
perience or any other factors.
Roosevelt Set Precedent.
The truth is the real precedent
taken by Congress for refusing to,
continue the three officials in their
present jobs came from Mr.. Roose-
Velt himself, who punished the late
William E. Humphrey for his be-
1iefs and convictions and sumrnar-
lily removed him from office, even
through the President admitted in
his letter to that official that there
was not the slightest reflection on
Mr.. Humphrey or his services.
You will, I know, realize" wrote
the President to Mr.. Humphrey,
that do not feel that your mind
and my mind 60 along together on
either the policies or the admin
istering of the Federal Trade Com
mission"
Congress had specifically insert
ed in the law provision that
enumerated the causes for which a
member of the Federal Trade Com
mission could be removed. These
were enumerated as "inefficiency,
neglect of duty or malfeasance in
Office" 1t was admitted by the
President that none of these was
involved, but merely failure of an
officer of a quasi-judicial body to
have the kind of mind that went
along with the Presidents mind
No trial was held and no charges
were preferred.
Power of Congress Upheld.
The issue went to the Supreme
Court, which said that Congress had
the right to specify by law the
causes of removal and the tenure
of Office and that the power of re-
moval by the President was by no
means unlimited The converse Of
this proposition is that the Con-
gress, as the body which supplies the
funds and passes the5statutes Great
ing governmental Offices, can specify
the length of time they may be held
and can even stipulate who shall
occupy them.
Thus Mr.. Roosevelt himself asked
Congress to pass statute whereby
the same man could hold the office
of Secretary of Commerce and head
of the Reconstruction Finance Corp.
This was piece of special legisla-
ton aimed at permitting one par
tioular individual to be appointed.
The reverse is also true-that Con-
gress may repeal that statute at any
line and cause that individuals
enure to be curtailed. The Con-
,titution says:
The Congress may by law vest
the appointment of such inferior
officers, as they think proper, in the
President alone, in the courts OF
law, or in the heads of departments. "
Punishment Another Matter.
Congress, therefore, at any time
by law can change the tenure and
method of appointment of anybody
in the Government with the eXcep-
ton of those higher officers specif-
tcally named in the Constitution as
subject to appointment by the Presi-
dent alone. The power to prescribe
that an officers appointment shall
require confirmation by the Senate
Is within the constitutional author
ity of the Congress.
All this, however, is entirely un-
related to whether Congress should
use its authority to punish any Off
cisls for their views unless those
views can be related to malfeasance
public office. Just as the Presi-
lent was wrong in removing Mr..
humphrey for his views-though
Is error was violation of the Con-
titution whereas Congress Is acting
4 this case within the Constitution
so Is 1t unwise for Congress to cut
q the salaries of officials for their
pws.
These minor officials often merely
rdect the views of their superior
otcers and 1t is the latter who
sbuld be held to accountability for
thr acts rather than the minor
otcials.
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