Evening star., 1947-08-18

the. published reports of what he
said are correct, the Senate may re-
fuse to confirm any of the members
Of the new board unless they state
forthrightly that they do not accept
Presidential dictation or influence in
making their rulings.
Last week when the members of
the board visited the White House,
there were reports that President
Truman had outlined his belief that
the board was an executive" agency
or that 1t was a part of the "execu-
tive branch of the Government"
and It was stated that Mr.. Truman
quoted the members of the board as
agreeing with him. This seems in
credible.
Created by Congress.
Now 1t is quite possible that Mr.
Truman is quibbling about the word
executive" for, Of course, there are
only three branches Of the Govern
ment and heretofore the indepen-
dent commissions and boards have
always been shown on governmental
organizational charts as line STEM
ming from the Chief Executive. This
has been primarily because the Pres
ident appointed the members OF such
boards.
Actually these boards and COM
missions, however, are creatures OF
Congress and responsible to Con-
eress. The board members cannot
be removed except as spec!f1ed IN
the statutes setting up such agencies
The decisive case covering the is
sue. now being raised is known as
"Humphrey's Executor VS.. the United
States" 1t was handed down by
unanimous Supreme Court on May
27, 1885. 1t involved the arbitrary
removal of William E. Humphrey,
Republican, from the Federal Trade
Commission by the then Chle1
Executive. President Roosevelt had
written a letter asking Mr.. Humph-
rev to resign, stating that "t,ne aims
and purposes of the Administration
with respect to the work OF the
commission can be carried out most
effectively with personnel OF my own
selection" The letter specifically
disclaimed any reflection on the
commission or on his services.
When Mr.. Humphrey refused to
resign, he was removed by means
of a letter which said: "You will,
I know, realize that I do not feel
that your mind and my mind go
along together on either the policies
or the administering of the Federal
Trade Commission"
Independence Cited.
The Supreme Court opinion point
ed out that the Federal Trade Com
mission was created by Congress as
"a body which shall be independent
of executive authority, except in its
selection, and free to exercise It's
Judgment without the leave or
hindrance of any other official or
anv department of the Govern
mert." The court also said:
TO the extent that it (the COM
mission) exercises any executive
function as distinguished from
executive power in the constitutional
serse-it does so in the discharge
and effectuation of its quasi-legis-
lative or quasi judicial powers, or
as an agency OF the legislative or
judicial departments Of the Govern
ment."
The law creating the National
Labor Relations Board is even more
carefully written to eliminate execu-
tive control than is the Federal
Trade Commission Act. For the
Taft-Hartley Act, after fixing for
definite periods the tenure OF the
members, says: ANY member of the
board may be removed by the Presi-
dent, iron notice and hearing, for
neglect of duty or malfessance in
office, but for no other cause"
The duty" and "malfeasance"
terms are we'll recognized as cover
ing behavior or conduct other than
the expression of views in formal
opinions.
The truth rs that Congress has
delegated to the National Labor Re-
lations Beard quasi-legislative as
we'll as quaSi-judicial functions.
Presidential interference in those
functions was simply never con-
templated by the lawmakers, as the
debates will show.
Congress, on the other hand. can
not interfere with the day-by-day
opera tons or functioning of the
board 1t is certain that published
reports that the joint congressional
labor committee would run the board
or direct its rulings are merely the
imaginings of those who want to
discredit the congressional commit
tee The latter, however. will have
the right to make Investigations of
the work of the board in the future
as congressional committees have in
the past.
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