Message to the Senate Refusing to Return Senate Resolutions of Advice and Consent for Appointments to the Federal Power Commission.
To the Senate of the United States:
I am in receipt of the Resolution of the Senate dated January 5, 1931, "That the President of the United States be respectfully requested to return to the Senate the resolution advising and consenting to the appointment of George Otis Smith to be a member of the Federal Power Commission, which was agreed to on Saturday, December 20, 1930".
I have similar resolutions in respect to the appointment of Messrs. Claude L. Draper and Colonel Marcel Garsaud.
On December 20, 1930, I received the usual attested resolution of the Senate, signed by the Secretary of the Senate as follows: "Resolved, that the Senate advise and consent to the appointment of the following named person to the office named agreeably to his nomination:
FEDERAL POWER COMMISSION
George Otis Smith, to be a member of the
Federal Power Commission".
I received similar resolutions in respect to Colonel Garsaud and Mr. Draper.
I am advised that these appointments were constitutionally made, with the consent of the Senate formally communicated to me and that the return of the documents by me and reconsideration by the Senate would be ineffective to disturb the appointees in their offices. I cannot admit the power in the Senate to encroach upon the Executive functions by removal of a duly appointed executive officer under the guise of reconsideration of his nomination.
I regret that I must refuse to accede to the requests.
HERBERT HOOVER
The White House,
January 10, 1931.
Note: The Senate resolution was adopted following a decision by the three commissioners to dismiss Solicitor Charles A. Russell and Chief Accountant William V. King.
On the same day as the President's message, the Senate voted to restore the nominations to the calendar, claiming that the relevant Senate rule allowed a confirmation to be reconsidered in either of the two executive sessions following it, · and that since the recess had prevented these from being held the confirmation was incomplete. On January 23, 1931, the Senate voted to recommit the names to the Senate Commerce Committee and to consider court action.
For documents relating to appointments to the Federal Power Commission, see 1930 volume, Items 182, 195, 218, 236, and 240.
Herbert Hoover, Message to the Senate Refusing to Return Senate Resolutions of Advice and Consent for Appointments to the Federal Power Commission. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/211959