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Statement About Refusal To Resubmit Federal Power Commission Appointments to the Senate.

January 10, 1931

THE PRESIDENT said:

"I have today notified the Senate that I will not accede to their resolution requesting the return to the Senate of the resolutions advising and consenting to the appointment of Mr. George Otis Smith, Col. Marcel Garsaud and Mr. Claude L. Draper, members of the Federal Power Commission.

"I am advised by the Attorney General that these appointments were constitutionally made, are not subject to recall, and that the request cannot be complied with by me. In any event, the objective of the Senate constitutes an attempt to dictate to an administrative agency upon the appointment of subordinates and an attempted invasion of the authority of the Executive. These, as President, I am bound to resist.

"I cannot, however, allow a false issue to be placed before the country. There is no issue for or against power companies.

"It will be recalled that on my recommendation the Federal Power Commission was reorganized from the old basis of three Cabinet members giving a small part of their time, to a full commission of five members, in order that adequate protection could be given to public interest in the water resources of the country, and that I further recommended that the Commission should be given authority to regulate all interstate power rates. The law establishing the new Commission 1 became effective last June although legislation giving it authority to regulate rates has not yet been enacted.

1 Public, No. 412, 46 Stat. 797, June 23, 1930.

"The resolutions of the Senate may have the attractive political merit of giving rise to a legend that those who voted for it are "enemies of the power interests," and, inferentially, those who voted against it are "friends of the power interests." And it may contain a hope of symbolizing me as the defender of power interests if I refuse to sacrifice three outstanding public servants, or to allow the Senate to dictate to an administrative board the appointment of its subordinates, and if I refuse to allow fundamental encroachment by the Senate upon the constitutional independence of the Executive. Upon these things the people will pass unerring judgement.

"Much of the debate indicates plainly that those who favored this resolution are intent upon removing Messrs. Smith, Draper, and Garsaud, not because they are unqualified but to insist upon the Senate's own selection of certain subordinates. Irrespective of the unique fitness of these Commissioners for their positions and before they have given a single decision in respect to any power company, they are to be removed unless they are willing to accept employees not of their choosing. It is not only the right but it is also the duty of the Commission under the law to appoint its own employees. It must assume the responsibility for the conduct of its office. The fitness of its subordinates for the fulfillment of their respective duties must be determined by the Commissioners and no honorable man could accept such responsibilities upon any other terms. If the appointments of these Commissioners are withdrawn, it is obvious that their successors must accept the Senate's views of these subordinates.

"The resolution raises the question of the independence of the executive arm of the Government in respect of the appointment and removal of executive officials. Many Presidents have had to meet this particular encroachment upon the Executive power in some form. Every one of them has repelled it, and every President has handed on this authority unimpaired. It reaches to the very fundamentals of independence and vigor of the Executive, whose power comes from the people alone and the maintenance of which is vital to the protection of public interest and the integrity of the Constitution.

"The President is responsible to the people to see that honest and capable officials are employed by or appointed to the various administrative agencies of the Government. I do not appoint nor recommend any subordinate of the Power Commission. Under the law the Commission appoints those officers untrammeled. If the Power Commission shall fail to employ honest and capable officials, it is within my power to remove such officials as well as the members of the Commission. I have not and shall not hesitate to exert that authority. The House of Representatives has the right to impeach any public official and if the Power Commission shall be derelict in the performance of its duties, the orderly and constitutional manner of procedure by the legislative branch would be by impeachment, and not through an attempt by the Senate to remove them under the guise of reconsidering their nominations, or any attempt to force administrative agencies to a particular action.

"In July last, I nominated to the Senate Colonel Garsaud and Messrs. Draper and Williamson as members of the new Commission. Their character and fitness for its duties were inquired into by a committee of the Senate and favorably reported. Owing to the press of business in the last session, these nominations were not considered at that time. Their names remained before the country for 4 months, and in December I renominated them to the Senate together with Mr. George Otis Smith and Mr. Frank R. McNinch. The qualifications of all five members were again searchingly investigated by the committee, the nominations were favorably reported to the Senate and they were confirmed on December 19 and 20 after full consideration and debate.

"Mr. George Otis Smith has been in public service, as a member and head of the Geological Survey as Republican administrations. pendent devoted public official resources of the United States Chairman of the Commission. and had a distinguished service for 30 years through Democratic as well he has distinguished himself as an indewith a larger knowledge of waterpower than any other man. He was chosen as Colonel Garsaud is an eminent engineer as colonel in the Army during the World War. Mr. Draper served for 10 years as chairman of the Public Utilities Commission of his State with the universal approval of the citizens of that State. Not a single member is in the remotest way connected with power interests.

"Upon confirmation, official notice was forwarded to me by the Secretary of the Senate in accordance with the precedents of many years. I thereupon issued the commissions and the appointees were duly sworn into office.

"Messrs. Smith, Draper, and Garsaud, the only members who were then in Washington, met and assumed the responsibility of office, and I understand, notified all employees of the old Commission that under the new law their employment was automatically terminated. Arrangements were made with the Civil Service Commission to temporarily continue the clerical employees and further action was deferred upon the secretary, a solicitor, and an accountant, and others, until a meeting of the full Commission, including Messrs. Williamson and McNinch, which was held early in January. At that time all employees, including the three men whose dismissal has been the subject of controversy, were informed they could apply for reappointment and their qualifications would be examined. I am informed that the solicitor and accountant have applied for reappointment but no action has been taken by the Commission upon their applications. The Chairman of the Commission has, however, expressed disapproval especially of the former secretary and the solicitor because of long continued bickerings and controversies among employees of the old Commission.

"I regret that the Government should be absorbed upon such questions as the action of the Power Commission in employment or nonemployment of two subordinate officials at a time when the condition of the country requires every constructive energy."

Herbert Hoover, Statement About Refusal To Resubmit Federal Power Commission Appointments to the Senate. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/212112

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