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& . ; 24 + 0-19 (Rev. 10-26-59f SE Court of the! tional ; earing on s0Me aspecta of the controversy | ee Bet Jane ‘30.—The ‘onited States has just reaffirmed a i law that has a dir ; aver the Shermfin Adams case. The principle is also related to re for over miuerices exerted by members of. Con-{ § , gress on the Federal Communications Com- mission, which awards licenses for television and radio. .- . , -It has been ‘erroneously samuttied in the last few weeks in some quartera that the' White House exercises some sort of contral over the tenure of members of the independ.’ ent -agencies, such sa the Fedeyal Trade . Commission or the Securitles and Exchange Commission, Jt has been charged by critics that a telephone eall from the executive — oitices ~ merely inquiring about & pending matter could cause a commisslorier tremble because he might be sunumarily re- moved. : But the Supreme Court today, unanimous opinion, saya that, where § Lawrence gress by law does not specify a cause for re- Bee et oval, the members of quasi-judicial com- ons cannob be disthissed by the President and that they do| ot, therefore, hold office subject to his will, Justice Frankfurther, who wrote the 9-to-0 opinion, went somewhat further-than did the Supreme Court twenty-three wears ago when it ruled that members of the independent com-! . missions could be temoved only for the causes specified py Con- ’ gress. Juftice Frankfurter’s " opinion of this week says that the members of these commis- " slons cannot be removerl by the President during their term of ' office even when Congress tails to specify any. causes for re- , oval. aa ” President’s Powers Studied: oe A Precident’s power of rez se eee oe te ee Poi oval had never in the histo ‘eof the United States been the subject of any exhaustive study dy. the Supreme Court until Pet. 25,1926, when it was held that the Chief Executive coul yemove a -postmaster at From. this,. it was infe thereafter that he could remov all other officials of the Federal agencies as well. Chief Justice Taft, who hed himself President, handed down the 4 cision: in the famous My ease. He ruled, in effect, that President has an inherent cone stitutional power of removal officials even when the eu pave dutles of 5 quasi-judicial gharacter. " This was supposed 40 flow from the President's jpower to see that “the laws be thfuily executed." = - boa came the historic de: on of May 47, 1935, when b by, de-0-the.Supreme Co overruled eater ile LS hg of 6 JUL 9 “sald that Mr. mee Cright except that [ not go slong” with ¢ ‘ a eee and this whs awarded in ihe 5035 decision, The Bupre Court insisted that the Myers opinion of 1926 applied only to “all purely executive ‘oMicers” and did not apply to membe: of quasi-judicial commissions like thé Federal Trade Commis-| sion, The court expressly disap-: proved of the concept in the Myers case concerning a Presi- dent’s inherent constitutional Power of removal. . in. . Frankfurter Opinion . Thus, in this week's opinion, dustice "Frankfurter saya 5. " “Humphrey’s case was a cause celebre—and' not least in the halis of Congress. And what }y Ee essence of ihe decision in | ztumphrey's cased It drew s ‘wharp line of cleavage between oficiales who were part of ine "executive establishment ere thus removable ty the President’s constitutior owérs, and those who [embers of a body ‘to ex i judgment without the leate 5 Ce “Gs S ae, "-A ee NOT RE-ORNEn 367 UL 3 193% Ve 7 Wash. Post and — Times Herald Wash, News Wash. Star N.Y. Herald £2 Tribune N, Y. Journal- American N. Y. Mirror N.Y. Daily News . N. Y, Times Daily Worker The Worker —..__ _ New Leader Datel