Show AUTHORITY OF OFT 1 SENATE I Dismissal Dismiss l of Postmaster By President In Supreme Court WASHINGTON WASHINGTO-l April An It-An- ll An Another other contest of oZ authority between the President nate II I 1 at hand and will be heard before the supreme court Monday Having recently reasserted In its rejection of 01 0 diaries Chars Charl e echer Be-echer War rent Var rent to be bo attorney general t the e claim to the right under the constitution of ot refusing to confirm those thole for tor office by the tha president h senate will now appear through h counsel before the highest court t contend that congress ha has he con eon con constitutional right to prescribe the under which the th president dent Int may remove those he has ha ap ap- ap to offices It has cr created CASE ntO The controversy between the executive and legislative branche of the government reached the JudIcial branch for or In a arace arase race from rom Oregon brought by Frank FrankS S who wa wag appointed post post- postmaster postmaster master at at Portland by President Wilson He is was wu removed by Mr Wilson In hI January 1920 and the nomination of his hll was not sent lent to the senate until July 1921 21 when hi year four term ex- ex ex expired Dired Nor did the president due duro dueing dur during ing that period notify senate of his removal Myers Myer contested the action as Illegal and when the tour four years ended sued the govern govern- government government ment In the court ot of claims for forback forback back salary That court found he had been guilty ot of o I l laxness In not supporting his hl hi claim with sufficient promptness and dismissed it t t- t From that decision he appealed to the supreme court To enable the senate to be rep rep- represented represented rep represented resented by counsel the court or- or ordered ordered or ordered dered the case re-argued re and des del designated des designated Senator Pepper of Penn Penn- PennSylvania Pennsylvania sylvania to t appear for the senate tn In the capacity of a friend of ot the court The president was represented represented by Solicitor General Beck fleck CONGRESS co UNPOPULAR ULAn In his hla brief tiled filed with the court today Senator Pepper pointed out that congress In providing for tor po post postmasters t- t masters of ot the first second and third bird classes had authorized the president to appoint and remove them by and with the advice and consent of o the senate While under the present time the well public confidence In the president Is III equalled by the unpopularity of congress the thea he I a brief asserted It it must never be bo bor r forgotten that English speaking people have found It wise to place their trust In the legislature sub sub- sub subject only to constitutional re- re re restraints The constitutional no- no noman's noman's mans no-man's mans man's land between the tines lines ot of well el established legislative power and of entrenched executive pre pre- pre prerogative should be removed It added by a II decision which Would dispel existing uncertainty |