ADMINISTRATIVE LAW - PRESIDENT'S POWER TO REMOVE

Plaintiff had been appointed to the board of directors of the Tennessee Valley Authority by the President with the advice and consent of the Senate. The statute creating this public corporation gives the President power to remove any director who appoints or promotes lower officials on the basis of anything other than merit. Congress is authorized to remove a member of the board by a concurrent resolution of the two houses. Plaintiff was summarily removed by the President and sued to recover his salary for the whole of the prescribed nine-year term of office.

Held, that the plaintiff, having duties predominantly executive, could be removed by the President without cause. Morgan v. Tennessee Valley Authority, (C. C. A. 6th, 1940) 115 F. (2d) 990, cert. denied (U.S. 1941) 61 S. Ct. 806.