The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-01-15
by Justice Hughes of the Unit.
ed States Supreme Court
in an Address.
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NEW YORK. Jan. 15.-Justice
Charles i. Hughes, of the United
States Supreme Court, in an address
before the New York State Bar As
sociation on Some Aspects Of the De-
velopment of American Law" made
plea for uniformity Of state laws re-
lating to commerce and for the sim
plification of legal procedure.
Justice Hughes also deprecated
the tendency to assign to the courts
administrative duties which do not
belong to them" and "the tendency
which denies to judges the authority
which would seem to be needed for
the efficient discharge OF official
duty"
The country, he said, had entered
upon a new era in the development
of Its law. notably in the regulation
OF Interstate commerce. and secondly
in 1.-THE establishment in nation and
state of administrative agencies with
both legislative and quasi-judlcial
powers of vast importance" The
speaker referred to the various fed
eral acts affecting interstate COM
merce enacted in comparatively re-
cent years which have ito a consid-
eraf extent recast our law"
"With this noteworthy change in
point of view" he continued. there
have been constant manifestations OF
deepening conviction of the impo-
tency of legislatures with respect to
some of the most important depart
ments of law making. Complaints
must be heard, expert Investigations
conducted. complex situations delib-
erately and impartially analysed and
legislative rules intelligently adapted
to a myriad of instances falling with
in d general class. 1t was not diff
cult to frame legislation establishing
general standard, but to translate
an accepted principle into regulations
wisely adapted to particular cases re-
Quired an experienced body sitting
continuously and removed so far as
possible from the Establishments and
intrigues of politics. This admins
trative type is not essentially new in
itself but the extension of its use in
state and nation constitutes new de-
parture.
An Ideal.
1.-The ideal which has been pre-
sented in justification of these new
agencies, and that which alone holds
promise of benefit rather than OF hurt
TO the community, is the ideal OF spe-
cial knowledge, flexibility, disinterest-
edness and sound judgment applying
broad legislative principles that are
essential to the protection Of the COM
munity. and of every useful activity
affected. to the intricate situations
created by expanding enterprise. But
mere bureaucracy-nar partisan,
or inexpert--is grossly injurious; 1t
not only fails of the immediate pur-
nose OF the law and is opposed to ira
ditions which, happily, are stu non
cred. but its failure creates a feel
inr of dscouragemen bordering on
nessimism which forms the most ser.
ious obstacle to real improvements IN
the adjustment of governmental
methods to new exigencies."
Justice Hughes took un our dual
system" OF commerce regulation
state and federal-which had enor'
mously increased, he said, the diff
lculty and importance of the work
of the courts as interpreters of laws.
He cited the interstate commerce act
and statutes which with similar pur.
nose and thoroughness deal with
Transportation that is intrastate, con-
Quoted by the same carriers"
"our recent reports he said,
"abundantly show that questions OF
the utmost nicely are constantly be-
ing presented in the application o!
new statutes, and evidence the ex-
IRENE difficulty Of the work OF carry
ing out the will Of Congress over the
activities within Its control while at
the same time avoiding encroachment
upon the state field. 1t is the problem
Of many governments in one nation
dealing with portions Of an activity
which has economic unity
1t was necessary. he said, to pre-
serve the essential elements OF both
state and federal governments, with
.------------------------