Evening star., 1935-02-08
LAWSTAFFSFAC
CHANGE IN POLICY
Department of Justice to
Take Over Prosecution in
New Measures.
BY DAVID LAWRENCE.

The story behind the designations
of Jerome Frank and other lawyers
in the Agricultural Adjustment Ad-
miniStration is not just a left and
right wing controversy on policies, but
is fundamental problem of reorgan-
ization throughout the New Deal as
it affects the side Of enforcement of
the new emergency laws.
Some time ago the Justice Depart
ment made an issue of the question of
how prosecutions under New Deal laws
we're to be handled The matter was
discussed by the President with men,
bers of his cabinet and it was decided
that the same principle which has for
decades governed the administrative
departments of the Government would
be followed hereafter.
Normally the Justice Department
has a representative in every depart
ment of the Government, who is known
as a solicitor While he may be at
tached to the State Department or the
Agriculture Department, for instance,
he is really an associate Of the Attor-
ney General.
Emergency Changed System.
But with the emergency many new
agencies were created each with
general counsel. These lawyers we're
chosen by the heads of the different
agencies and without consulting the
Justice Department. Some of them
have been good lawyers, but more in
terested in economic philosophy than
in developing cases that could be SuS-
tained by the courts
To put it another way, the Justice
Department either had to be reSpon-
sible for the law arm of the Govern
ment or the responsibility had to be
placed on the different general coun-
sells. Mr.. Roosevelt decided that
everything ought to be handled
through the Justice Department.
In the Agriculture Department is
Seth Thomas solicitor. He now has
been given full charge of law enforce
ment and all other lawyers have been
SubOrdinated 10 him. Naturally this
meant the demotion of Frank, who
preferred to resign. There was Moth
ing personal about it; in fact, Frank
is recognized as one of the ablest of
the young lawyers who have come here
under the New Deal.
No Room for Frank.
But under the new scheme Of things,
the Justice Department picks its own
staff and there wasn't any room for
Frank on a coordinate basis with
Thomas The A A. A. may also some
day be merged with the Agriculture
Department anyway in an administra-
tive sense. SO the concentration of re-
sponsibility for legal matters in the
hands of the solicitor of the Depart
ment of Agriculture is a natural evolu-
ton.
The same situation may apply in the
N r. A, where the position of general
counsel was made vacant when DON
aid Richberg became executive direc-
tor of the National Emergency Coun-
Gil. He is technically on the rolls as
general counsel. but on leave of ab-
sence. 1t is significant that nobody
has been appointed in his place.
This means that when the DISPOSE
ton of the N R. A itself has been
finally worked out, the Justice Depart
ment will have its own legal staff to
care for n R. A. cases. The matter
of investigating complaints of nom
compliance will remain with the
n. R. A. as long as that institution is
in existence. but when case of nom
compliance warrants prosecution or
consideration Of whether court action
is justified, the matter will be handled
by a representative Of the Justice De-
partment-either the solicitor of the
department to whom enforcement is
intrusted or to lawyers chosen by the
Attorney Generals Office and sta
toned in the N. R. A.
Critical Courts Factor.
The reason for all this is that the
courts have been increasingly critical
of New Deal cases and it is recog-
nized that mere trial of cases, with
out much support in evidence ana
precedent, is not going to enhance
the reputation of the Roosevelt admin
istration. Furthermore, the Supreme
Court is apparently going to decide
questions on the basis of The CcnSti-
tuition and not on the theory of elas-
ticity developed by those lawyers with
whom the wish is father to the
thought.
Hence the Justice Department will
not go to court on arbitrary Judg-
ment of what it would like to accom-
plish in rearranging the economic
structure to conform to emergency
policies. but on what it feels the
courts will sustain.
TUGWELL TO REMAIN.