Evening star., 1937-01-12
REPORT ATTACKS
FEDERAL AGENCIES
Termed "Headless Fourth
Branch of Government"
by Committee.

by Committee.
A sharp attack on the independent
regulatory agencies that would be
distributed through the departments
marked the presidential committee
report on this phase of reorganiza-
tion.
More moderate, but none the less
pointed, was the criticism leveled at
the office of the controller general.
which has had historic conflicts with
the White House and other establish
ments.
The commissions, about a dozen in
number, the report said. constitute
a headleSs fourth branch of the
Government, a haphazard deposit Of
irresponsible agencies and unco-ordi-
mated powers They do violence to
the basic theory Of the American Con-
stitution that there should be three
major branches Of the Government
and only three. The Congress has
found no effective way of supervising
them. they cannot be controlled by
the President, and they are answer
able to the courts only in respect to
the legality of their activities"
Confusing Situation.
In the field of national administra-
ton. the report continues, the COM
missions create "a confusing and diff
ficult situation" explaining they are
vested with duties Of administration
and policy determination with respect
to which they ought to be clearly and
effectively responsible to the Presl-
dent, and at the same time they are
given important judicial work in the
doing OF which they ought 70 be
wholly independent of executive con-
troll"
The report charges that the COM
missions operate under plan that
threatens impartial performance of
judicial work.
The discretionary work of the ad-
ministrator is merged with that OF
the Judge" it continues. Pressure
and influences properly enough dl-
rected toward officers responsible for
formulating and administering pol
icy constitute an unWholesome at
mosphere in which to adjudicate pri-
vate rights. But the mixed duties OF
the commissions render escape from
these subversive influences impossible.
Furthermore, the same men are
obliged to serve both as prosecutors
and judges. This not only undermines
judicial fairness; it wcakens public
confidence in that fairness"
Termed Handicaps.
The commissions and the General
Accounting Office both we're accused
of handicapping administration in
general.
If the former, the report said the
President must detour around pow
erful administrative agencies which
are in no way subject to his authority
and which are. therefore, both actual
and potential distractions to his effec-
tive. overall management of national
administration"
AS to the General Accounting Office,
the report said that speed, decision.
vigor and common sense in the con.
duct of national affairs have been
subordinated to technical rulings on
doubtful questions"
A reference to the many battles
that former Controller General John
r. McCarl had over the IS years he
held Office was in evidence in the
report in this connection. when it
commented on the practice of the con.
troller general. rather that the Attor-
ney General, deciding on the legality
of expenditures.
Have Harmful Effect.
Rulings by an independent audit
ing officer in the realm of executive
action and methods, even when they
seem wise and salutary, have a pro-
! foundly harmful effect. They dissi-
pate executive responsibility and pre-.
cipitate executive uncertainty"
The report also is critical Of the
procedure and routine of the General
Accounting Office, and says it has
failed to achieve an independent audit
of national expenditures"
/ While the President does not pro-
pose to take any specific action with
regards to inter-agency shifts that his
plan would necessitate for the COM
missions, the destination of several
is indicated in the report.
Agency Shifts Urged.
OF outstanding importance is the
presumptive transfer to the Commerce
Department of Interstate Commerce.
the newly-created Maritime Commits
sion, and Inland Waterways, creating
such a unified transportation set-up
as was being agitated at the outset Of
the Roosevelt administration. Com
munications. another creation of this
administration. is headed in the same
direction. Labor would seem 10 be
due to get the Employees Compensation
ton Commission. The direction of
such others as Federal Power, Tariff
and Securities and Exchange is not,
however, so clear.
Less than 10000 workers are in
volved in the entire layout: accord
| ING tn the last available figure from