Evening star., 1937-01-15


President Roosevelt's committee OF
experts who have just proposed far
reaching plan of reorganization nave
touched lightly on just what is TO
become of the commissions and
boards, simply noting that they would
, have their activities placed under one
or the other of the II major depart
ment heads.
But the commission idea in gov
ernment is definitely created entity
for a specific purpose and the rights
and privileges of the citizen are in
separately interviewer in the fate OF
the commission principle.
Long Been Advocated.
Thus. it is proposed now to sep
arate the so-called administrative"
functions from the "quasi-judicial
functions. This is good thing in it
self and has long been advocated by
Republican as well as Democratic
Presidents. But what does it mean?
Merely that. in the case of the In
terstate Commerce Commission, for
example. all such work as Is done by
the Bureau of Locomotive Inspection
would go into a regular department OF
the Government along with steam.
boat inspection, airplane safety in
spection or any of the other tasks that
fall upon the Federal Government and
10 not involve any particular ques-
ton of rights except after a dispute
arises. but are concerned primarily
with enforcement of statute.
A "quasi-judicial' function is ex-
ercised when matters of freight rates
are to be adjudicated. Here the COM
missioners really sit as a court.
The administrative work properly
belongs in the executive departments,
but the quasi-judicial duties do not.
rhe more the latter can be divorced
rom political government and the
bias that arises in the ordinary rou-
ine Of a political administration, the
letter 1t Is for the citizen.
Represent All Interests.
As matter of fact, Congress.
never have delegated its several pow
ers to the executive branch of the
Government were it not for the feel
ing that q commission would repre-
tent both the majority and the mi
aority interests in our democracy and
thus would provide check within its
Swn walls against arbitrary use Of
POLITICAL power.
Now it is proposed, in effect, to
make all commissions subservient to
cabinet officer, who is political
tficer OF the Government. In an
sver to that charge, the statement is
made that the commissions will be
o. independent as ever, but only their
budgets will be subject to supervision
N a cabinet officer. Nothing Is dis.
closed as yet as to the manner in
which appointments and removals
are made. This is the vital part of
the problem. Safeguards will be
urged, no doubt, so that, while the
President has the power Of appoint
Ment and the advice Of the Senate
still will be necessary for confirma-
tion. the grounds of removal may be
even more specifically stated than
heretofore.
Ever since the Supreme Court, by
unanimous decision in reference to
the unjustified removal Of the late
william Humphreys from the Federal
Trade Commission. said that Con-
eress had q right to specify the
grounds Of removal and only those
causes could be cited in q removal
case, there has been recognition of
the power Of the Congress to stipu-
late freedom and independence for
the governmental commissions.
Power Of officials.
Many Of these commissions, like
the Federal Communications Com
mission, the Federal Trade Commits
sion, the Interstate Commerce Com
mission and the Securities and Ex-
change Commission, could easily be
relieved OF their administrative bu-
reaus and their energies concentrated
on judicial disputes. But, If cabinet
officer has any control, direct or in
direct, over these commissions, If he
can exercise by patronage any in
fuence on them whatsoever, If he
can control the compensation or the
tenure Of Office Of the commissioners,
then Congress will come face to face
with a question of whether all the
powers heretofore delegated shall be
revoked or whether statutes hereafter,
when delegating power to the execu-
tive departments, will grow more and
more detailed.
Unless Congress makes its instruc-
tions specific, executive bureaus vir-
tually have law-making power.
Commissions have not been so much
criticized for this before because they
follow certain standards prescribed by
Congress and there is always q right
Of appeal to the Federal courts.
There may be many useless COM
missions and boards in Washington,
and these ought to be abolished, but
there are also many useful commits
sions which represent not a fourth
branch Of the Government" as the
Presidents committee characterized
them, but true agencies Of the ma
tional legislature, whose members
realize that statutes cannot be writ
ten to cover every contingency but
must make allowances for examina-
ton In judicial fashion Of the facts
rs they arise in disputed matters.
Delegated power has become neces-
sary in twentieth century government.
but the bipartisan commission is the
only assurance the people have,
through the action of the national
legislature in creating and controlling
such commissions. that rights and lib
critics will be protected against po-
litical exploitation.
tCopyright. 1e371