Evening star., 1937-01-24
BY ]. A. FOX.

A VIGOROUS fight is in the
~ making to preserve the COM
~ plete autonomy Of the Inter-
4 n state Commerce Commission.
which, under the governmental re-
organization plan urged on Congress
by President Roosevelt, would pass
to some executive department.
presumably Commerce.
The keynote was sounded last week
in an unusually sharp attack on the
program before the Boston Chamber
of Commerce by Joseph B. Eastman,
independent member of the commits
sion, who early in the Roosevelt ad-
ministration was the principal White
House adviser on rail legislation, and
later served as transportation co-ordi-
nator until Congress killed that Office.
Shortly, too, from all indications,
reinforcementS are going to be mov-
ing up from the labor sector, for the
rail brotherhoods have been vigorous
defenders of the commission in the
past; have battled to obtain amend
ments to the interstate commerce act
to improve working conditions and
are not planning now to sit by idly
and take chance on losing any gains
they have made.
Business Interests to Be Heard.
Business interests, fearful of too
centralized authority over the $28,-
000,000,000 rail industry, also will be
heard from when the time comes for
action.
EaStman-whose statutory seven
year term ended December 81, and
who has not yet been reappointed-
was pointed in his criticism of the
reorganization plan, in recommend
ing which the Presidents committee
castigated the independent establish
ments on the whole as "a headless
fourth branch of the government,
haphazard deposit of irresponsible
agencies and unco-ordinated powers.
The plane on which he pitched his
speech-that the Supreme Court has
held the Interstate Commerce Com
mission and like groups are arms OF
the legislative rather than executive
branch of the Government-un-
doubtedly will be that on which sup
porters of these others will take their
stand, to keep them from being subor-
dinated to cabinet control.
Equally as broad were the implica-
tionS in his warning against permit
ting the slightest political tinge" to
creep into the commission, and the
reminder that the court had declared
its powers are expected to be ex-
ercised in the coldest neutrality
The court had its say as to the
scope of regulatory agency powers
last May. when deciding unanimously
that the late William E. Humphrey
was entitled to pay for his unexpirec
term on the Federal Trade Commits.
sion, from which he had been oustec
by President Roosevelt.
Held Quasi-Judicial.
It's duties, the court held, are
"neither political nor executive, but
predominantly quasi judicial anc
quasi-legislative. 1t added that the
commission is charged with the en-
forcement of no policy except the
policy of the law" and. amplifying
it cannot in any proper sense be
characterized as an arm or an eye oi
the executive. Its duties are per.
formed without executive leave, and
in the contemplation of the statute
must be free from executive control"
In specifying proper field of COM
mission operation the court said it i:
an administrative body created BY
Congress to carry into effect legisla-
tive policies embodied in the statue
in accordance with the legislative
standard therein prescribed. and te
perform other specified duties as a
legislative or as judicial aid"
In view of this language, some OBJ
servers see fine legal point raised
1t is conceded, of course, that Con-
greSs has the power to destroy any