Evening star., 1937-01-21
|. c. c. HELD ABOVE
EXECUTIVE SHIFT
Eastman, Ultra Liberal,
Stresses Legislative Ma.
ture of Body.

Broadly implying sharp disagree
ment with the presidential reorsani-
zation plan subordinating independent
agencies generally to cabinet control,
Joseph 3. Eastman, ultra liberal mem
ber of the Interstate Commerce Com
mission, today urged that that arm
Of the Government be kept clear of
"the slightest political tinge."
Eastman, who has been a principal
White House adviser on transportation
matters, spoke before the Boston
Chamber of Commerce. He did not
refer directly to the controversial re-
organization scheme submitted to Con-
gress by President Roosevelt. but his
language left no doubt as to his mean
ing
At one point in his speech he empha-
sized that the Supreme Court had said
the commissions powers are expected
to be exercised in the coolest neutral
ity" He also stressed the Supreme
Court decision holding that the Presi-
dent had exceeded his prerogatives in
dismissing the late William E.
Humphreys from membership on the
Federal Trade Commission.
Called legislative Branch.
"Not all understand what kind Of
an agency (the I. c. c. the commits
sion Is" Eastman said. 1T Is pri-
marily an arm, not of the executive
branch of the Government, but Of the
legislative. AS the Supreme Court re-
Gently said in an unanimous opinion
in regard to another similar agency.
its duties are neither political nor ex-
ecutive, but predominantly quasi-ju-
dicial and quasi-legislative 1t is
charged with no policy except the en-
forcement of the law II cannot in
any proper sense be characterized as
an arm or an eye of the executive. Its
duties, in the contemplation of the
statute. must be free from executive
control 1t is an administrative body
created by Congress to carry into effect
legislative policies embodied in the
statute in accordance with the legisla-
tive standard therein prescribed and
to perform other specified duties as
legislative or judicial aid In the
case of the L c. c. the duties that
have specifically been found by the
Supreme Court to be legislative far
outweigh those which are judicial in
their nature"
Eastman said the power to prescribe
rail rates. for example. is legislative
power. and sometimes legislatures have
exercised it directly. Obviously, how
| ever. he continued, such direct use is
generally impractical, 80 that the leg
| islative bodies have resorted to the ex-
pedient of laying down the standards
which they want followed and then
creating an expert body to apply those
standards"
Outside Political Sphere.
! Such procedure, Eastman told the
chamber. requires both impartiality
and justice, and that because Of that
these legislative agencies have been
made non partisan and outside Of po-
litical influence, and have based their
decisions on evidence taken in open
proceedings formally conducted.
THAT is the kind of an agency the
l. c. C. was intended to be and the
reason for its being" said Eastman.
Whatever the faults Of the comnis-
| sion may have been. and there have
been many, it has never, believe, been
accused of any lack of integrity, it has
kept its skirts clear of politics. 1t has
endeavored to base its decisions on
evidence taken in open, public hear
ines. and it has fully reported the
reasons for its actions so that the
world might Judge of their soundness." "