Evening star., 1938-01-10
CIVIL AVIATION
BOARD IS URGED
Regulatory Group Favored
by Lea After Talks With
Roosevelt.
By WILL p. KENNEDY,


Creation Of a three-member board
for regulating and promoting civil
aviation Is advocated by Chairman
Lea OF the House Interstate and For
eign Commerce Committee. as a re-
suit of his conferences with President
Roosevelt. :
This triumvirate would be under
the general direction Of the President
in the discharge OF executive func-
tions. or those which directly affect
foreign affairs or national defense to
avoid running afoul Of the Constitu-
ton, he explains.
Chairman Lea emphasizes that one
of the principal features of this plan
authorizes appeals directly to the Cir
cult Court of Appeals from orders is
sued by this board, to eliminate ex-
pense and delay in the District courts
to which liVgants are now reiegated
from orders of the Interstate Com
merce Commission fixing airmail rates.
Seeks Criticism.
He invites constructive criticism,
particularly from representatives OF
the aviation industry" after which a
bill will be carefully drafted and con-
sidered by his committee.
Il believe we are on the way to q
good. constructive regulatory meas
ure,' Mr.. Lea said, Ito be presented
during the present session of Con-
greSs."
The new plan, Representative Lea
says was evolved by the Interdepart-
mental Committee on Civil Aviation,
appointed at the request of the Presi.
dent to consider a national aviation
policy, but he contends it differs little
! from the plan sponsored by him two
years ago. The principal difference,
! he says, is with respect to the agency
to be charged with responsibility for
regulating the civil aviation industry.
The new proposal follows the recent
recommendation Of the President with
respect to regulatory agencies.
Under the new administration plan
three board would be set up
which would exercise all the powers
now held by the Department of Com
merce over civil aviation and all the
powers now held by the Interstate
Commerce Commission to fix airmail
rates. 1t also would have regulatory
powers over passenger and express
rates and would issue certificates for
the operation of airlines
Independent Of Secretary.
There would be lett to the Post
master Genera. authority only to per-
form purely postal functions in regu-
lating the transportation of the mail
by aircraft. While the new board
would be housed in the Department of
Commerce, 1t would exercise all of its
functions independently of the Secre-
tary, except those relating to the
preparation of estimates for appro-
priations and the keeping OF ac-
counts. which would be exercised by
the board under the general direc-
ton OF the Secretary.
In discharging quasi-le9islative or
so-called quasi judicial functions such
as the fixing of rates, the board would
sit as an administrative court, Mr..
Lea explains. completely Independent
OF the executive branch of the Gov
ernment.
Proponents of the administration
plan concede that Congress may con-
stitutionally create such board and
make it independent of the executive
branch of the Government. when its
functions are solely those of quasi
legislative or quasi-judicial character
not involving foreign affairs or ma
tional defense. However, they state
that many OF the functions involved
in the regulation OF civil aviation.
such as the building of airways and
air navigation facilities. and the
granting of authority to operate air.
lines in foreign air commerce, are ex-
ecutive in character or have a direct
and important bearing on foreign re-
lations and national defense. There
fore. they support the proposal to give
the President general direction, under
constitutional provisions.
Chairman Lea for many years has
been actively interested in the prob
lens of the aviation industry.