Evening star., 1938-07-31

may De done grave injustice II the board
is not strictly impartial
Attacking what he considered the un-
fairness Of some administrative agencies
James r. Garfield, son of the former Pres
ident, who delivered the report to the com.
mittee in the absence of Dean Pound, said:
TOO often these administrative agencies
lose sight of the rights of individuals Too
often bureaucratic decisions come from
these tribunals because they believe that
they alone can see the issues and that
those on the outside are not aware OF the
real questions
These administrative agencies have
been clothed with legislative, judicial and
executive powers. That is going too far. 1t
means complete change in our form of
government.
Unless the opportunity is given to pre-
sent the evidence and to argue the facts
and law. there is grave danger facing us.
Complaints are bound to arise when the
administrative agency Is prosecutor as well
as the judicial body"
Mr.. Garfield contended that legislation
requiring appellate courts to uphold findings
tend to result in fairer hearings and would
safeguard the interests of employers in
cases under the Labor Act, although he did
not mention that statute by name.
Official Pressure Denounced.
Ihe committee also took cognizance OF
alleged attempts to apply improper pressure
to some administrative agencies and de-
manded that any such attempts be made
punishable as a criminal offense. The re-
port declared there is strong reason "for
insisting that members of Congress and
persons in governmental positions should
not be permitted to exert pressure or in
nuence, or to create the impression that
they are exerting pressure or influence.
upon such commissions, boards. tribunals
and officials when making decisions and
determinations affecting individual rights"
his prohibition was extended to cover
any officer of national political party.
but at the insistence Of number of dele
gates officers of State parties were ex-
empted 1t was contended the proposed
legislation might be construed so as IN
prevent attorneys in the States who happen
10 be connected with political organizations
from appearing before administrative apen-
c'es IN legitimate legal capacity, thereby
working an undue hardship on them.
Inc committee was instructed to draft
statute embodying the criminal penalties
ana the modification of the rule relating
to review of factual questions and to report
oack to the board of governors and the
House Of Delegates this winter.
Report on Labor.
Ihe delegates also received a strongly.
worded report from its special committee
on labor. employment and social security
Specific Endorsement was withheld and the
report was ordered received and filed when
it developed that recommendations for
amendment Of the Labor Act were not in
the form required by the bylaws of the
association.
John Lord OBrian, former Assistant At
torney General, chairman of the committee
could not attend the meeting to present
his report and because of a delav in f,,;no
1t there was no opportunity to revise the
legislative recommendations
Pointing out that the Labor Relations Act
contains no specific provisions for protect
ing the interests of the employer, the COM
mittee report asserted:
Making all due allowances for an earn.
est e1ort to administer this act in an i'm
partlal manner, its provisions make it in.
eVltaole that to large degree the National
LABOR Relations Board and its subsidiary
ooaros must be regarded as the partisans
OF one class as against the other and that
the results must be to intensity class an
eagonsm 1t may at least be fairly. said
that Its enforcement has not promoted that
better mutual understanding and co-opera-
ton hitherto thought indispensable for the
solution or amelioration of the problems
implicit In the relationship Of worker and
employer"
The report also added another complaint
that the findings Of the board as to facts
II supported by evidence, are made cor
elusive upon the courts. and declared m
change can be expected in the policies of
the labor board unless the act itself is
revised.
The principal proposal for amendment
IN addition to general suggestion that the
procedure be revised, was that the act be
changed to permit employers as well as
employees to file complaints with the board
1t is expected this proposal will be renewed
at the next meeting.
Charging that the Social Security Act is
'ineptly" drawn, the report particularly
urged that 1t be amended to eliminate the
present old-age reserve account, substitute
pay-as-you-go policy and require that
sums collected under the act be earmarked
and set aside solely for the purposes of
the act
Pension System Danger Seen.
Continuance OF the present old-age re-
serve account system, it was said will in
time prove seriously embarrassing and
certain to discourage efforts toward Gov
ernment economy"
The association also approved a report
OF special committee on proposals affect
ing the Supreme Court which recon-.
mended continuance of the committee
should another attempt be made to re-
make the tribunal
The report asserted that "the public
suggestion recently made that the Supreme
Court has changed its attitude because of
the threat to enlarge its membership may
be evidence of an intention, to renew the
proposal whenever it is thought necessary
or expedient"