The Washington times., 1938-04-01
SENATORS HEAR.
CLASHING VIEWS.
ON new COURT.
Tax Appeals Board Hit
By Senator Logan
By THEODORE HUNTLEY


Conflicting views as to the
method Of dealing with appeals
from orders and decisions Of
Federal administrative tribunals
and regulatory agencies were ex-
pressed before the Senate
Judiciary Committee today as 1t
studied a proposal to create new
United States Court of Appeals
for administration sponsored by
Senator M. M. Logan CD Of
Kentucky.
In the course of the committee
hearings Senator william H. King
Cd Of Utah, a consistent critic
Of the Federal courts in the
District, made a blistering attack
on the Board Of Tax Appeals for
what he called its "multitudinous
and conflicting" decisions. He de-
clared that, although he had
assisted in framing the law Great
ing the court, he felt now that
Its establishment was a mistake.
PROFESSOR HEARD
Prof. j. M. Sebree, of Northwest.
ern University, attached to the
legal stage of the Board of Tax
Appeals, appeared as the principal
proponent Of the plan for a revo-
lutionary change in the present
practice of dealing with appeals
from dmini strative orders
through the establishment of the
proposed new court.
He expressed the opinion that
such q court, possessing jurisdic-
ton over all appeals from orders
and decisions originating in 16
Federal agencies, including the
Board of Tax Appeals, would ma
Ger1ally expedite the action of the
court on APPEALS and result in a
greater uniformity of decisions.
It was admitted that probably
half OF the work Of the proposed
new court would represent cases
appealed from the Board Of Tax
Appeals. Professor Sebree ex-
pressed the view in response to
questions that the WOE of the Cir
cult Court Of Appeals of the Dis
tr1ct would be reduced about Is
per cent by the new court.
ALTERNATIVE PLAN
Col. o. r. Mcclure, counsel for
the Controller General, appearing
as a member and former chair
man Of the committee on admin
1Strative law of the American Bar
Association, filed al engthy mem
orandum with the committee rec
0mmending an alternative plan
Tor dealing with the same prob
lem.
Although he avoided direct
criticism Of the proposal for a
new court in Washington, it was
emphasized that the. Bar AsSoci-
ation objects enlphatically to the
concentration in Washington Of
appeals from decisions Of Federal
tribunals,
1t was recommended by the
Bar Association tn at Federal
agencies charged with the en-
forcement Of laws having wide
application to business be re-
quired to issue regulations inter-
preting the statutes. Colonel
MCGUIRE expressed the view that
q large volume of litigation in
Federal courts is attributable to
the fact that litigantS do not
know what the law is and that
If Federal agencies were required
to interpret it litigation would be
Ininimized.
BY the term of the measure, the
new court, if established, would
succeed to the present powers Of
the United States District Courts
and the Court of Appeals for the
District of Columbia in this field.
The decisions of the Court of Ap-
pealS for Administration would be
final in all cases except for the
right of review on certiorari by
the Supreme Court of the United
States.
ORDERS AFFECTED
It's powers would extend to
orders or decisions of the United
States Board Of Tax Appeals, the
Processing Tax Board of Review
and Federal Alcohol AdminiStra-
ton Of the Treasury Department;
the Secretary of Agriculture
under the packers and stockyard
act or involving trading in futures
or monopolistic practices; the
Secretary Of Commerce with re-
Spect to monopolieS in the fishing
industry; the Post Office Depart
1nent requiring publications to be
sent by freight; the Board Of Gov
errors Of the Federal Reserve
System; the National Labor Re
lationS Board, and Of the ICC,
FEC. SEC, ETC, Power, Coal,
Maritime and Commodities Elk
change commissions.