Evening star., 1938-07-31
Bar Association Dedicated
To Saving Individual Rights
Committee Will Act as Guardian of Liberties
Convention Finds Relations of Lawyers and
Enforcement Agencies Improved.
BY JOHN H. CLINE.
THE outstanding result of the Amer
ican Bar Association meeting in

ican Bar Association meeting in
Cleveland last week was the dedi-
cation of that organization to the
protection and preservation of individual
rights regardless of the source from which
they may be threatened
On the whole the convention was
marked by evidences of better feeling be-
tween the organized lawyers and the law
enforcement agencies Of the Government.
While some governmental agencies par
tlcularly group of the quasi-judicial tri-
bunals, were the targets of sharp criticism,
that criticism was directed toward the con-
structive end of improving their admin
istration rather than taking the form of
unequvocal opposition to the social trend
81 which they are representative.
Committee to Protect Liberties.
OF particular interest to the general pub
lie was the promise of Frank J. Hogan
new president of the association, to set up
. committee of distinguished lawyers to
combat invasions of liberties guaranteed
under the Bill of Rights In somewhat
the same vein and of almost equal impor-
tance was the report Of the committee on
administrative law, which excoriated "ab-
solutism" in Government, particularly on
the part of such agencies as the National
Labor Relations Board
. During the early stages of the conven-
tion 1t looked as though that report might
precipitate an open break between its
sponsors and New Deal lawyers, but when
finally submitted the document was ac-
cepted without serious opposition.
The proposal by Mr.. Hogan for estab-
lishment of committee for the protec-
ton of individual rights marked a depar-
ture from the traditional function of the
association as a defender of institutions,
laws and ideals.
The committee will have as its sole func-
: ton the investigation of violations of the
Bill OF Rights-the first 10 amendments
to the Constitution. If it is found in ap-
proprlate cases that these rights are being
threatened or impaired, and may other
wise go undefended for lack of adequate
public presentation, the committee is
authorized to undertake defense on be-
half Of the bar association
The result of such an undertaking will
he to focus public attention on violations
OF individual freedom and make available
group of lawyers of outstanding ability
End high character to wage an unvieldinp
hight for the protection and preservation
OF the liberties guaranteed to the people
by the Constitution.
Hogan Tells of Purposes.
Discussing his purposes in setting up the
committee. Mr.. Hogan said:
1T may come to be considered, as II
should be, that violations of the Bill of
Rights are intolerable, no matter whom
they affect or whether they are committed
by the mayor of an American city, a COM
mlttee Of the United States Senate, an ad-
mmistrative tribunal, a governmental de-
partment. or an official drunk with tempo
rary power, contemptuous of constitutional
limitations, and reckless of the rights of
others
emphasizing the universally of the'
proolem Mr.. Hogan stressed the fact that
attacks upon the basic rights of any citizen
constitute common danger to the rights
OF all citizens and clearly reveals that in
s1stence upon observance of the provisions
OF the Bill of Rights is the concern of all
Americans
Insisting that his proposal was not in
any sense partisan and that the commit
tee would be strictly impartial in its ap-
proach to the problem, Mr.. Hogan declared:
Il do not mean that the vigilance to be
exercised by the committee should be for
any class or classes: the supposedly privi-
legged or the frequently mentioned under
privileged 1t must be for ALL Nor do I
mean that We should be aroused when the
violations come from one repository of
power rather than from another. They
are intolerable irrespective of their source,
Regardless of who offends or who suffers
by the offense we should be quick to pro-
test and to seek legal restraint uporH and
redress for the infringements. The United
States will not remain a free country for
any of us unless it remains free coun.
try for all Of us"
Aimed at Administrative Agencies.
The report of the Committee on Admin
istrative Law, headed by Roscoe Pound
former dean of the Harvard Law School,
was aimed squarely at administrative agen-
cies enforcing New Deal laws while acting
IN the capacities of prosecutor, Judge and
Jury. Early in the convention, Jerome N.
Frank, member of the Securities and Ex-
change Commission and considered a prob
able nominee to the United States Court
of Appeals for the District, denounced the
report as casting a slur" on the character
of William o. Douglas, chairman Of the
s. E. C.
Mr.. Frank contended the report by i'm
plication charged that Mr. Douglas pre-
Judged" cases. but the section in question
was not changed despite Mr.. Franks de-
1nand that it be revised
One of the most important sections Of
the report was proposed bill which would
have permitted justices of the Circuit
Courts to determine on appeal whether
there was "substantial' evidence to sup
port findings by administrative agencies
and to set those findings aside in the alb
sence of such evidence. There was strong
demand from the floor for amendment of
the bill to require that findings be based
on a fair preponderance of the evidence
That movement was not pressed, however,
when it was decided to recommit the bill
to the committee to clear up misunder-
standing on minor point
It has been the practice of appellate
courts not to review findings of fact of such