Evening star., 1939-02-24

H9VuelWS cIuPPVV
Murphy Initiates Plan
To Look Into Boords
And Commissions
With the authorization of Presi-
dent Roosevelt, the Department Of
Justice was preparing today for a
study to pave the way for "procedural
reform" in those administrative
agencies of the Government where
criticisms have suggested the need
for change.
Urged by Attorney General Murphy
as the result of developments when
the department has been called on
to defend actions of the agencies in
the courts, the study was announced
last night when the personnel of the
committee to direct it was made
public, along with letter from the
| President.
Those groups to come under the
survey include the principal boards
and commissions of the Government
having regulatory functions and
duties of a quasi-legislative or quasi
judicial character. Among them are
the National Labor Relations Board,
Interstate Commerce Commission,
Securities and Exchange Commis-
sion, Federal Power Commission,
Federal Communications Commis-
sion, Federal Trade Commission and
others. The Labor Relations Board,
S. E. C. and F. c. c. frequently have
been under fire.
Justice Aide Heads Committee.
The committee will be headed by
James w. Morris, assistant attorney
general in charge of the Tax Divi-
sion. 1t will include Justice D.
Lawrence Groner of the United
States Court of Appeals for the Dis
trict; Carl Mcfarland, assistant at
torney general in charge Of the
Land Division; Golden w. Bell,
assistant solicitor general; Arthur
T. Vanderbilt, Newark, N. j., presi-
dent of the American Judicature
Society and past president of the
American Bar Association, and Dean
Acheson, former Undersecretary of
the Treasury, who now is in private
law practice here.
There also will be an Advisory
Committee Of representatives from
each of those agencies involved.
In bespeaking cooperation from
all administrative agencies for the
study, President Roosevelt wrote
Attorney General Murphy:
II havt been greatly impressed by
your statement to me that the ex-
rerience of the Department Of JUS
tice in endeavoring to uphold actions
of administrative agencies Of the
Government, when the validity OF
their decisions is challenged in the
courts, lesds you to the conclusion
that there is need for procedural re-
form in the field of administrative
law. A thorough and comprehensive
study should be made Of existing
practices and procedures with a view
to detecting any existing deficiencies
and pointing the way to improve
ments.
Wants Problem Studied.
"Tlle recent reform of the civil
procedure of the District Courts OF
the United States originated with the
| Department Of Justice. It seems
appropriate that the reform of ad-
ministrative procedure should like
wise be sponsored by the Department
Of Justice. shall be glad, therefore,
if you will undertake to cause to be
made an investigation and study OF
the entire problem with 8 view to
recommending such action as may be
deemed appropriate and suggest that
you appoint a committee for that
| purpose"
The following comment was made
by the Attorney General:
'"The rapid increase during the
past few years of governmental
agencies performing regulatory
functions and duties of quasi-legis-
lative or quasi-judicial character,
has centered the attention of the bar
and of the public at large upon the
vital role played by the administra-
tive process. Some criticisms have
! from time to time been directed at
certain features of administrative
procedure. 1t would tend toward a
clarity of thinking to ascertain in q
thorough and comprehensive man
ner to what extent, if any, these
criticisms are well founded and to
suggest improvements if any are
| found advisable.
1.-The Department of Justice has
played vital part in the recent re-
form of Federal civil procedure It
owes duty to render similar service
in respect to administrative pro-
cedure."
Criticism Last Spring.
Procedural practices of Govern
ment agencies fell under particular
criticism last spring when the Su-
preme Court set aside an order pro-
mulgated by Secretary of Agricul-
ture Wallace fixing rates to be
charged by commissioner in the
Kansas City stockyards.
Chief Justice Hughes, who wrote
the opinion, described the procedure
followed by the department as "fa-
tally defective" and asserted the
marketing agencies had not beeo
given a full hearing. He criticized
also the failure of the department to
submit to the commissioner a
copy of the trial examiners report
in advance of the Secretary's ruling.
On the basis of the courts de-
cision. several agencies revised their
procedure, among them the National
Labor Relations Board, which with
drew several cases from Appeals
Courts.
|