Evening star., 1939-01-21
Government
Bill Draftinq
Aid Urged
Lawyers Guild Told
Administrators
Should Take Part

Government administrator should
take an active part in the drafting
OF legislation affecting their func-
tions, two speakers told a confer
ence sponsored by the National
Lawyers Guild at the Carlton Hotel
today.
The conference, attended by more
than 100 lawyers, professors of law
and students of government, was
called by the guild to discuss "ad-
ministrative law and administra.
tive process" in an effort to help
develop satisfactory legal Frame
work for public administration"
Speakers at the morning session
were Prof. James Hart of the Uni
versity of Virginia political science
department, and Prof. John NJ
Gaus, of the University of Wiscon-
sin political science department, and
research consultant for the Com
mittee on Public Administration OF
the Social Science Research Council
Declaring he is "a firm believer
in administrative participation in
bill drafting" Prof. Hart said this
lis an art that should no longer be
treated as incidental"
Would Establish POOL
He suggested establishment OF
pool of trained experts to advise
Government agencies in their prac-
tice of this art, noting that IAN
ounce of administrative prevention
is worth pound of judicial cure
Prof. Gaus described Congress a.
"a council of ambassadors speaking
for regional and other interests
and asserted its work requires sup.
plementing in the interest of a bal.
anced and comprehensive prepara.
ton of policy in order to preven'
too great a distortion through thi
pressure of special interests.
Hence in the legislative process.
primary preparation of measure:
by the executive is essential. Tn,
proposals of the executive will, Q.
course, be subject to change or re.
lection by the legislature. The leg.
islature should, however. insist OF
the preparation of comprehensive
programs in the light of the detailed
and concrete administrative expert
ence of the executive department"
Remarks Held Significant.
Their remarks were considerer
significant in view of criticism BY
some New Deal foes of the practice
of the Roosevelt administration il
sending some proposals to Con.
gress accompanied by bills alread,
drafed. President Roosevelt ha!
indicated abandonment of this polio,
in dealings with the present Con.
gresS.
Profs. Hart and Gaus pointed ou
that in modern government ther,
must be some delegation of power By
Congress to administrators and EN-.
phasized their belief that this dele.
gated authority could be used NOR
efficiently in the public interest
experts in administration had pari
in drafting the original legislat ton
They agreed that there should bi
definite limits to the delegation o.
power. The difficulties arise. Prof
Hart said, when Congress decide
Ito tackle some economic complex
without any definite idea of IT
essential features, or when it find
1t politically inexpedient to clarif,
some controversial aspect of policy
and hence merely dumps the prob.
lem into the lap of the administra.
tor"
He referred to a survey by a bal
association committee in 1885, which
disclosed that there were about 19.
instances in Federal statutes givins
administrators power Ito carry ou
purposes of the act" and that in
large proportion of these the act
contained no statement of purpose
Closer Cooperation Urged.
Prof. Gaus suggested closer CO.
operation between departmental
heads and the committees of Con.
gress related to their functions, ant
proposed creation of joint commit.
tees of the two Houses of Congress.
for more efficient work on many
problems.
Declaring that he believed gov.
ernment should be used "as an in.
strument of public housekeeping
Prof. Gaus emphasized that there
must be adequate attention given t.
problems of organization and pro.
cedure in order to prevent abust
OF the power of government.
Securities and Exchange Commis.
sioner Robert E. Healy was to give
an of the record" address at q
luncheon session of the conference
at lis pm.
on the program for the after.
noon is an address by Reuben Op.
penheimer Of the Baltimore bar on
Combination of the Functions OF
Judge and Prosecutor in Admins.
trative Agencies This is to be
followed by panel discussion. in
which counsel of several govern.
mental agencies will participate,
The program tomorrow include.
an address by Prof Walton H
Hamilton of Yale University or
Judicial Review of Administrative
Agencies and a discussion by Prof
Louis L. Jaffe of the University OF
Buffalo on The Crisis in Admins
trative Law"
Southern Free to Cancel