Evening star., 1939-02-12

about making democracy lUork."
But no one seems to hdue Dery
clear idea OF 1phat ought to be
done. and te1U are eDen cognieant
OF 1rhat is actually happening. Fol-
1o,Uinq is the first OF three articles
- about our o1rn changing GoDern-
nent The others 1UiU tollov on
successive SundaySJ
In time when dictators cry across the
world their challenge to democracy, the
appointment of Felix Frankfurter to the
Supreme Court of the United States is
more than just another appointment in
the eyes of the American bar 1t is a
symbol of the struggle to make democ-
racy work.
For Justice Frankfurter is the Nation S
foremost living authority on admins
trative law.
And administrative law is the means
this country has adopted to try to solve,
within the democratic framework, the
great modern social and economic prob
lens which have broken older govern
naents and led to totalitarianism abroad
Administrative law is government by
regulation-regulation not by Congress,
the ordained legislative agent of the
popular WILL but by bureaus and boards
and independent agencies empowered by
Congress to do the job.
The National Labor Relations Board,
the Interstate Commerce Commission
and the Reconstruction Finance Corp.
are examples of it in action.
Controls Everyday Life.
Through it the Government has ex-
tended control over the everyday life
and work of the average man. 1t says
how long he may toll each week and
how big his smallest pay check must be.
1t protects his savings in the bank. It
sees that his food is pure. 1t may hold
mortgage on his house. 1t regulates
business for what it conceives to be his
best good-a conception some business
men affirm and others hotly deny. It
determines the price of his railroad and
bus tickets. helps decide how much he
shall pay for loaf of bread, and even
sets the time of day.
1t is not a new thing. 1t started with
the Civil War. All. political parties have
promoted it. But it is a controversial
issue now because it gradually has grown
into fourth government under Con-
stitution which provides for only three:
The legislative, the executive and the
courts.
Administrative agencies are none OF
these three, but combination of ALL
They make rules as Congress makes
laws; they enforce the rules as the Presi-
dent enforces the laws; they judge vio-
lations of the rules as the courts judge
violations of the laws.
Swift, Specialized Treatment.
The advantage of this system is that
It makes possible swift and specialized
treatment of specialized problems like
railroad rates, stock and bond issues
and industrial wage scales. The danger
Of 1t lies in a possible use of arbitrary
power over property and human rights
The one big barrier to such power is
the Supreme Court. And no member of
the court at the time Justice Frankfurter
took his seat last month knows the field
of administrative law more thoroughly
than he.
This implies no reflection on the
breadth of the other justices. Justice
Frankfurter taught the subject at Har-
ward University for quarter of CEN
tury. He has written numerous books
and Law Journal articles about it. He
knows not only the legal why's and
wherefors but the social and political
struggles involved-for he is a firm be-
lever in recognition of "the vital share
Of the (Supreme) court in the interplay
of the country's political and economic
forces"
Nor is his knowledge solely academic.
He was Assistant Secretary of State in
the administration of the first Roose-
velt. He served on the World War Poll
cies Board (where he began his long
friendship with another board member,
Franklin D. Roosevelt) in an era of
mushrooming administrative growth. He
Is popularity credited as the mental god
father of many New Deal agencies. And
favorite students of his (such as
"Tommy" Corcoran, Ben Cohen, Jerome
= Frank and James M. Landis) have
framed legislation for and helped direct
administration of others.
Choice Holds Significance.
Whether President Roosevelt had all
this in mind when he named his old
friend and adviser to the Supreme bench
has not been disclosed. The fact remains
that from the standpoint of administra-
tive law, the choice of Justice Frank
furter has more than usual significance.
In the first place, the appointment
comes at a time of much dispute over
the administrative process. Reorganiza-
tion of the oldest and most respected OF
the independent regulatory agencies the
Interstate Commerce Commission, Is de-
bated in Congress as means OF inte-
grating control of all forms of national
transport. The National Labor Relations