The Ypsilanti daily press. (Ypsilanti, Mich.) 1928-1962, 1940-09-19

JOrlty or members OF the american
Bar association and the more
totalitarian BRAID Of legal pro-
cedure advocated by the lawyers
and political leaders who consider
themselves the most outstanding
apostles of mems rights in gen.
eral.
The relatively conservative
group - complains that there's
grown up in this country Of late
an idea that it's perfectly legiti-
mate for government departments.
commissions. bureaus and even in
dividual officials to take upon
themselves the functions Of our
courts. Not only that, but it's as
serted that they're doing it, and
up to date their rulings have with
stood all attempts, by those who
question them. to get into court
with test cases.
An instance of il, pretty prom
inently mentioned, is that Of Cal
ifornia mail order concer
charged with disappearing it.
self TO the public through the util-
ization Of postal facilities in viola
ton Of postoffice regulations.
In this connection three federal
actions were brought against the
company. One of them Ia legal
prosecution of the outfits presi-
dent) the government lost, due to
an acquittal by a federal court
jury. However, Uncle Sam nailed
the corporation after its head had
been cleared judicially.
A Departmental Ukase
simultaneously with the accusa-
against the mail order COM
pany's president, the postoffice de-
partment has issued a fraud or
der" against the company itself.
The company contends that, a
federal court having acquitted It's
president. this fraud order"
should be rescinded, but the de-
partment refuses. Vincent N.
Miles, its solicitor, takes the posi-
ton that, since the mail order
business was necessarily discon-
tinued at that time (the time when
the order was issued) nothing now
is before the department to be
considered"
Against the company there al
so is a case mot yet decidedly be-
fore the federal trade commission.
It's argued by spokesman for
the present system that such pro-
cedure is perfectly proper-in 9TH
er words, that what might be
termed "ukase" has just as
much weight Cor more) than any
decision from the bench.
It's to upset this theory that the
American Bar association is plug
ging for reenactment Of the Lo-
gan-Walter measure. which passed
the senate at the last session of
congress but still is hanging fire
in the house Of representatives
The bar associations thesis Is
that a court test should be made
Of any decision by a department,
bureau, commission. or other gov
ernmental agency-that a citizen
who thinks he is not getting a fair
deal from the government, should
be allowed to appeal to a Judge
and that the judges ruling should
be final, unless and until he re-
verses himself or is reversed by a
higher judicial tribunal.
Logan-Walter Bill
It's a fight which has been rag
ing for a number of years
One of its early leaders was the
late Senator NJ. NJ. Logan Of Ken
lucky. He and Representative
Francis e. Walter Of Pennsylvania
were partner-sponsors Of the Lo-
gan-Walter Bill on the subject.
Congressman Walter still is plug
ging for it.
Many New Dealers don't like II.
They think II threatens to ham,
string some of the executive agen-
cies that they believe in.
Back Of the Logan-walter Bill
stretch years Of effort by certain
members OF the American Bar as
ISOLATION. One Of the original
lawyers TO work for such an enact
ment was Colonel o. r. Mcclure,
formerly associate counsel Of the
general accounting Office in Wash
ington. He and other members OF
the association found the going
rather rough for awhile. 1t wasn't
that their fellow association men,
bers didn't consider them right;
thew simply didn't want TO bother.