Evening star., 1940-12-18
Bill Called a Result
OF Lawyers Combination.

lCSel1.
Bill Called a Result
Of Lawyers Combination.
The bill that is now before me is
one of the repeated efforts by a
combination of lawyers who desire
to have all processes of Government
conducted through lawsuits and of
interests which desire to escape reg
ulation. The effort was made in the
recent New York constitutional con-
vention by this same combination
of influences to deprive State tribu-
mails of their authority. That effort
was wisely rejected by the people at
the polls. The effort was continued
on national scale to destroy the
administrative tribunals which en-
force the Nations important laws.
1t is from this background that this
bill has emerged.
While I could not conscientiously
approve any bill which would turn
the clock backwards and place the
entire functioning of the Govern
ment at the mercy Of never-ending
lawsuits and subject all administra-
tive acts and processes to the con-
troll of the judiciary, am of course
not unaware that improvement in
the administrative process is as
much the duty Of those concerned
with it as the improvement of court
procedure ought to be duty Of the
legal profession.
Recognizing this, more than a year
ago I directed the Attorney Gen.
eral to select a committee of emf
nent lawyers, jurists, scholars, and
administrators to review the entire
administrative process in the various
departments of the executive gov
ernment and to recommend i'm
provements, including the suggestion
of any needed legislation. For over
a year such committee has been
taking up in detail each of the
several typical administrative agen-
cies and has been holding prolonged
sessions, hearings, inquiries and dis
cussions. Its task has proved uneX-
pectedly complex The objective of
this committee, however, is not to
hamper administrative tribunals but
to suggest improvements to make
the process more workable and more
lust and to avoid confusions and un-
certainties and litigations. I should
desire to await their report and rec
concentrations before approving any
measure in this complicated field.
In this thought I believe most Amer
leans will agree. The report and
recommendation will be transmit
ted to the Congress in few weeks.
Meanwihel, without substantial
congressional hearings to consider
the problems of the executive de-
partments affected, this bill has been
passed and sent to me. This bill has
been unanimously condemned by the
Committee on Administrative Law
and by the Committee on Federal
Legislation of one Of the Oldest and
most respected bar associations OF
America, the Association of the Bar
of the City of New York, which,
while recognizing the need OF i'm
provement in the administrative
process, have said:
Nevertheless, we think that the
present bill, under the guise of re-
form, would force administrative
and departmental agencies having q
wide variety of functions into a
single mold which is so rigid, SC
needlessly interfering, as to bring
about a widespread Gripping of the
administrative process"
DELAYS and Uncertainties
To Defense Program Seen.
Agencies affected, including many
whose activities have an important
collateral effect on the defense pro-
gram, have pointed out serious de-
laws and uncertainties which would
be caused by the present bill, If en-
acted.
It appears from the text Of the
bill that the Congress considered the
procedures and the delays incident
to the procedures provided by the
act inappropriate to agencies en-
gagged in national defense functions
II is doubtless due to oversight thai
important functions performed by
the Maritime Commission, the De-
nartment of Commerce, and the
Treasury are affected by the bill
Functions as important to our eco
nomic defense as foreign funds con-
troll in the Treasury, where genera
regulations must be made with ut.
most promtness, would be subjected
| to delay for hearing and notice Of
hearing in advance.
quite apart from the genera
nhilosopty of this bill, its uninten'
tional inclusion Of defense functionl