The Wilmington morning star., 1940-09-20
WASHINGTON
REPORT
BY CHARLES p. STEWART
Central Press C0lumnist

sept. ~ Those who
look beneath the surface of current ev-
ents in our American life speak of sew
eral gigantic struggles which they think they
can see in progress. They may not be obvious
to the average citizen but they're as plain as
a sore thumb to individuals who are affected
by them.
One of these undercover battles, raging dur.
ing the last few years, is between the sort
of Yankee Jurisprudence supported by a ma
jority of members of the American Bar asso-
citation and the more totalitarian brand of le-
gal procedure advocated by the lawyers and
political leaders who consider themselves the
most outstanding apostles of mems rights in
general.
The relatively conservative group complains
that there's grown UP in this country of late.
an idea that it's perfectly legitimate for gov
eminent departments, commissions, bureaus
and even individual officials to take upon them
selves the functions of our courts. Not only
that, but it's asserted that they're doing it,
and up to date their rulings have withstood all
attempts, by those who question them, to get
into court with test cases.
An instance of it. pretty prominently men
toned is that of a California mail order con.
Germ, charged with disappearing itself to
the public through the utilization of postal IA
c%ilities in violation of postoffice regulations.
In this connection three federal actions we're
brought against the company. One OF them
"a legal prosecution of the outfits president)
the government lost, due to an acquittal by a
federal court jury. However, Uncle Sam nailed
the corporation after it's head had been clear
ed judicially.
A Departmental Ukase
Simultaneously with the accusation against
the mail order company's president, the post
office department has issued a fraud order"
against the company itself.
The company contends that, a federal court
having acquitted it's president, this fraud
ORDER should be rescinded, but the depart
ment refuses. Vincent N. Miles, its solicitor,
takes the position that, since the mail order
business was necessarily discontinued at that
time (the time when the order was issued)
nothing now is before the department to be
considered"
Against the company there also is a case
(not yet decided before the federal trade
commission.
It's argued by spokesman for the present
system that such procedure is perfectly prop
erin other words, that what might be now
termed a ''ukase'' has just as much weight
Cor more) than any decision from the oench.
It's to upset this theory that the American
Bar association is plugging Tor re-enacunent
of the Logan-Walter measure, winch passed
the senate at the last session OF congress but
still is hanging fire in the house OF representa-
tiveS,
The Bar associations thesis is that a court
test should be made of any decision by a de-
partment bureau, commission or other govern
mental 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 ana
until he reverses himself or is reversed by a
higher judicial tribunal. 4
Logan-Walter Bill
It's a fight which has been raging for a num-
Der of years.
One of it's early leaders was the late Senator
M. M. Logan, of Kentucky. He and Represen-
tative Francis E. Walter, OF Pennsylvania,
were partner-sponsors of the Logan-Walter Bill
on the subject. Congressman Walter still IS
plugging for it.
Many New Dealers don't like it. They think
it threatens to hamstring some of the executive
agencies that they believe in.