Evening star., 1940-12-18

governing the clearance of vessels,
so as to prevent violations of that
act which might otherwise have
occurred.
The Administrator of Civil Aero
nautics administers the Civilian
Pilot Training Act program for the
purpose Of providing in the interest
of national defense a reservoir of
trained pilots to be available for the
use Of the armed forces of the
United States. Obviously, the ad-
ministrator should be permitted to
issue the necessary rules and regu-
lations without notice followed by
protracted hearings. Otherwise, an
important feature of national pre-
paredness would be unconscionably
delayed.
Some, But Not All,
OF Treasury Covered.
The Treasury Department is in
cluded in the bill, although the legis-
lation excepts the Comptroller of
the Currency, Internal Revenue,
Customs and personnel sections of
the Treasury. This leaves the bill
as covering clearly the fiscal and
financing operations and the pro-
curement and purchasing func-
tions of the Treasury Department
Whether it covers the Coast Guard,
or whether the latter may be con-
sidered exempt as part of the
military or naval establishment, Is
uncertain
The Treasury performs vital de-
fense functions-particularly in &C.
onomic defense. They would be sub
jected to the time-consuming pro-
cedures of this bill.
One such function is the foreign
funds control. Orders have been
issued freezing control of foreign
funds in this country from the
areas overrun by aggressor armies,
such as Denmark, Norway, Belgium,
Holland, Luxembourg, France, Lat
via, Lithuania, Esthonia and Ru-
mania. Such controls to be sue
cessful must be applied Immediately
and without notice. In connection
with foreign funds control many Ii
censes must issue, many rulings and
decisions must be made. In the first
six months of foreign funds con-
troll more than 10000 applications
for licenses were filed and passed
on by the Treasury Department.
About 5000 have been denied. To
put this volume of decisions through
the procedures provided by this bill
would be dilatory, costly and disrup-
tive of the whole plan of control.
In tis financing activities the
Treasury issues many regulations
with respect to such subjects as
bonds and notes, interim certifi-
Gates, sale and issue of Treasury
bills and offerings of savings bonds.
The success of Treasury financial
operations often depends on secrecy
and timing. The hearings require
ments of the pending bill would in
form spectators in advance of in
formation which every administra-
ton in the history of the country
has believed should be jealousy
guarded.
Nor is it clear why the procure
ment activities of the Treasury
should be subject to the bill while
those of the Army and Navy are
excepted. By the Strategic Materials
Act of 1899 the Treasury is charged
with the purchase, storage, mainte-
nance and rotation of strategic and
critical materials essential to the
national defense. Millions have been
appropriated for the purpose.
Equally important is the defense
housing equipment purchasing pro-
gram which the procurement divi-
sion has undertaken under the re-
cent Defense Housing Act of 1910.
The requirements of this bill are
expressed with such generality that
any dependable and complete cata-
logue of its effects on the national
defense could only be complied after
experience. Its tendency in the di-
rection of delay, uncertainty and
litigation will appear from an ex-
animation of its provisions.
II.
Judicial Advice as to Validity of
Administrative Rules.
With a purpose, no doubt, of pre-
venting administrative agencies
from magnifying their powers
through PRONUNCIATION of rules, Sec
ton 3 of the bill, conveys sweep
ing grant of jurisdiction to the
United States Court of Appeals for
the District of Columbia: Upon
petition filed by any person sub
stantially interested in the effects
of any administrative rule to
hear and determine whether any
such rule is in conflict with
the constitution of the United States
or the statute under which issued"
The vice of this innocent looking
provision is that it opens the door
to abstract litigation over the valid
ity of administrative rules, and
thereby throws overheard the most
time honored and universally ac-
cepted of all principles governing
judicial review in the Federal
courts; the principles that those
courts sit only to decide actual liti-
cations and not to weight abstract
legal questions. President WASH
ington, you will recall, sought the
help of an advisory opinion from
the Supreme Court as to a legal
problem that perplexed him. 1t was
refused, and the court has since
adhered to the principle that it will
decide only law questions when
they arise in concrete litigations
coming within the legal concept of
a ease" or controversy"
This bill must be interpreted as
expanding that power or it has no
effect whatever. Under the Declara-
tory Judgments Act of 1884 any per-
son may now obtain a judgment as
to the validity of such administra-
tive rules, if he can show such an
interest and present injury there
from as to constitute a cease or
controversy" This bill removes that
limitation, or it does nothing.
privofo Ci<i1opc Nav An-ooI