Evening star., 1941-01-28

power of economic life and death
over the citizen and his business
and yet are not restrained either
by Congress or the courts.
The abuses of these governmental
agencies did not begin with the pres
ent administration, but they have
been multiplied under the New Deal
because of the vast amount of power
delegated to such agencies by Con-
gress under the broadened inter-
probation of the commerce clause Of
the Constitution.
The exponents of liberalism who
have fought to take the shackles of
the citizen and his interests by in
sisting on fair trials and hearings
have been fighting an uphill battle.
They concentrated their energies on
the Logan-Walter BILL which passed
both houses of Congress by an over
whelming vote, only to be vetoed by
Mr.. Roosevelt at the behest of the
bureaucrats, who naturally feared
q diminution of their powers.
But public opinion has again
forced the issue to the front. The
administration gave as the basic
reason for vetoing the Logan-Walter
bill its desire to await the report
of special committee of jurists
headed by Dean Acheson. Mr.. Ache
sons committee has just made it's
report and a minority of prominent
jurists has also filed its views. Now
the administration will be con-
fronted with test of its earnestness
with respect to substitute for the
Logan-Walter bill. The Acheson
committee has drafted bill. Will
the President and his supporters
push 1t to passage?
Protection for Citizens.
The liberals who are fighting for
the citizen In the exercise of his
rights before governmental tribunals
feel that the majority report does
not 60 far enough.
The minority report Is signed by
Carl Mcfarland, formerly assistant
to Attorney General Cummings;
Dean Stason of the University of
Michigan law school, and Arthur T.
Vanderbilt, former president of the
American Bar Association and re-
Gently a defender of Norman
Thomas in his Jersey City expert
ences with Mayor Hague. Chief
Justice Groner of the Court of Ap-
peals Of the District of Columbia
filed separate report concurring
in the main ideas Of the minority
report.
The minority members insist that
the governmental agencies ought to
make fundamental rules so that the
citizen would not be confronted with
potential threats against his con-
duct of business arising out of hap
hazard rulings in specific cases. The
proclamation Of "code of fair ad-
ninistrative procedure" is urged, not
In detail, but with basic principles.
The minority report says on this
point:
such a statement should be of
invaluable assistance to the private
persons on whom the powers of Gov
ernment impinge, for they could
learn more readily and clearly when,
where, and how to proceed, and
greater cooperation with Govern
ment officials would be assured. 1t
would be of inestimable value to
American Government itself by
helping to alleviate the disrespect,
distrust and fear now felt by alto
gether too large q percentage of
American citizens. ."
Discretionary Powers.
Little has been said in the COM
mittee report regarding administra-
tive discretion, but most people are
aware Of the great extent to which
discretionary powers figure in con-
temporary government. No
more satisfactory way can be found
of eliminating apprehension and
minimizing hazards than by legis-
lative statement of comprehensive
standards of administrative proceed
ure to chart the course of admins
trative action, to insure adequate
publicity of process, to give the citi-
zen every fair and reasonable oppor-
tunity to present his cause and to
insure that administrative officials
act under circumstances best cal
culated to produce a fair and
prompt result. -"
I'm the matter of administrative
adjudication, We must say whether
or not, and in what respects, there