Detroit evening times. (Detroit, Mich) 1921-1958, 1941-11-07
A Devastating Analysis

DR. ROSCOE POUND dean emeritus of the Harvard
IL Law School. made devastating analysis before the
recent convention of the American Bar Association of
injusces and nequtes prevalent under the vastly
panded administrative agencies of the federal government
This recalls that somewhat less than year ago the
Congress- by substantial maortes in both houses passed
the WaterLogan bill for the precise and comprehensive
purpose of correcting such injusces and nequties by
providing for orderly review in the established courts of
the proceedings and acts Of the so-caed administrative
agencies
1t was the calm and considered judgment of Con
gress supported by persistent and overwhelming public
demand that the rights and properties of the American
people should not depend for final judgment upon the
whms and caprice the preudgment and prejudice,
mon to purely political bodies
THERE nothing in the WalterLogan bill to lessen
the usefulness of the various administrative agencies
1t simply sought to provide the American people,
when impairment of their rights and interests by these
agencies claimed, with avenues of appeal and re-
view-n short, final determination of judgment by
judicial and unprejudced minds.
The Congress which passed the Waer-Logan bill
was Overwhelmingly a New Deal Congress, strongly
sympathetic with the Roosevelt administration md auto
craticaly and almost ruthlessly controlled by it.
So 1t was in anti-adminstration measure,
but sincere and entirely proper and commendabe in
strument for sIeviaton of abused and impaired public
rights.
Nevertheless President Roosevelt vetoed the bill and
sustained.
nzed the need for Improvement in the system which had
developed such obvious and admitted abuses lin
years have observed that there has been subston"l
Improvement in the standards of administrative action
HE reaf reason for the veto was, of the
luctance of the New Deal administration to surrender
the powers which accrued to it through independence
from and unaccountability to the which the
American people ordinarily and additionally had the
right seek refuge from and remedy for demonstrabe
abuse
Since then the continuing and increasing evils of
arrogant executive bureaucracy have had further curb
as Doctor Pound discloses
The unrestraned system Of rendering administrative
justice against the American people, without appeal TO
review by the courts, has affected vital public
interest including industry, finance and labor
1t has disposition, says Doctor Pound, Ito hear
fully and with scrupulous fairness both sides Of
troversy
1t has tendency to make determinations of fact
seriously affecting individual rights without basis in
substantial evidence
1t sets up and gives effect 'to policies beyond or
at variance with the statutes or the general law
governing the action of the agency"
Ii determines facts ION the basis Of preconceptons
assumptions Of facts to fit the assumed exgences of
a policy"
The of its tendencies and dispositions according
to Doctor Pound 's phase of the recrudescence of
absolutsm conspicuous in all parts Of the world in the
last decade"
Thus the compacent confidence Of the President in
the capacity of the administrative system TO limit and
eface its evils was misplaced
Congress should assert itself again as sincerely and
properly and commercially before and re-enact the
sound and necessary Waer-Logan bill and persuade the
President Of and necessity possible and pass
it over his veto If necessary