The Wilmington morning star. [volume] (Wilmington, N.C.) 1909-1990, 1943-11-16
The Truth About OPA

The Truth About OPA
The report of a congressional committee
headed by Representative Smith Of Virginia
concerning Office of Price Administration poll
cies and practices is peculiarly interesting to
Wilmingtonians because of current OPA acti'
vities as a result of which certain grocers
accused of violating ceiling prices are sum-
moned to answer before hearing commission
er.
One paragraph from the report puts the
case with exceptional clarity and ought to
serve notice on the agency that Congress, no
less than the public, will not endure much
longer its high-handed domination. The re-
port charges:
The Office of Price Administration has
assumed unauthorized powers tc leglslate
by regulation and has, by mls1nterpreta-
ton of acts of congress, set up natlon-
wide system of judicial tribunals through
which the executive agency judges the ac-
tons of American citizens relative TO us
own regulations and orders ana imposes
drastic and unconstitutional penaltles upon
those citizens, deprivng them In certain
instances of vital rights and liberties WIFI
out due process of law.
It is inconceivable that Congress intended TO
give OPA any such powers as it has usurpeo.
It would be inconceivable to believe tnat
Congress, with the Smith report before IT,
and with the evidence uncovered by It's MEM
bers among their constituents during the re-
cent recess. can consent to any continuation
of OPA's unconstitutional processes.
If Congress did so, it would set aside us
responsibility to the people to enact laws Tor
the peoples protection. 1t would acknowledge
that it is impotent to safeguard the public
against fascism.
Wilmington is having a demonstration OF
Just what the Smith report cites as typical
of OPA practices. There are OPA agents in
the city going from store to store searching
for ceiling price violations and issuing sum-
monses with a free hand for violators to ap-
among it's own personnel or in lieu OF ap-
pearance to close up shop for an indetermin-
ate period of time, in which case the charges
would be dropped
Clearly this is an unconstitutional procedure
In the first place an OPA Hearing Commits
sioner has no Constitutional authority. And in
the second, the agent of any tribunal, legal
or not, has no constitutional authority to COM
promise with an offender. If he does So he
compounds the cffense. Quite as clearly, the
1>1,fl -,on1
that to induce a merchant to close up if for
only fortnight is to drive him out of bust
ness. Furthermore, the tenor of the summons
indicates the OPA has little respect for the
Common Law which declares man innocent
until he is proved guilty, ana inclines to
count him guilty until he has proved his in
nocence.
Now, the common sense procedure by OPA
investigators would be to find evidence of
deliberate intent to defraud before dragging
a grocer before a Hearing Commissioner,
whose own status under both Constitutional
and Common Law is questionable and unless
such evidence is found to help him correct
his errors.
AAS'
one man in a thousand can understand much
less interpret, OPA directives, which are as
contradictory as the fancies OF adolescence
Instead of holding big stick over store keep
ers they would play much better part in
these difficult times if they brought aid in
stead of threatening punishment.
We have no thought Of defending willful vio-
lators of ceiling prices, but we cannot remain
silent when many mistakes bounced upon
by the OPA investigators are due to the IN
ability Of grocers to know what the OPA is
driving at when it reverses itseh as often as
a pendulum.
The Smith report adds that the OPA has
developed an unauthorized and illegal judi
cial system . and such intricate and in
volved administrative review machinery that
litigants are completely bewildered by the
maze of procedure through which they must
wander to eventually arrive at court which
will grant them only crumbs Of relief" The
truth of this is being demonstrated in Will
mington today.