Detroit evening times. (Detroit, Mich) 1921-1958, 1943-02-05
Justice Murphy Dissents


THE United States Supreme Court recently upheld by
vote of to , the right of the secretary Of labor
to exercise the power of subpoena in circumstances pre-
vously held by lower court TO preclude such exercise
of power
1t is not unusual for the Supreme Court to override
lower court
Nor is it unusual for the Supreme Court to be divided
within itself in doing
Many disputed matters find not only the several
courts involved at odds bat the several justices COM
prising the highest court at odds as well,
And of course, the final determination Of the matter,
as represented by the majority of the Supreme Court
constitutes the prevailing judgment
DUT it is wei to note in this connection that the judg
ID which prevails IS not necessarily inallble or
permanent
Minority judgment often has not merely the weight
Of sound reasoning and basic justice but also the ee-
Inents OF subsequent acceptance.
Therefore minority opinions within the United States
Supreme Court always significant and are accorded
Importance.
That is especially true in the involving the SUBJ
pena powers of the secretary of labor.
Justice jackson and his five colleagues were The
ma jority and gave the opinion which prevails now.
DUT Justice Murphy and Justice Roberts who concurred
- with him. offered the dissent which will ultimately
prevail if their reasoning and Interpretation stand better
the test of time and experience.
Obviously there has been final disposal Of the specific
But since other involving the same issues and
facts will arise the future and the prevailing judgment
will apply unless and until reversed it is important to
know if sound principle of law has been enunciaed and
real justice done, if start has been made for the
repetition and compromising of error and injustice.
The majority opinion held that the secretary of labor
had the power of subpoena in this instance beyond the
right of any court to challenge it, because j..
Congress submitted the administration of the act
to the judgment of the secretary of labor not to the
judgment of the courts"
Y1rSTTf-rc D1RptJy AND ROREPTS dseentod from
j this on grounds which merit study, in view of the
bearing on future law and philosophy of government
Justice Murphy conceded that administrative agen-
cies such the department of labor should certainly
not be subjected to unwaranted and iladvised INTRU
SIONS by the judicial branch of the government"
But, he wrote
"H they are freed of all restraint upon INQUISI-
TORIAL activities and allowed UNCONTROLLED
discretion in the exercise of the sovereign power of gov
eminent to INVADE private affairs through the of
subpoena to the extent required sought in situations
like the before and other inquiries of much
JEALOUS officials, they may at times become INSTRU
MENTS OF NTOLERABLE OPPRESSION AND
INJUSTICE"
WHEN this dissent is viewed in the light of the long
w record of "intolerable oppression and injustice
attributable to administrative agencies in recent years it's
weight is impressive
Many of these agencies have frequently gone far
beyond mere administrative" functions
Many have claimed and even usurped and certainly
exercised JUDICIAL powers
And in consequence bureaucratic decree has often
HAD THE EFFECT OF LAW, deprivng the people of
their traditional right of appeal to and protection in
established courts of law.
THAT is the substance of the Murphy Roberts dissent
i that safeguards must be maintained and erected
necessary against bureaucratic nquiston, oppression
and injustice.
For several years the Congress itself has attempted
to provide such safeguards through the Waer-Logan
BILL requiring judicial review of all acts by
administrative agenciesand has been defeated in that
attempt by the President.
The startling fact that which speaks
bureaucratic inquson within the Supreme Court itself
has been reduced to the proportions of minority and dis
sent surely emphasizes the great and pressing need for
legislation of the Walter-Logan pattern.
PRIVATE BUCK =. BY Clyde Lewis
CAMP ~