The Ypsilanti daily press. (Ypsilanti, Mich.) 1928-1962, 1945-05-01

President truman pIlnCApol
task at the beginning Of his term
seems 10 be the re-establishment OF
due process in government. Mr..
Roosevelts popularity gave him
/ freer hand than the American sys'
I tenn OF government normally allows
I a President, and Congress added TO
/ his powers during the blank
check" and war periods. The re
suits. on the whole, have been con-
| fusing in many directions. Person
al government often has the ad-
vantage OF speed in decision and
execution; ii always suffers all the
disadvantages OF whimsicality and
/ favoritism. II always lacks con-
tinuity because II functions not
within the narrow margins OF due
process" but according TO the pri.
waite judgment, likes. a . dislikes OF
the ruler.
IL is interesting. in this connec-
ton, TO read dissenting opinion
bx Justice Felix Frankfurter in the
case OF Malinski VS.. People OF the
State OF New.York, in which he
says
THE safeguards of due process
Of law and the equal protection
OF the laws summarize the history
OF freedom OF English-speaking peo'
pies running back TO Magma Carta
and reflected in the constitutional
development OF our people. The
history Of American freedom is, IN
no small measure, the history OF
procedure
1t is procedure as much as the
law which safeguards the liberties
of a people. In fact, sound law and
/ Inadequate procedure will not
serve. for then the law becomes
mere philosophic expression or Vt
might even degenerate into slo-
gan. II is procedure which makes
| the law a living institution. 1t is
the form that protects the content;
IL is the manner that upholds the
truth. That, for instance, is the
difference between our Bill OF
Rights and similar expressions OF
\ good-intent by many countries
which make promises Of freedoms
but avoid vitalizing them by due
process and protecting them by IN
sistence upon procedure. A constr
tuition might be little more than
an avowal OF good intentions I'M
less a procedure is erected to give
life TO its purposes.
In the case. Georgia VS.. Pennsyl-
vania Railroad Company, an issue
is raised which Is equally startling,
namely that q state may require the
| Supreme Co.., 20 take direct Juris-
diction over rates against COM
mon carrier engaged in interstate
commerce on the ground that GER
tain railroads have entered into a
conspiracy in restraint OF trade.
Clearly this involves the Sherman
Antitrust Law and the Clayton
Act. Clearly this involves the
Jurisdiction OF the Interstate Com
merce Commission and the Attor-
ney-General of the United States.
II one state can cause the court
10 take over the regulation OF rates.
the same. court Is open to every
| other state.
Again we deal with the question
Of orderly procedure. Justices
stone. Roberts. Frankfurter and
Jackson. in dissenting opinion IN
this case, said: d,
a. the State has not aYalled
itself OF or exhausted the admins
tratiye remedies provided by the
interstate Commerce Act, which
r,ov ,rord an ADEQUATE remedy and
which must in any case precede
the institution OF the present SUIT
in equity
That is the orderly procedure,
not a hit-skip-and-m miss attempt TO
get around the law, no matter now
unsatisfactory.
The Interstate Commerce Com
mission is the duly authorized agen'
cy to fix on railroad rates. the
Justices say:
-. this Court has uniformly re-
fused to permit party under gulse
OF suiting under the antitrust laws
to seek in the courts by indirection,
determinations which are reserved
for the Commission in the first
instance
In a word, they emphasize prop.
er procedure, the correction OF
evils. il they exist, through the
suitable agencies. Mr.. Truman,
as he delves into the maze of
boards, bureaus, offices and admin
istrations appointed during II
years OF the New Deal will find,
more and more. that order can be
re-established by restoring proce-
dure. due process, delimiting the
authority OF particular agencies,
| functioning within constitutional
margins, avoiding clashes Of pow
er and that worst Of Washington
vices. empire building, by which
individuals elevate themselves
]