Evening star., 1946-05-12
Senator McCarran.

was lSpO1 GCu W J1lE 11OuSC N1dy
It's principal sponsors, Senator
McCarran, Democrat, of Nevada
and Rep. Summers, Democrat, OF
Texas, chairmen, respectively, of the
Senate and House Judiciary Com
mittees, and Representative Walter
Democrat subcommittee chairman
who introduced clarifying amend
ments to the Senate-approved
measure, expect a House vote with
in two weeks. The Rules Commit
tee last Friday opened the way for
floor consideration.
The purpose of this bill the
House Committee reported, lis to
assure that the administration OF
Government through administra-
istrative officers and agencies shall
be conducted according to estab-
1ished and published procedures
which adequately protect the private
interests involved, the making OF
only reasonable and authorized
regulations, the settlement of dis
puteS in accordance with the law
and the evidence, the impartial con-
ferring of authorized benefits or
privileges, and the effectuation of
the declared policies of Congress in
full"
Aims at Simplicfication.
Analysis of the bill and its back
ground indicates it aims to systema-
tie and simplify rather than con-
troll the Fourth Branch" of the
Government. Even more important,
according to its sponsors, it tries to
meet if not solve the problem of ad-
ministrative agencies which exer-
else quasi judicial and legislative
functions.
President Roosevelt recognized
that problem when in 1887 he told
Congress that the practice of Great
Ing independent regulatory COM
missions who perform administra-
tive work in addition to judicial
work threatens to develop a Fourth
Branch of the Government for
which there is no sanction in the
Constitution.
Other reasons were summed uI
several years ago when the Senate
Judiciary Committee reported a
somewhat similar measure and de-
clared:
The present situation of indie.
scribable confusion is due to the
fact that the Congress has ignored
the development of the administra.
tive process prior to 1861; that since
such tirae Congress has created ad.
ministrNive agencies without regare
to any uniformity of the judicia
review provisions and without re.
gard to tire procedure developed ane
proven prior to that time, and thai
the law schools have placed undue
emphasis on the pathological aspect.
of the administrative procedure
rather than upon the statutes anc
the administrative processes. Added
to this has been the constantly
growing compleXity of the Fedora
Government"
Would Minimize Power.
To remedy the situation, the Nc
Carran Summers bill sets fortf
minimum essential rights and priv.
ileges" 1t calls for widespread, de.
tailed publication of agency organi.
zation and operations. 1t distin-
guishes between agency legislative
functions such as rule making, anc
judicial functions such as adjudica
ton of cases.
1t separates prosecutors from
judges so that the same officials
would not prosecute or investigate
cases and then decide them. 1t stip.
ulates standard methods for hear.
ings in cases where hearings are re-
quired by present laws. 1t spells
out rights and procedures for ade.
quate court review of agency de.
cisions.
Notwithstanding these and othel
provisions such as those covering
agency jurisdiction, examiners ane
Investigations, the bill, according tt