United States

of America
(tongressional Record
PROCEEDIN,.GS AND DEBATES OF THE 79 th CONGRESS1 FIRST SESSION

Index
VOLUME 91-PART 14

JANUARY 3, 1945, TO DECEMBER 21, 1945

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 HISTORY OF BILLS AND RESOLUTIONS
S. I-To 'create an independent Civil Aero-
nautics Authority and an independent
Air Safety Board, to promote the devel-
opment and safety and to provide for
the regulation of civil aeronautics, and
to promote world leadership by the
Un'ited States in aviation.
Mr. McCarran; Commitee on Commerce. 76.
S.2-To provide for Federal aid for 'the de-
. velopment, 'construction, improvement,
and repair of pUblic airports in the
United states, and for other purposes.
Mr. McCarran; Committee on Commerce,
79.-Reported with amendment (S. Rept.
224), 3943.-Debated in Senate, 4111-
4120.-Qrdered restored to'· calendar,
4120.-Debate in Senate, 7280, 8431,
8468, 8481, 8519.-Passed Senate, 8533.-
Referred to House Committee on 'Inter-
state and Foreign Commerce, 8582.-
Amended and passed House (in lieu of
H. R. 3615), 9812.----Senate disagrees
to House amendments and asks for a
conference, 9880.--Conferees appointed,
9881.-Qrdered printed with House
amendments, 10083.-House insists on
its amendments and agrees to a con-
ference, 10306.--Conferees appointed,
10306.
S.3-To provide for the training of air-
traffic control-towel' operators.
Mr. McCarran; Commitee on Commerce,
76.
S.4-To enact the Aviation Salvage at Sea
Convention into statute law in the
United States.
lI1r. McCarran; Committee on Commerce,
76.
S.5-Authorizing the advanced training in
aeronautics of technical personnel of
the Civil Aeronautics Administration.
Mr. McCarran; Committee on Commerce,
76.
S. 6.-To provide adequate aeronautical
training for the youth of' the United
states.
Mr. McCarran; Committee on Commerce,
76.
S. 7-To improve the administration of jus-
tice by prescribing fair administrative
procedure. . Mr. McCarran; Committee on the District
Mr. McCarran; Committee on the Judici-
ary, 76.-Reported with amendment (S.
Rept. 752), 1078.
S. a-To provide for the use of 10 percent of
the receipts from national forests for
the making,of range improvements With-
in such foreSt•.
Mr. McCarran; Committee on Agriculture
and Forestry, 76.
S. 9-Providing for the reorganization of the
government of the District of Columbia,
and for other purposes.
Mr. McCarran; Committee on the District
of Columbia, 76.
13.1D--Providing for the issuance of certifi-
cates of statutory compliance witl;1 cer-
tain national standards to certain cor-
porations and trade associations engaged
In or a1Iecting commerce.
Mr. O'Mahoney; Committee on the JUdi-
Ciary, 76.
SENATE BILLS
S. ll-To protect the foreign relations and to
promote the trade and commerce of the
United States, to require the disclosure
to the United States of information af-
fecting such trade and commerce, and to
safeguard the se<;urity o~ the United
States.
Mr. O'Mahoney; Committee on the Judi-
ciary, 76.
S. 12-To express the intent of the Congress
with reference to the regulation of the
business. of insurance.
Mr. O'Mahoney and Mr. Hatch; Committee
on the Judiciary, 77.
S. 13-To provide for the replanning and re-
bUilding of slum, blighted, and other
areas of the District of Columbia and the
assembly, by purchase or condemnation,
of real property in such areas and the
sale or lease thereof for the redevelop-
ment of such areas in accordance with
said plans; and to provide for the organi-
zation of, procedure for, and the financ-
ing of such planning, acqUisition, and
Sale or lease; and for other purposes.
Mr. McCarran; Committee on the District
'Of Columbia, 77.
S. 14-To create the National Capital Metro-
politan Water Administration, and for
other pUl'poses.
Mr. McCarran; Committee on the District
of Columbia, 77.
S. 15-To amend an act entitled "An act to
prescribe the method of capital punish-
ment in the District of Columbia," ap-
proved January 30, 1925 (43 Stat. 798,
ch. 115, Pu.blic law 348, 68th Cong., 2d
sess.) .
Mr. McCarran; Committee on the District
of Columbia, 77. . Mr. McCarran; Committee on the Judiciary,
S. 16-To amend the District of Columbia
Barber Act.
Mr. McCarran; Committee on the District
of Columbia, 77.
S. 17-To prohibit the issuance of alcoholic
. beverage licenses in certain localities in
the District of Columbia, to prohibit ad-
vertising the price of such beverages, and
for other purposes.
of Columbia, 77.
S.18-To further amend the Servicemen's
Dependents Allowance Act of 1942, as
amended, so as to provide for the relief
of certain Widows, children, and other
dependents of servicemen who die as a
result of injUry or disease incurred in or
aggravated by military or naval service,
and for other purposes.
Mr. McCarran; Committee on Finance,
77.-Committee on Finance discharged
and referred to Committee on Military
Affairs, 4383.
S.19-To provide. for Senate ratification of
foreign-trade agreements.
Mr. McCarran; Committee on Finance, 77.
S.2l).c-To amend the Internal Revenue Code,
as amended, and the Federal Alcohol Ad-
ministration Act, as amended.
Mr. McCarran; Committee on Finance, 17.
S.21-To amend the Internal Revenue Code
by providing a deferred maintenance de-
duction for carriers.
Mr. McCarran; Committee on Finance, 17.
S.22-To authorize the Secretary of the In-
terior to isSue patents for certain lands
to certain settlers in the Pyramid Lake
Indian Reservation, Nev.
Mr. McCarran; Committee on Indian Af-
fairs,: 77.
S. 23-Providing for the transfer to the rec-
lamation fund and waiving of interest
upon Government-owned bonds, notes,
and other obligations of drainage, irriga-
tion, and reclamation districts.
Mr. McCarran; Committee on Irrigation
and 'Reclamation, 77.
S.24--For the relief of the Truckee-Carson
irrigation district. .
Mr. McCarran; Committee on Irrigation
and Reclamation, 77.-Reported with
amendment (S. Rept. 226), 4095.-
Amended and passed Senate, .4801.-Re-
ferred to House Committee on Irrigation
and Reclamation, 4912.-Reported back
(H. Rept, 778), 6535.-Passed House,
7199.-Examined and signed, 7341, 7353.-
Presented. to the President, 7431.-Ap-
proved [Public, No. 143), 7825._
S.25-To amend the act of August 11, 1939
(53 Stat. 1418), as amended by the act
of October 14, 1940 (54 Stat. 119), relat-
ing to water conservation and utlllzation
projects.
Mr. McCarran; Committee on Irrigation
and Reclamation, 77.
S. 26-To permit defendants to waive prose-
cution by indictment.
77.
S. 27-To provide for suspending the enforce-
ment of certain obligations against the
operators of gold and silver mines Who
are forced to cease operations because of
the war.
Mr. McCarran; COnlmittee on the Judiciary,
77.-Reported back (S. Rept. 158),2999.-
Passed Senate, 3195.-Referred to House
Committee on Mines and Mining, 3350.
S.28--To incorporate the American Women's
Voluntary Services.
Mr. McCarran; Committee on the Judiciary,
77.
S.29·-To provide for loans to enable vet-
erans of World War II to pay debts exist-
ing at the date of their discharge from
the service.
Mr. McCarran; Committee on Military Af-
fairs, 77.
S.3O-To provide for the' issuance of awards
for service in the Civil Air Patrol.
Mr. McCarran; Committee on MiLitary Af-
fairs, 77.
S.31-To amend the Taylor Grazing Act for
the purpose of providing for greater par-
ticipation by district advisory boards in
administration of the act.
Mr. McCarran; Committee on Public Lands
and surveys, 77.
751
 ·UNITED STATES OF AMERICA

<tongressional Record
PROCEEDINGS AND DEBATES OF THE 79 th CONGRESS
FIRST SESSION

VOLUME 91-PART 1

JANUARY 3, 1945, TO FEBRUARY 23, 1945

(PAGES 1 TO 1402)

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ANCHORAC£ COMMUNITY C»U:I<iI
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I
,76 CONGItESSIONAL RECORD-'SENATE JANUARY 6
COMMITTEE ON' PENSIONS
DEcEMBER 28, 1944. name of a person emploYed by the committee of Senate Resolution 319. agreed to August
To the Senate: wbo is not a. full-time employee of the Sen- 23, 1944:
The abOve-mentioned committee hereby ate or of the committee for the ntonth of
submits the folloWing report showing the December' 1944, in compliance with the terms
Annual rate
Name and address of department or organization ,by whom of comPen-
Name 01 Individual Address paid sation
-
Louis J. Meyerle____.._.___.._••____:._•• 612 Bennington Drive, Silver Spr,lng, Md_________••_._, Veterans Admlnistration___ ••_••__ :.___ ._•• _____.. __...____ •___ l5,OGO

JAMES M. TvNNELL, ChaIrman.

UNITED STATES SENATE Memorandum from l:lenator McCAIUlAN, chalr-
COMMITTEE ON Pt/BLIC LANDS AND SUB\1ETS man, ,Suboommittee 'to Investigate the
Administration and Use of certain Pub.
December 31, 1944. lie Lands.
To the Senate: , " 'l'o: Senator 'CAIlL A. ~TCH,chalrman, Sen-
'ate 'Committee on Publtc ,Lands and'
Thll above-mentioned committee hereby surveys.
submits the following report showing the The following persons are detailed ,from
name 'of per~ns employed by the committee the Department of Agriculture, Forest Serv-
who are not full-time 'employees 'of tbe l:len- Ice. to assist with the work ,of the above
ate or of the committee for, the month of subcommittee:,' , '
December, in compliance with the terms ot , E. S. Haskell, 'senior administrative oftlcer,
Senate Resolution No. 319. agreed to August' ,Porest Bervice, CAF-12; basic salary, $5,000
23, '1944 (see attached memorandum) • per year.
,Elizabeth HCQkman, clerk CAF-5; basic
,CA1lL A. ~TCH, salary• $2.000. per 'year.
Chairman. DEcEMBER 31, 1944,
SPECIAL COMMlTI'BE TO STUIIY AND SUIlVEY PROBLEMS OF SMALL
BUSINESS E~
JAWVARY 1, 1945. names Of persons employed by the committee of _Senate Resolution 319.: agreed t,o
To the Senate:" who are. not full:tlmeemployees 'of the sen'; 2$,1944: ' , , -
Theabov8-mentioned committee hereby ,-,'ate or of the committee for the month 'of
submits the following report showing ths December 1944, in compliance with the terms
UNITED, STATESl:lE~,ATl!l,
SPECuL COMMITTEE TO STUDY
PROBLEMS 0:V AMERICAN'SMALL BUSINESS,
January 2. 1945.
The, VICB P1lBsmEN-r.
Un'lted StlltesSenate,Washington, D. C.
' DEAR MR: ViCE'P!lESIDENT:Pursuant to Ben-
ate Resolution 319 'I am transmitting here-
With a list of employees of the Special Com-
mittee to StUdy Problexns of American small
Business who are not full-time employees of
the Senate.' InClUded with this list Is the
name and address of eacb such employee; the
' name ail. address, of' the departmant paying
thesalaJ'Y of-such employ'ee, and the annual
rate-of compensatton-far'eachsuch employee;'
Respectfully yours,
.. JAME!! E. Ml1Il1lAY,
Chairman.
By DEwEy ANDERSON,
E:z:ecuUve Secretary.
Au~ust

Name and address or Department or organization by whom Annual rate

Name 01 inillvidual Address ,paid of compen-
satlon

Cheney, Bralnard__.. _
CrivelIa, Agnes E ._. __ 3418 Highwood Drive ~E'J_:w~hingtonJ..D. O.... m __ • • Fore(gn Economic Administration, Washingt.on. D. O_.. _m. $6.600
1408 Buchanan St.NW.; washington, lJ. C_.n.. War Production Board. Washington, D. C. ._n.n_Cn _ 2, 700
Devitt, Emerald G••__ n ._. __,. ._.
& 027Jf;WE~.oW:~h1ri~~~~.~::====:====:=:::::==:_ :::=~~=::=:=:::::=:~==:=:::==:::=::::::=::=====::===:===::==:==:
2,000
Digges, Elsie A.'n.; ••._.'_. _ 1,800
Evans, Harrg J ._00. .__._.__.._ 3010 Gains.ville St. SE., Washirigton, D. O mm___ Reconstruction Finance COJ1lOratiiln, Washington, D. 0 ••. 6,600
Forjles, F. preston_..._••_•• • _ 610 Four Mile Rd., Alexandria, Va ._n_._.__"__...._ Department of Commerce, WashlDgt.on, D. 0._•.••_.. , .. 4,600
Fuller, CarOl M n __.._. • __.. _.. 2101.S St. NW:.o...Washll1.l{ton, D. O.. _n __ ._m .m Office or Price AdmJnistratlon, Washington, D. O • m__ 2, 100
Gray. Scdtt K., Jr.__.n_n. • _ 119 Joliet St. Bw., Waslll~gton, D. O •__ ._.._....._Reconstruction Finance Corporation" Washington. D. O__ m_. 4,600
Oroeller, 'Stella-l__'_;_;._•• : ~ • 1127 Branch Ave. SE" Washington, D. C._••••_.. War Production Board, Washington, D. 0._. • • __ .... 2,600
Heckard, Dorothy Moo..__•• ..__ ._

rfi~~:R£~:~~~~fni~~:-~~~::::::::::::::::::::::!~==::::::::::::::::::::::::::::::::::::::::::::::::::::
2,000
Kimhall, Katbleen; n. ~ . __ 2.000
Lncas, Elizabeth P _.__ ._n._... . 3120 Massachusetts Ave. SE., Washington, D. C•• 1.800
• __._do._. ._.._.._... __ ._ _•• • .. _
~.::~,I;~~rw:::======================
2,600
1445 Ogden St. NW., Washington, D. C_ .. ._... .do • ._ __ 6.600
O'Mullane, Vernice M. • _
~~~t~~~sl~~lffe.o~f.:{?asiiiiigton:jj~C==:==:==: ·oili~o"ipiic;;AdiiijniSir;itiOii,·wiiSiiiiigioii;ii-c~:===:=====:=
1,620

~8~~iin~:~lJhUa'C======:=:=========
3.200
719 n St. NEg Washlngton,D. C._... n ._.. •__do. ._.n ._n __ --_------------------------.-- 6,600
Soule, Lt. (Jr. Gr')l George H __ • • __ 4020 Beecher t. NW.• Wasnlngton, D. C • ~---- Navy Department, Washington, D. 0. . __. . __ 2,000
Spicer. Lillian E,.ve yn. .• __ 1433 Decatur St. NW., Washington.).D. C_._.__ • ... War Production Board, Washington, D. C__.... • _ 2.600
Steckman, Frederick W __• n • __ •• 4000 CathedrnlAvp., Washington,lJ.C_•• ._.._ Maritime Commission, Washington, D. C_.__ n • ._.. 4, 600
Strubel, Margie Ln n. • __ 4632 12th St, NE Washington. D. Cu ..__ .. War Production Beard, Washington, D. C_n .. ._. _ 1,800
Thurman, Allen G. . __ 201 E. Shepberd St" Chpvy£Jhase, Md __..__ .. _.• Maritime Commission, Washingtotj, D. C • _ 6.500
Van Tassel. Alfred J • n __ 1622 Mount Eagle PI., Alexandria. V~. . .. _n War Produrtlon Board. Wasblngton, D. C .. 6,600
Yelencsics,Olga • .. __ 2400 13th St. NW •• Washington, D. C••• • __ . •__do • • ... .... ..__..,. • •__ 2,000

JAMES ll::Mtl'llllAY, Ch.airman.

BILLS AND JOINT RESOLUTIONS
INTRODUCED
Bills and joint resolutions were intro-
duced, read the first time, and, by unani-
mous consent. the second time, and' re-
ferred as follows:
By Mr. McCARRAN:
S. 1., A. bill to create an independent Civil
Aeronautics Authority, and an independent
Air Safety Board, to promote the develop-
ment and safety and to provide for the
regulat!on of civil aeronautics, and to pro.;,
mote world leadership by the United States
in aviation; to the Committee on Commerce.
(Mr. ,MCCARRAN also Introduced Senate
bill 2,whlcl1 was referred to the Commit-
tee on Commerce, and appears under a sepa-
rate headirig.) , S.9. A b1ll prOViding for the reorganization affecting commerce; ,and
By Mr. McCARRAN:
S.3. A 'D1l1 to proVide for the training of
air-traftlc contrOl-tower operatol'S;
S,4. A bill to enact the Aviation Salvage
at Sea Convention into statute law In the
United States;
S. 5.'A bill authorizing the advanced train-
ing in aeronautics of technical personAel
of the Civil Aeronautics Administration; and
S. 6. A bill to provide adequate aeronauti-
cal training for the youth of the United • with corporations.
States; to the Committee, on, Commerce.
S.7. A b1ll to improve tbe administration
of justice by presCl'lbing fa!!' admlnlstratl.ve will be received and appropriately re-
procedure; to the Cpmmittee on the Judi-
ciary.
S. 8, A b1ll to provide for the use of 10
percent of the receipts from national forests
for the making of range Improvements with-
in such forests; to the Committee on Agri-
CUlture and Forestry.
0': the government of the District of Colum-
bia, and tor other purposes; to the Commit-
~e on the District of Colu~bla.
Mr, O'MAHONEY. Mr. President, I
introduce several bills dealing with some
of the problems mentioned in the Presi-
dent's message of tOday regarding free
enterpriSe and free opportunity. One
bill deals with cartels, and another deals
The VICE PRESIDENT. The bills in-
troduced by th-e Senator from Wyoming
ferred.
,By Mr. O'MAHONEY: ,
S. 10. A bill pro.vlding for the Issuance of
certificates of statutory compliance with cer-
tain national standards to certain corpora-
tions and trade assocllj.tions engaged 1n or
S. 11. A blll to protect the foreign rela-
tions and to promote the trade and com-
merce of the United States, to require th~
 UNITED STATES OF AMERICA

(iongr(Ssion,aIR((ord
PROCEEDINGS AND DEBATES OF THE 7 9th CONGRESS
FIRST SESSION

VOLUME 91-PART 8

OCTOBER 19, 1945, TO NOVEMBER 28, 1)45

(PAGES 9823 TO 11156)

NOT To" LEAVE UBBARl

UNI'I'ED STATES GOVERNMENT PRINTING 'OFFICE, WASHINGTON, 1945

 10788 CONGRESSIONAL RECORD-SENATE
. There being no objection, the letter
was received, referred to the Committee
on Foreign Relations, and ordered to be
printed in the RECORD, as follows:
WICHITA COUNCIL OF CHURCHES,
Wichita, Kans., November 14, 1945.
Han. CLYDE M. REED,
United states Senate, Washington, D. C.
DEAR SENATOR REED: The United Nations
Charter has been ratified with, unprecedented
speed. The peoples of the earth are pinning
high hopes on this important organization.
If the United States and Russia and Great
Britain will collaborate, UNO .will wield an
important force in world alfairs, but, of these
three, the moral leadership rests primarily
with the United States.
In reality, if the United States takes the
wise course, the' other nations of the world
will follow our leadership and UNO will suc- - Labor, and appears under a separate head- . men of Prussia? Are we now to begin to de-
ceed. If we follow the wrong coUrse, it will
fall. To make it succeed, the wisest step for
the United States is to precede all decisions
that have international implications by con-
sultation .with the other nations through
UNO.
. Such questions as universal military train-
ing, the control of atOmic energy, the govern-
ment of vanquished peoples, the' di!!posalof
colonies; the establishment of bases, and
such. if decided by ourselveS, in Isolation, will
provoke rivalry. But if we will disc\l5sthem
with the United Nations before taking action,
there will be a spirit of confidence and ,the
foundation of peace. ."
, We' urge that you be aiert to use the ollices
of the UNO in every proper International
matter. We urge that you resist the pas-
sage of acts that have bearing on interna-
tional relations prior to report of our UNO
delegates as to the understandings they have
been able to secure. If we can hold enact-
ment of universal military training and simi-
lar matters in abeyance pending an
attempted agreement among the nations, it
may be possible to eliminate many costly
policies.
Let us get away from bloc action as far
as pOSSible. Let us try the democratic way
among the nations-full and free discussion,
full publiCity, full cooperation. This is ·the
most hopefUl cours'! for the future.
Respectfully,
CABINET OF THE WICHITA
CotrNCIL OF CHURCHES.
RALPH E. LIGHTNER, President.
JOHN W. MELOY, Secretary.
REPORTS OF COMMITI'EES
By Mr. BILBO, from the Committee on the
Dis'rict of Columbia:
S. 1152, A bUl to effectuate the purposes of
th& Servicemen's Readjustment Act of 1944 in
the District of Columbia, and for other pur-
poses; without amendment (Rept. No. 750).
By Mr. WHEELER, from the Committee on
Interstate Commerce:
S.1.289. A bill to amend section 1 of the
Federal Power Act, with respect to the tenns
of otll.ce of members ·of the Federal Power
Commission; without amendment (Rept. No.
751).
By Mr. McCARRAN, from the Committee
on the Judiciar-y:
S.7. A bill to improve the administration
of justice by prescribing fair administrative
procedure; with an amendment (Rept. No'.
752).
By Mr. CORDON, from the Committee on
Public Lands and Surveys;
H. R. 608. A bill to exclUde certain lands In that were not prepared for war, won the war.
Deschutes County, Oreg., from the provisions
of Revised Statutes 2319 to 2337, Inclusive,
relating to the promotion o! the development
of the mining resources of the United States;
With all amendment (Rept. No. 753).
NOVEMBER 19
BILLS !NTRODUCJ1D Spengler pictured the nations with IItrong
m.llit!try regimes as nations that wouldfinaUy
BUls were introduced, l'ead t:tle tirst be defeated. He did this in -hlli book The
time, and, by unaIiimous co~nt, the De~line of the West. He was right.
second time, and referred as follows: What is it that makes a nation strong?
By Mr. BUTLER: , Would it be out of the way to quote Psalm
S. 1604. A bill for the rellef of Leo StUhr; 20; 7-8? "Some trust in chariots and some in
to the Committee on Claims. horses; but we will make mention of the
By Mr. WALSH: name of Jehovah our God. They are bowed
S. 1605. A bill to reimburse certain Navy down and fallen; but we are risen and stand
and Marine Corps personnel and fonner Navy upright:' '
and Marine Corps personnel for personal Whenever civilization gets to depend upon
property lost or damaged as the result of mechanical,things alone, it is doomed.
fires which occurred at various Navy and Ma- Universal military training will change our
rine Corps shore activities; to the Committee whole national outlook. It will make us de-
on Naval Alfairs. velop a military spirit. What effect will that
(Mr. WAGNER (for himself and Mr. Mur- have upon our national life? It will be the
ray) intrOduced Senate. bill 1606, to provide military men who will decide our policies.
for a national health program, which was re- Have we not constantly condemned the
fllrred to the Comn).ittee on Education and military cUque of Japan, and the military
ing.) velop that whiCh we have Just defeated and
By Mr. BALL: which we are Just placing on trial both in
S. 1607. A bill. to provide for the naturali- Japan and Germany?
Let ull give peace a chance. The common
zation of Peter Kim; to the Committee on
Immigration. man Is sick of war. He was made to sacrifice
for war, he will gladly sacrifice for peace, but
By Mr.MI'I'CHELL:
S. 1608. A bill fOr the relief of WHliam A. he mustb.e shown the way.
Gallagher; to the Committee on Claims. What do our leaders think universal train-
ing Can do' for US? It certainly cannot pre-.
BY. Mr. McMAHON:
S. 1609. A bill for the relief of Cathertn pare our souls for national emergencies. It
Gilbert; to the Committee on Claims. never could. IUstory proves the very opposite.
. And the atoIDie bomb. An atomic bomb
BY MI'. TYIlINGS: .
S. 1610. A bill to prOVide for the rehablllta· may be planted secretly in 50 of our big cities .
and let off as a time bomb, SO these cities wlll
tion of the Philippine' Isiands, and for other
purposes; to the COIIlII1ittee on Territories be wiped out in 12 hours. History teaches us
that spiritually decadent people always lose.
and Insular Affairs. .
Na spiritUally weak people can win no mat-
FIRST SUPPLEMENTAL SURPLUS APPRO- ter what weapon they get. Germany proved
PRIATION RESCISSION ACT OF 1946- that. She lost because she had lost her BOul.
AMENDMENT Only the strong Christian can survive. •
We know that the advocates of the univer-
Mr. WALSH submitted an amend- sal training will say, keep your powder dry.
ment intended to be proposed by him But no powder is eVer dry if Christianity fs
to the bill (H. R. 4407) reducing certain forgotten.
appropriations and contract authoriza- . Sometimes we have thought all men sent
tions available for the fiscal year 1946, to Congress should first have a heavy course
and for other purposes, which was or- swom in history and Christianity before they are
into ollice. We must get to see that
dered to lie on the table and to be the things men live by are not the mechani-
printed, as follows:
cal things, it is t!le things of God.
On page 28, line 12, insert the fOllOWing:
"Provided further, That of· the funds re- CAMP GORDON, GA., October 29, 1945.
maining available for advance balle con- Hon. HUGH BUTLER.
struction, material, and €quipment, not to Washington, D. C.
exceed $6,000,000 shall be available toward DEAlt SIR: At the present time when ques-
reconstruction of the civilian economy of tions of -the utmost importance in regard to
Guam... ·
the future welfare of the United States are
UNIVERSAL MIUTARY TRAINING being debated and a decision must be made
I feel it is the duty of every citizen to make
Mr. 'BUTLER. Mr. President, I ask known his. ideas to tbe elected legislators of
unanimous consent to have printed in the country.
the RECORD, at this point, as a part of my . I am deeply concerned about the peace-
remarks an editorial from the' Ansgar time military training program. My 2 years'
Luthera:n, of November 12, 1945, entitled service in the Army have convinced me that
"Universal Military Training," and a let- 1 year of military training will not mate-
rially increase our national strength mili-
ter which I have received from.a member tarily. The stupid tasks of picking up ciga-
of the armed forces at Camp Gordon, rette butts, match stiCks, etc., do not teach
Ga., dated October 29, 1945. our soldiers the functions of warfare. To
There being no objection, the editorial use the Army's own ac.t as a reason; 17 weeks'
and the letter were ordered to be training was considered sutll.cient to fit a
printed in· the RECORD, as follows: man for combat; why is it they are now
asking 52 weeks' training, three times aa
UNIVERSAL MILITARY TRAINING much?
President Truman haa spoken. He asks us I think one of the determining factors in
to introduce universal mll1tary training. We our recent Victory was n~merical sU»eriorlty
must do the same aa they have done in in persox:mel, planes, guns, and all typea of
Europe In the past. But what has happened materiel.
to the nations who had universal training? And here is a very vital point that we
They are now prostrate in ;the dust. Ger- s~ould keep in mind; peacetime conscrip-
many, Japan, Italy, France. The nations,
tIOn for military training does deny the
Great Britain, Russia, and the United States, indiViduals affected the rights of life, liberty,
and pursuit of happiness guaranteed by the
Is that the way of the world? Does it mean Constitution of the United' States. If we
that he who takes the sword shall perish by
allow this one encroachment upon our free-
the sword? . Jesus did say something about dom are we not opening the door to those
that, and He ahould be an authority worth who would like to further subject us by re-
listening to even in Washington. Oswald strictions of our personal f~eedom? I be-
 l<fF
J
/I
'K6'

United States
of America
(tonl1rrssional1Rrrord
PROCEEDINGS AND DEBATES OF THE 79th CONGRESS, SECOND SESSION

Index
VOLUME 92-PAR T 13

JANUARY 14, 1946, TO AUGUST 2, 1946

-~OT TO LEAVE LIBRARY

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1946
 HISTORY OF BILLS AND RESOLUTIONS
S.2-To provide for Federal aid for the de-
velopment, construction, improvement,
and repair of publ1C airports in the
United states, and for other purposes.
Conference report (No. 1828) submitted in
House and agreed to, 2973-2983.-Oonfer-
ence report submitted in senate and
agreed to, 4221-4234.-Examined and
signed, 4266, 4307.-Presented to the
President, 4308.-Approved [Public, No.
3771, 4967.
S. 7-To improve the administration of jus-
tice by prescribing fair administrative
procedure.
Debated in senate, 2148-2167.-Passed Sen-
ate, 2167.-Referred to House Committee
on the Judiciary, 2231.-Reported with
amendment (H. Rept. 1980), 4455.-
Made speclaf order (H. Res. 615), 5645-
5647.-Debated, SlDended, and passed
House, 5647-5668.-Senate concurs In
House amendment, 5791.-Examined and
signed, 5881, 5954.-Presented to the
President, 6073.-Approved [PUblic, No.
404], 6706.
S. 27-To prOVide for suspending the enforce-
ment of certain obligations against the
operators of gold and silver mines who
are forced to cease operations because of
the war.
Reported with amendment (H. Rept. 2250),
6769.
S.33-Relating to the management and ad-
ministration of national forest grazing
lands.
Reported With amendments (S. Rept.
1176), 3531.-Amended and passed sen-
ate, 6893.-Referred to House Committee
on Agriculture, 7035.
S.50-To permit settlement of accounts of
deceased oMcers and enlisted men of the
Army, Navy, Marine Corps, and Coast
Guard, and of deceased commissioned
oMcers of the Publ1c Health Service,
without administration of estates.
Reported with amendment (11. Rept.
1482), 177.-Amended and passed House,
title amended, 832.-Referred to Senate
Coll1mlttee on Military Affairs, 1122.-
senate concurs in House amendment,
l344.-Examined and signed, 1482,
l5l0.-Presented to the President, 1576.-
Approved [PUblic, No. 306), 1594.
B. 59-For the relief of Antonio Zamora; Mrs.
Antonio Zamora; ~nton1o Zamora, Jr.;
Mrs. Juan Chavez; John Chavez, Jr.;
Roland Chavez; Selso TrujUlo; and Dr.
M. G. Wright.
Reported with amendments (S. Rept.
1926), 10594.
S.63-To amend the Communications Act of
1934, as amended, so as to prohibit inter-
ference with the broadcaating Of non-
commercial cUltural or educational pro-
grams.
Amended and passed House (in lieu of H.
R. 5117), 1566.-Senate disagrees to
amendments of the House and asks for
a conference, 1710.-Conferees appOinted,
1710.-House insists upon its amendment
and asks for a conference, 2173.-Confer-
ees appointed, 2175.-Conference report
SENATE BILLS
S.63-Continued
(No. 1824), submitted in House and
agreed to, 2820.-Conference report SUb-
mitted in senate and agreed to, 3240-
3258.-Examined and signed, 3260, 3317.-
Presented to the President, 3320.-Ap-
proved [pUblic, No. 344], 3829.
S. 75-For the relief of Thomas C. Locke.
senate disagrees to the amendment of the
House and asks for a conference, 1413.-
Conferees appointed, 1413.-House In-
sists upon its amendment and agrees to
a conference, 2057.-Conferees appointed,
2057.-Conference report (No. 1934) SUb-
mitted in House and agreed to, 3760.-
Senate agJ:ees to conference report,
3852.-Examined and signed, 3948,
4025.-Presented to the President, 4028.-
Vetoed (S. 000.176),4178.
S. 78--For the relief of Frances Eubanlts
Oates.
senate disagrees to House amendments
and asks for a conference, 8981.-Oon-
feree appointed, 8982.-Benate insists
upon its amendment and agrees to a
conference, 9446.-Oonferees appointed.
9446.-Conference report (NO. 2645) sub-
mitted in House and agreed to, 9880.-
Conference report submitted in Senate
and agreed to, 10168.-Examined and
signed, 10327, 10329.-Presented to the
President, 10412.-Approved [Private, No.
804), 10740.
S.9Q-.For the relief of Della O'Hara.
Presented to the President, 61.-Approved
[Private, No. 366),451.
S. 101-To prohibit discrimination in em-
ployment because of race, creed, color,
national origin, or ancestry.
Mr. Chavez, Mr. Downey, Mr. Wagner, Mr.
Murray, Mr. Capper; Mr. Langer, and Mr.
Aiken; Committee on Education and
Labor, 2232.-Debated, 81, 84, 90, 94, 114.
156, 178, 233, 242, 257, 313, 318, 375, 382,
386, 455, 498, 560, 668, 681, 624, 696, 714,
801, 815, 822, 871, 883, 950, 1037, 1047,
1063, 1130. 1145, 1154, 1159, 1193, 1207.
S. 102-To amend section 2 (b) of the act en-
titled "An act extending the classified
executive civil service of the United
States," approved November 26, 1940,
so as to proVide for counting military
service of certain employees of the legis-
lative branch in determining the eligi-
bility of such employees for civil-service
status under such act.
Supplemental report 1349, part 2, 615.-
Passed House, ~O.-Examined and
signed, 944, 946.-Presented to the Presi-
dent, 1032.-Approved [Public, No. 295],
1331.
S. 115-To modify section 4 ot the Perma-
nent Appropriation Repeal Act, 1934,
with reference to certain funds collected
in connection with the operation of
Indian Service irrigation projects.
Repo~d With amendments (S. Rept. 1294) ,
4309.-Amended and passed Senate;
title amended, 6897.-Referred to House
Committee on Indian Affairs, 7035.-
Reported with Amendment (H. Rept.
S. 115-Continued
2489), 8602.--supplemental report (R.
Rept. 2489, pt. 2), 9511.-Amended and
passed House, 10017.--senate concurs In
House amendment, 10159.-Examined
and signed, 10327, 10329.-Presented to
the President, 10412.-Approved [Public,
No. 6471, 10740.
S. 141-To clarify the law relating to the
filling of the first vacancy occurring in
the office of district judge for the east-
ern district of Pennsylvania.
Reported back (5. Rept. 1303), 4533.-
Passed Senate, 6899.-Referred to House
Committee on the Judiciary, 7035.-Re-
ported with amendments (H. Rept. 2461),
8433.-Amended and passed House; title
amended, 9103.--senate concurs in
House amendment, 9242.-Examined and
Signed, 9335, 9395, 9406.-Presented to
the President, 9512.-Approved [PubliC.
No. 528), 9937.
S.147-To prOVide for the establishment ot
the Russell-Majors-Waddell National
Monument..
Reported with amendments (S. Rept.
1746), 9406.-Amended and passed Sen-
ate; title amended, 10348.-Referred to
House Committee on Public Lands,
10495.
S.162-For the relief of Walter S. Faulkner.
Reported back (S. Rept. 1533), 7167.-
Passed Senate, 9178.-Referred to House
Committee on Claims, 9395.-Reported
back (H Rept. 2588), 9606.-Passed
House, l0033.-Examined and signed,
10167, 10230.-Presented to the President,
10229.-Approved [Private, No. 805],
10704.
S. 178--For the relief of the city of Memphis,
Tenn., and Memphis Park Commission.
Passed House, 1930.-Examined and signed,
2090, 2136.-Presented to the Presi-
dent, 2233.-Approved [Public, No. 325),
2303.
S. 178--To amend sections 9 and 40 of the
United States Employees' compensation'
Act, as amended.
Reported with amendments (5. Rept.
1317). 4602.-Amended and passed Sen-
ate; title amended, 6900.-Referred to
House Committee on the Judiciary, 7035.
S.181-To authorize the appropriation of
funds to assist the States and Territories
·in more adequately financing their sys-
tems of pUblic education duringemer-
gency, and in rectucing the inequaJltie.s
of educational opportunities through
public elementary and secondary schools.
Reported with amendment "(5. Rept. 1497),
6772.-Debated in Senate, 10619.
S. 19Q-.To provide for, foster, and aid in co-
ordinating research relating to dental
diseases and conditions; to establish the
National Institute of Dental Research;
and for other purposes.
Reported with amendment(S. Rept. 1363),
5245.-Amended and passed Senate,
6906.-Referred to House Committee on
Interstate and Foreign Commerce, 7035.
SS9
 UNITED STATES OF AMERICA

(iongrcssional Rccord
PROCEEDINGS AND DEBATES OF THE 79 th CONGRESS
SECOND SESSION

VOLUME 92-PART 2

FEBRUARY 19, 1946, TO MARCH 28, 1946

(PAGES 1443 TO 2780)

Property of
ANCMORACE COMMUNITY COLtICiI
. o::l/~ tzs .
NpT TO LEAVE LIBRARY
UNITED STATES GOVERNMENT PRINTING OFFICE~ WASHINGTON, 1946
 2148 CONGRESSIONAL RECORD-SENATE·
H. R. 4884. An act to relieve certain em-· interests hold . the center ot the stage,. the
ployeeS of the Veterans' Administration from legislative proposal which has met with Sl.\ch
financial llllbUity"for certain overpayments general acceptance· is even more notable be-
and atlow such credit therefor as Is necessary cause It deals broadly with the prob1emot
In the accounts of Guy F. Allen, chief dis- .admlnlstration and Is a measure for good
bursing o1Bcer. government. It deals With procedure, not
HOUSE BILL AND JOINT RESOLUTION privileges, and provides a general method of
assuring that government will operate ac-
REFERRED cording to law. A bill of that character In
The following bill and joint resolution these days required a background of prepara-
were each read tWice by their titles and tion to achieve such acceptance.
. The proposed statute involves almost all
referred, as indicated: administrative operations. It deals With the
H. R. 5605. An act making appropriations very lmportant problem of the. relation of
for the Department of Agriculture for the. courts to administrative agencies. It is ob-
fiscal year ending June 30, 1947, and for viously not such a statute as may easily be
other purposes; to the Committee <.n Ap- drawn and simply . submitted to the usual
propriations. legislative routine. The method of proce_
H. J. Res. 307. Joint resolution to author- dure adopted by the senate Judiciary Com-
ize the use of naval vesseis to determine mittee. under the chairmanship of Senator
the effect of atomic weapoils upon such ves- PAT MCCAIlilAN, of. Nevada, .recognized the
sels: to the Committee on Naval Affairs. nature oithe task. That method Is not only
ADMINIsTRATIVE PROCEDURE ACT tmportant for this bill but opens possibilities
for the future. . torney General and added new representa-
The Senate resumed the consideration LEGISLATIVE HISTORY
of the bill (S. 7> to improve the admin-
istration of justice by prescribing fair aldered For more than 10 years Congress has con-
proposals for general statutes re-
administrative procedure. spectlngadmlnistratlve law and procedure.
Mr. McCARRAN. Mr. President, the Ten or more important bills have been Intro.-.
unfinished business before the Senate is duced In Co~gress, and. most of tl1emhave
S. 7, the administrative procedure bill, received widespread consideration.
which has been so long considered and In 1937 the President's Committee on Ad-
studied by this body. In order that the ministrative M8.nagement· recommended the
complete separation of investigative-prose-
Senate may have a preview of. what it cuting
functions and personnel from de-
shall consider in connection with the bill, ciding functions and personnel in adminis-
I send to the desk a very able article by trative agencies, but the significance of Its
Mr. Willis Smith, president of the Amer- report was lost In the turmoil of other Issues.
ican Bar Association, entitled "Drafting In 1938 the 6eI).ate Committee on the Ju-
the Proposed Federal Administrative diciary heldh"earlngs on a proposal· for the
Procedure Act," and I ask that the clerk creation of an administrative court. In 1939
may read the article, because it is brief, the Walter-Logan administrative pnJ!:edure
bill was favorably reported to the Senate.
and will lend emphasis to the explana- In 1940 It was passed by the Congress but
tion which I shall make of the bill im- vetoed by the President In part on the ground
mediately. that action shOUld await the then Imminent
The PRESIDING OFFICER (Mr. TUN- fiIlal report by a committee appointed in the
NELL in the chair). Without objection, executive branch. Early in 1941 that com-
the clerk will read as requested. mittee, popUlarly. known as the Attomey
General's Committee· on Administrative :Pro-
The Chief Clerk read as follows: cedure, made Its extensive report.
DRAFTING THE PRoPOSED FEDERAL ADMINISTRA- . Growing out· of the work of the Attorney
TIVE PROCEDUllE ACT General's Committee on Administrative Pro-
(By Willis Smith 1) cedure, several bills were Introduced Iii 1941.
"How to assure pUblic information, how to Senate hearings were· held on these bills
provide for rule making where no formal during April, May, June, and JUly of that
hearing is provided, how to assure fairness in year. All Interested administrative agencies
al1judlcatlons, how to confer various inciden- were heard at length and the proposals then
pending involved the basic Issues.
tal procedural rights, how to limit sanctions,
how to state an the essentials of a right to Further ·conslderatlon was postponed for
judicial review, and how to make examiners three war years. Bills were again Introduced
In June 1944 and reintroduced With revisions
independent-these were the main ques-
tions." in 1945. The Committee on the Judiciary of
the House of Representatives held hearings
During the last 3 months of 1945 there
took place a remarkable series of events in In June 1945, but It seemed clear that the
real problems were detailed and technical.
connection with the proposed statute regu-
lating Federal administrative procedure and It had come to be widely accepted that such
legislation should be functional In the
conferring powers of court review. On Oc-
tober 19, 1945, the Attorney General of the sense that it should apply to kinds of opera-
tions rather than to forms of agencies. Ac-
United States issued a strong statement In
support of It. On the fonowlng November cordingly, the proposed statute dealt pri-
marily with the legislative and judicial func-
19 the Committee on the Judiciary of the
United States Senate unanimously and favor- tions of administrative agencies. Within
each of those functions, however, it was
ably reported It (S. 7. Rept. No. 752). On
December 10 It was Introduced in the House necessary to define procedures and except
SUbjects which were either not regulatory in
of Representatives as H. R. 4941 In the forJIl
. reported by the Senate committee. On character or were soundly committed to
Executive discretion.
December 18 and 19, at the sixty-eighth an-
nual meeting of the American Bar Associa- TECHNICAL REVISIONS
tion, Chairman HATTON W. SUMNERS, of the Anticipating that this would be the situa-
Committee on the Judiciary of the House of tion, the chairmen of the Judiciary Com-
Representatives made a favorable statement mittees of the Senate and House of Repre-
on It. Attorney General TOJIl C. Clark gave sentatives had requested administrative
a fUll address on the subject, and resolutions agencies to SUbmit their views and sugges-
In favor of It were adopted. tions In writing. The Attorney General was
In these days, When so much legislation is requested to act as a liaison o1Bcer between
done piecemeal and the demands of special the legislative committee and the several
administrative agencies. Representatives of
1 The author Is a member of the Raleigh the staff of the senate committee, with the
(N. C.) bar and president of the American aid of the representatives of the Attorney
Bar Association. General and ~ther interested parties, engaged
MARCH 12
In an el'tenslve series of conferences at Which
pOints made were. dlscussed .~d alternative
> proposalS . as·· to language were debated.
Then, In May 1945, the senate committee
ISSUed a committee print in which the text .
of S. 7 appeared in one column and a tenta-
tively revised text In the parallel column.
The reVised text so proposed was then
again submitted to administrative agencies
and other interested parties for their written
. or oral comments, wblchwere analyzed by
the" committee's staff and a further com-
mittee print was Issued In June 1945. In
four parallel columns It set forth (I) the
text of the bill as Introduced, (2) tile text
of the tentatively revised bill prevlousiy pUb-
lished, (3) a general explanation of pro-·
visions with references to the report of the
Attorney General's Committee on Adminis-
trative Procedure and ot-her authorities, and
(4) a summary of views and suggestions
received.
About this time Tom C. Clark became At-
tives to· the conference group. Senator Me-
CAlIJlAN, chairman of the Senate Committee
on the Judiciary, asked that they screen and
correlate any further agency views. After
this had been done and representatives of
private. organizations had SUbmitted their
additional views, the bill as further revised
waamade a committee print under date of
October 5, 1946.
. This final draft was submitted to the At-.
toriley General for hls formal perusal. He
not onl"1 reported that the proposal was not
objectionable. but recommended its enact-
ment in a, strong statement on OCtober 19,
i945. A month later tbe Senate committee
reported the measure. Its report of 31· pages
plUS appendiX refiects tbe long and pains-
taking consideration given the bill. The
process of. that consideration was not only
well adapted to the technical nature of the
job at hand but It was truly democratic, for
private as Well as governmental representa-
tives were given every opportunity to SUbmit
their views and suggestions,
PARTICIPATION 01" LEGAL PIl0FESSION
.The organized bar had the sa.me. oppor-
tunities for presentation of Views. and sug-
gestlons.Bar associations had adopted reso-
lutions and had presented reports to the
congreSSional committees. The American
Bar Association's special committee on ad-
ministrative law took an active part, cul-
minating in a full day's meeting of the 13-
man committee at Washington on October 2.
The . committee unanimously approved the
final draft of the bill and certified its position
to the chairmen of the .congresslonal com-
mittees.
Contrary to the Impression which some
people seem to have, the proposed Admin-
Istrative Procedure Act is not a compromise.
The problem was not "how much" but "how."
How to assure ,Public Information, how to
prOVide for rule making where no formal
hearing Is provided, how to assure fairness In
adjUdications, how to confer various Inci-
dental procedural rights, how to limit sanc-
tions, how to state all the essentials of a
right to· judicial review, and how to make
examiners Independent-these were the main
questions.
There were two reasons why the legal pro-
fession COUld not engage In trading for
advantage In the details. First, If the statute
should .proVe unworkable. It might prejudice
procedural legislation for all time. Secondly.
onerous reqUirements, such as those respect-
Ing eVidence, might aid one private Interest
In one case-that Is, where prohibitory orders
are issued-but would harm them in an-
other-e. g., Where a license Is sought.
Mainly, however, It was a· simple matter of
good citizenship and good statesmanship to
seek the best and fairest provisions for eaCh
SUbject.
CONCLUSIO.N
The draft of bill as reported by the Senate
Committee on· the JUdiciary olfers a means
 1946 CONGRESSIONAL RECORD-SENATE
of securing and mainta.1ning a government
aecording to law, Its wOl'kability ~as been
tested by the elaborate procedure discusset.
above. Its utility has been approved by the
representatives of most of the legalprofes-
sion. Its desirability is admitted by public
olflcers of the highest rank. The necessity
for It has been attested by the responsible
Members of the National Legislature. If It is
adopted. as it sh(luld speedily be. the result
will be due to the baekgr(lund of stUdy and
care With which Its terms have been drafted
and tested.
Mr. McCARRAN. Mr. President. it
has been said that the law is a jealous
mistress. I regret exceedingly that I
cannot have before me at this moment
every Member of the Senate of the
United States so that each might listen
to the explanation of a b1ll which to
my mind and to the mind of the bar of
America is one of the most important
measures that has been presented to
the Congress of the United States in its
history.
We have set up a fourth Order in the
tripartite plan of Government which was
initiated by the founding fathers of our
democracy. They set up the executive,
the legislative, and the judicial branches;
but since that time w.e have set up a
fourth dimension, if I may SO term it,
which is now popularly known as admin-
istrative in nature. So we have the leg-
islative, the executive, the judicial, and
the administrative. .. , the chronology of the main bills on this
Perhaps there are reasons for that ar-
rangement.' We found that the legisla-
tive branch, althoUghlt might enact law,
could not very wen administer it. ' So
the legislati\'e branch enunciated the
legal precepts and ordained that com-
missions or groups should be establtshed
by the executive branch with power to
promulgate rules and regulations. These
rules and regulations are the very things
that impinge upon, curb, or permit the
citizen who is touched by the law, ¥
every citizen of this democracy is. . hensive survey of administrative meth-
The bill comes from the committee on
the Judiciary of the senate of the United
States, and I think it should be explained
to every Member of the Senate, because
the Committee on the Judiciary desires
that there should be a full understand-
ing of its provisions and purposes. The
Committee on the Judiciary is the law
committee of this body, and the law is
the thing which makes democracy Vital.
This is 'not a. Government of men. It
Is a Government of law; andthls law is a
thing whieb, every day from its enact-
ment until the end of time 80 far as this
Government is concerned, wUl touch ev-
ery citizen of the Republic. So I pro-
ceed with a detailed explanation of a
bill which should be listened to by every
Member of the Senate.
Mr. President, Calendar No. '158, Sen-
ate bill '1, the purpose of which Is to lm-
prove the administration of' Justice by
prescribing fair administrative prtJced-
ure, is a bill of rights for the hundreds
of thousands of' Alner1cans .whose aJfairs
are controlled or regulated in one way or
another by agencies of the Federal Gov-
ernment.It is designed' to provide
guaranties of due process tn a.dm1D'lstra-
tive procedure.
The demand for leglalatiotl of thla ~pe
to settle and regulate the field of Pecleral
administrative law and procedure has
been widespread and consistent over a
perioo of many' years. Today there are
no clearly recognized legal guides for
either the public or the administrative
omcials of Government departments.
The subject of administrative law and
procedure is not expressly mentioned in
the Constitution, and there is no recog-
nizable body of sUch law, as there is for
the courts in the Judiclal Code.
Even the ordinary operations of ad-
ministrative agencies are often di1llcult
to know, and undoubtedly there have
been litigants before Q{)vemment agen-
cies who have received less than Justice
because they were not fully advised of
their rights or' of the procedure neces-
sary to protect them.
The Committee on the Judiciary has
been convineed that there should be a
simple and standardized plan of admin-
istrative procedure. This bill is intended
to put such a plan intO etfect.
Proposals for general statutes respect-
ing administrative law and procedure
have been before the Congress in one
form or another, and have been consid·
ered by the CongreSs over a period of
more than 10 years. I call the attention
of the senate to the chart on page 2 of
the Judicial'l' Committee's repOrt on Cal-
endar No. 758, Senate bill 7. This is Sen-
ate Report !'fo. 752, which is on the deskS
of all senators. This chart clearly shows
subject which have been introduced.
Each of the bllls sliown on this chart has
received wide public attention and long
and serious consideration in the Con-
gress. ProblentS of administrative law
and procedure have been increased and
aggravated by the continued growth of
the Government, particularly in the ex-
ecutive branch. By the middle of the
1930's the situation had become so seri-
ous that the President then in ofDce ap-
pointed a committee to make a compre-
ods, overlapping functions, and diverse
organ1Za.t1ons, anei to submit suggestions
for improvement. While that commit-
tee was not primarily concerned with the
more detailed questions of administra-
tive law and procedure as the term is
now understood, the committee inevita-
bly was brought face to face with the
fundamental problem of the inconsistent
union of prosecuting and decldin'g func-
tions exercised by many executive
agencies.
In 1937· the President's Committee on
Adm1JiJstrative Management issued its
report. I quote excerpts from that
report:
The executive brandl of the Go'Vemment
of the United' States bas • • • grown
up 'Without plan or ~eslgn • • •• To
look at it now, no one woUld ever recognise
the stl'ucture whlct1 the tound1ng fathers
erected a century and a half ago. • • •
C<lmmlssions have'been the result of legisla-
tive groping ratber than tbe pursUit of a
consistent policy. • • • They are in
reality minlature Independent governments
set up to deal with the· railroad problem,
thebllDJWJg problem, or the radio problem.
The)' C0118titute a. ~ "fourthbraneh
H
of tile Ga9enunent, .. baphU&1'd deposit of
kresponsible sgenc1ea and uncoordinated
pOWers. • • • There I' a confiict of prin-
,ctple Jnvolvedin thelrmake~uJJ and tunc-
UonII. • • • They are vested wIth du-
tIM of admtnlstratlOD.' ,. • • ,and at th9
2149
same time they are given important judicial
work. • • .. The.evils resulting from this
confusion of principles are Insidious and far-
reaching. • . , . Pressures and influ-
ences properl' enough directed toward of-
ficers responsible for formulating and
administering polIc)' constitute an unwhole-
some atmoapbl!!"e in Which to adjudicate pri-
vate rights. But the mixed duties of the
commissions render escape from these sub-
versive In1luences Impossible. Furtherlllore,
the 6&me men are Obliged to serve both as
prosecutOl'S and as jUdges, This not only
undermines judicial fairness; It weakens pub-
lie conildence In that fa.1rness. Commis-
sion decisions alfecting prIvate fights and
conduct lIe under the InlsplCion of being
rationalIzations of the prellmimiry tlndii:!gs
which the COmmiBeion, in the role of pros-
ecutor, presented to itself.
Mr. President, I have been quoting
from the report of the President's Com-
mittee Oft Administrative Management,
issued in 1937. In transmitting that re-
port to the Congress, President Roose-
velt added a comment of his own, from
which I also wish to quote. He said:
I have examined this report carefully and
thoughtfully. and am convinced that it is
a great document of permanent impor-
tance. .. • • The practice of creating
Independent regulatory commlssklns, who
perform ~tnJstJ'8tlve work in addition to
JUdicial work, threatens to deve1(lp a "fourth
branch" of the Government for which there
is no sanction in the Constituti.on.
Ill'. President, those are the words of
the late, beloved President of the United
States. Franklin Delano Roosevelt.
The remedy proposed by that com-
mittee. back in 1937, was a very drastic
one. namely, complete separation of in-
vestigative and prosecuting functions
and personnel from deciding functions
and personnel. That remedy had in-
herent administrative difficulties which,
while not so great as the fault which it
sought to remedy, were in themseives
serious. The pending bill does not go as
far as that 1937 recommendation.
A' proposal for creation of an admin-
istrative coUrt came before the Senate
Judiciary Committee in 1938 and exten-
sive hearings were held. In connection
with those hearings, the Judiciary Com-
mittee issued a committee print elabo-
rately analyzing the administrative pow-
ers conferred by statute. That was in
the third sesslon of the Seventy-fifth
Congress. In the folloWing year, 1939,
the Walter-Logan administrative proce-
dure bill was favorably reported to the
Senate from the Committee on the Judi-
ciary. That was during the Seventy-
sixth Congress, llrst session, and the re-
Port I have mentioned was senate Re-
port 422 of that Congress, reporting o~
Senate bill 915 of that Congress. In the
third session of the Seventy-sixth Con-
gress, the Walter-Logan' bill was re-
parted to the House of Representatives
with amendments. The bill eventually
was passed by the Congress. but was
vetoed by the President iii 1940. partly
on the ground that action should await
the final report of a committee which had
been apPointed 2 years earliel' to stUdy
the entire situation.
The committee Which the President
had In mind' was the so-called Attorney
General's committee, which had been
appointed in December 1938. The back-
ground of that committee was a renewed
 2150 CONGRESSIONAL RECORD-SENATE
suggestion from the Attorney General
concerning the need for procedural re-
form in the wide and growing field of
administrative law. The President had
concurred in the Attorney General's rec-
ommendation for the appointment of a-
commission to make a thorough survey
of existing practices and procedures, and
to point the way to improvements, and
had authorized the Attorney General to
appoint a committee for that purpose,
The committee was composed of Govern-
ment officials, teachers, judges, and pri-
vate practitioners.
The Attorney General's committee
made an interim report in January 1940.
The staff of that committee prepared,
and during 1940 arid 1941 issued, a series
of studies of the procedures of the prin-
.cipal administrative agencies and bu-
reaus in the Federal Government. Exec-
utive sessions of the committee were held
over a long period, and representatives
of Federal agencies were heard at such
sessions. The committee also held
lengthy public hearings. It then pre-
pared and issued a final report which
was exhaustive and voluminous. The
Senate should be informed that the Judi-
ciary Committee, in framing the bill
which is now before the Senate, has had
the benefit of the factual studies and
analyses prepared by the Attorney Gen-
eral's committee.
Several bills were introduced in 1941,
as the outgrowth of the work of the At-
torney General's committee. Hearings
on these bills were held during the spring
and early summer of that year. The
matter was postponed, however, because
of the international situation then eXist-
ing, and the apparent need for concen-
trating on matters of national defense
and, soon afterward, of actual war.
However, all interested administrative
agencies were heard at length during the
1941 hearings, and the proposals then
pending involved the same basic issues
as does the present bill.
On the basis of the studies and hear-
ings in connection With prior bills on the
subject, and after several years of con-
sultation with interested parties in and
out of official positions, identical bills on
this subject were introduced in June 1944,
Senate bill 2030 of the Seventy-eighth
Congress in the Senate, and House bill
5081 in the House. Introduction of these
bills brought forth a large volume of fur-
ther suggestions from every quarter. As
a reSUlt, a revised and simplified bill was
introduced at the opening of the present
Congress, on January 6, 1945. This bill
was Senate biil 7, introduced in the Sen-
ate by the chairman of the Judiciary
Committee of the Senate; and an identi-
cal measure, House bill 1203, was intro-
duced on January 8 in the House of
Representatives by the chairman of the
Judiciary Committee of that body.
A great deal of informal discussion
with interested parties followed the in-
troduction of these two bills. In the lat-
ter part of June 1945 the Judiciary Com-
mittee of the House held hearings on the
House bill. Prior to those hearings the
House committee and the Senate Com-
mittee on the Judiciary had requested
administrative agencies to submit their
views in writing. - All submissions were
carefully analyzed and, with the aid of
representatives of the Attorney General
and interested private organizatiOns, in
May 1945 there was issued a Senate com-
mittee print setting forth in parallel col-
umns thebilI as introduced and .a tenta-
tively revised text.
Once more interested parties in and
out of Government were invited to sub-
mit, and did submit, comments orally or-
in writing on the revised text. These
were analyzed by the staff of the Senate
Committee on the Judiciary, and a fur-
ther committee print was issued in June
1945. This committee print set forth, in
four parallel columns, first, the text of
the bill as introduced; second, the text
of the tentatively revised bill preViously
published; third, a general explanation
of provisions with reference to the report
of the Attorney General's committee on
administrative procedure and other au-
thorities; and, fourth, a summary of
views and suggestions received.
After the preparation and publication
of this committee print, the Attorney
General again designated representatives
to hold further discussions with inter~
ested agencies and to screen and further
correlate agency views, some of which
were submitted in writing and some Qral-
ly. Private persons and representatives
-of private organizations also participated
in the discussions at that time.
After completion of those discussions
the committee drafted the bill in the form
in which it has been reported and is now
before the Senate. The Attorney Gen-
eral has reported favorably on this bill,
and I call the attention of the Senate to
the text of the Attorney General's report,
which appears as Appendix B of the com-
mittee's report.
Mr. President, I have gone rather fuIly -
into the background of this bill and the
various steps which were taken prior to
its presentation to the Senate, because I
wish every Member of this body to know
and realize that not only the general
SUbject, but every detailed provision of
the bilI, has had the most careful con-
sideration possible. The bill has the
approval of the Judiciary Committee of
the Senate. It has the active support
of the Attorney General. Not _one
agency in the executive branch of- the
Government is on record as opposing it.
The American Bar Association has en-
dorsed it wholeheartedly. The bilI has,
in short, the kind of Virtually unanimous
support which would be expected in the
case of a bill which has received such
very lengthy, and very full, and meticu-
lous consideration.
It has been the purpose of the Com-
mittee on the JudIciary, throughout the
lengthy process of consideration which
I have outlined, to make sure that no
operation of the Government would be
unduly restricted by the bilI. The com-
mittee has also taken the position that
the bill must reasonably protect private
parties even at the risk of some inci-
dental or possible inconvenience to, or
change in, present administrative opera-
tions. The committee is convinced,
however, that no administrative func-
tion is improperly affected by this bill.
Admittedly, this is a complicated bilI,
but it deals with a complicated subject.
I wish to say-and I take no credit for
it-that this bill represents one of the
MARCH 12
finest pieces of legislative draftsmanship
in my experience. That is the natural
result of the lengthy process of writing
and rewriting, involving careful atten-
tion to every detail, and to every nicety
of expression, which I have already out-
lined to the Senate.
Perhaps it might be well at this time
to emphasiz~ that this bill is a coherent
whole; no section or paragraph of the
bilI is completely independent; all parts
of it are closely interrelated. The bill
must be read and considered asa whole,
and in this case the whole is considerably
more than the sum of its parts,
Mr. President, without attempting to
minimize the many problems with which
the committee dealt,I want to point out
to the senate the four principal- prob-
lems Which had to be solved. These
were, first, to distinguish between difl'er-
ent types of administrative operations;
second, to frame general requirements
applicable to each such type of opera-
.tion; third; to set forth those require-
ments in clear and simple terms; fourth,
-to make sure that the bill was complete
enough to cover the whole field.
As it has. been reported to the Senate,
_the committee feels that it has avoided
the mistake of attempting to oversim-
plify this measure. It has not hesitated,
therefore, to state functional classifica-
tions and exceptions where those could
be rested upon firm grounds. In so
-doing, the committee has followed the
undeViating policy of dealing with types
of functions as such and in no case deal-
ing with administrative agencies by
name. That point is important, and I
will repeat it if I may. The committee
has not deViated from the policy of deal-
ing with types of functions as SUCh, and
the bill in no case deals with adminis-
trative agencies by name.
For example, certain war and defense
functions are exempted under the bill,
but there is no exemption of the War or
Navy Departments in the performance of
their other functions. Obviously it
would be folly for the committee to pre-
sume to distinguish between "good"
agencies and "bad" agencies, and there
is no attempt in the bill to make such a
distinction.
To cite another example, the legiti-
mate needs of the Interstate Commerce
Commission have been fully considered,
but the Commission has not been placed
in a favored position over other Govern-
ment agencies by exemption from the
bilI. To state the matter another way,
the committee feels that administrative
operations should be treated as a whole,
lest the neglect of some link should de-
feat the purposes of the bill. In this
connection, I wish to call the attention
of Senators to the chart on page 9 of the
committee's report, which emphasizes
the committee's approach, by shOWing, in
diagram form, how the principal sections
of the bill are interrelated.
I think it will be well at this point to
give the Senate a brief comparison be-
tween the pending bill and the Walter-
Logan bill, and between it and the rec-
ommendations of the Attorney General's
committee.
The Walter-Logan bill. which was ve-
toed by the President, differed materially
from the bill now before the Senate, The
 1946 CONGRESSIONAL RECORD-SENATE
WaIter-Logan. bill, while distinguishing
between rer;ulations and adjudicationS,
simply required ' administrative hearings
for each,and provided special methods of
jUdicial review. More parti.c1.l~arJ.y, In
the matter of general regulations, the
Walter-Logan bill failed to distinguish
between the different classes of rules. It
stated that rules should be Issued within
1 year after the enactment of the statu-
tory authority. It required a mandatory
administrative review upon notice anp
hearing within a year, and set up a sys-
tem of judicial review through declara-
tory judgments by the Court of Appeals
for the DlstrIctof Columbia within a
limited time after the adoption of any
, rUile.
In the adjudication of particular cases,
the Walter-LoiaiIl bi1lalso proVided for
administrative neartngs of any contro-
versy before a board of any three em-
ployees 'of any agency. Decisions of such
boa.rds weve to be made within 30 days,
under the Walter-Logan bill,and were
subject to the apparently summaryap-
proval or modification of the head of the
agency or his deputy. Ontheotherha,nd,
independemt commisSions--withnot less
than tlilree members sitting-were re-
quired to hold a further hearing aner any
hea.rmg by an examiner. A sPecial funn
of judicial review was provided for a.lIY
aQm.inistra1live adMicatwn. A iIong list
,of exemptions of agencies,by name, was
inclUded in the Walter-Logan <bill.
Now let me point out some of tbees-
sential respects in which the p.ellldingbiB
dUfers from the Walter-Logan bill. The
bill now beiln'e the senate diftteremtiates
the several types 0frules. It requires no
agencY bearings in :connectianwith either
regulations or adjudications unless stat-
utes AlreadY do so in particular cases,
thereby preserving right80f intlivtdual
trials de novo. Where statutory hearings
are otherwise prOVided, this bill ftlis in
some of the essel1'ltial reqwrements; xnd
it provides for a sPecial c1'aSsfilfseml-
indePendent suboI'dinate hearing offi-
,cers.
The bill includes several types of in-
cidental proceduces. rt confers nu-
merous procedural rights. It limits a;d-
ministrative penalties. It eontains more
comprehensive provisions for judiCial re-
view for the redress oIf any legal wrcmg.
And, since it is drawnentire]y \iPOIl a
functional basis, it contains no exemp-
tions of agenoies as su.ch.
The pending bill is more complete than
the 'solution favored by the mAjority of
the Attorney General's committee, blltis,
at the same time, short.er and more
definite than the proposal of the minority
of that committee. While it :f<lilows gen-
era.Uy the views.of gOOd administrative
practIce as expressed by the whole of that
committee, it differs in several imPortant
respects.
.The bIll provides that~en'Cies Jtiay
:choose whether their examinel's ,shall
make the initial decisi_ or Il'lf:'relY
~mmend a decision, whereas the At--
tarney General's committee tnadeDlatr-
datary a decision by examiners.
The bill proVidessmne generallilmi-
tations UP0ll administrativePDwet'sand
sanctions, pamewa.rly in the rigoreus
field of licensing, while the Attorney Gen-
2151
eraPs oommittee did not touch upon tha't statut"BS a.lready do so in :a particular
subiect. .case. Similarly, in adjudications-that
This bill relies upon independence, saJ- is, t1lle jU4i.c'ia1 function-no ageney
aryseculity, amltenure during good be- hearings :are required unless statutes
havior of examiners within the frame- already do so,but in the latter case the
work of the civil service, whereas the At- mode of bearing ~d decision is pre-
tormeyGeneral's committee favored scribed. Where existingsta.tutes require
short-t,erm appointments approveli by a that either general r.egulatlions-which
speoial Office of Administrative Pro- the bill calls rules-ar particularized
cedure. adjudications-which the bill ealls or-
If Senators desir-e to consult a more ders-shall be made after agency hear-
detailedcoIl1parison of the pending biU, ing orORportunity foc sllIch heMing,
with full references to the .report of the then section '11)f the WI sPells out toe
Attorney General's committee, such a minimum fequh-etnents for such hear-
compBJ'ison is to be found in the third Il1gs; section 8 states howdectsions shall
parallel eolumn of the cormnittee print IDe made thereafter,and ,section 11 pro-
issued by the Senate Judiciary Commit- mes for examiners to preside at hear-
tee in June of 1945. ings and make or participate in deci-
I cannot emphasize too strongly that sions.
the bill now before the Senate is not a While the 8Idministrative power and
specification of the details of adminis- procedure pm Visions of sections 4, 5, '8,
trative procedure. Neither is it a codifi- '1,8, and 11 are law apart from court re-
cation of administrative law. It repre- view, the provisions for judicial review
sents, instead, an outline of minimum provide partieswitb a method <f! .enf()rc-
basic essentials, framed out Of long con- jng their rights ill a proper ease. How-
sideration and in the light of the com- ever, it Is expressly provided that the
prehensive studies I h~ve preViously men- iudicial review provisions are DOt opera-
tioned. tive where statutes otherwise preclude
'1''0 state itcSimply, this bill is designed judicial review, or where agency action
t{) afford partiesafl'eeted by administra- is by!J.:aw ccltrumitted to ageBcy discretion.
tive powers a means of knowing What Five types of provwonscompose this
their rights BJ'e, and how they may be bill. They are~
protected. At the same time, a-dmin- First. PTovisiclns which are largely
istrators are provided. with a simple formal, such as thesectlions setting forth
course to follow In making administra- tile We, definItions, :aoo rules 'Of con-
tive determInations. The jurisdietion of struction.
the courts Is clearly stated. The bill thus Second. Provisions whioh require
ptoVid·es for public information, admin- agencies to publish tt.:ma.ire available in-
istrative OPeration, ~nd judicial review. formationtIID adminiistrative iawand
The substance of what the bill does procedure.
may be summarized under four head- Third. Provisions for different kinds
ings: uf procedures sum as rule-mlilking, ad-
First. It provides that agencies must judications, and miOOetlanoous matters,
issue as rules certain specified infor- .as well as forlimttations upon saneti'Ons
mation as to their organization and pro- and powers.
cedure, and also makeavaiiable other Fourth. ProviSi011s concerning the de-
materials of ~trativelaw. ta~I for hearings .and decisions as well as
Second. It states the essentials of the for examiners.
several forms of administrative proeeed- Fifth. PrOV'islons fl>r judicial review.
ingsand the limitations on administra- I 'desire to emphasme the fifth type of
tive powers. provisions, namely, provisrons for judi-
Third. It proVides im more detail the ciailrewew, because it is SG!l1ethin~ in
requiretnents for administratiVle heaI'- which the American public has been and
mgs and decisions in cases in which stat- is m:uchooncemed, hBJ'keningback, if
utes require such hearings. we may, to the Constitution of the Urlited
FOU1'th. It sets forth a simplified states, which sets UP the jud:iciail branch
statement of judicial review designed to of the Government fur therooress of
a1¥or4 a l'emedy for every1ega1 wrong. human wrongs and for the enforcement
The first of those four points is basic, of h:uman right'S. •
because it requires agencies to take the As r have already pointed {lut, thebi1l
initiative in informing the public. In is so drafted that its seventl sections
stating the essentials of the ·difIel'ent and subordinate proVisions are closely
forms of administrative proceedings, the kn!it.Thesubsta,ntiveprovisions ·of the
bill carefully distinguishes between the nit! should be read apart fr{)m the purely
so-called legislative functions of admin- f011na,1 provisions and minor functi0ual
istrative agencie8-'-where they issue gen- distinctions. The definitions in section
eral regulations-and their jlldmial 2 :are important, but they do not illdi-
functians-m Which they determine ea;te the scope of thebIH,sinoe the sub-
rights or liabilities in particuJar cases. sequent provisions make many 1unc-
Quite di1ferent prQCedures '8il'e pr{)- tilmal distinctions and exceptions. The'
vide<! by the bUI. for the legislatIve and public infiOrmation provisions l)f section
Judicial functions of adminIstrative S are of the bl"oadest appllcal;iMl .be-
.agencies. In the r.a!e-making,that is" :cause, whHe same functioODS and some op-
legislative, . function the bill prevWes erations may :not lend themselves to fm:-
that, with certain exceptions, .agelD:Cies malli>rocedure, all administrative oPera-
must publish notice and at leastpennit mons .sholild as a matter of policy be
.interested parties to submit their views disclosed to the public except as secrecy
in. 'WtitiIng for agenCY consideration be- llUlY be obviQUSly required til' only in-
fore issuing generairegwations. No ternal ageney "hollsek~eping" arrange-
hearings are required by the bili unless ments may be involved.
 2152 CONGRESSIONAL RECORD-SENATE MARCH 12
sections 4 and 5 of the bill prescribe than rule making but including licensing, Mr. McCARRAN. There is nothing in
the basic requirements for the making whether or not affirmative. negative. or this b11l which would interfere with such
of rules and the adjudication of par- declaratory in form, procedure.
ticular cases. In each case, where other The term "adjudication" is defined as Mr. REED. I was a little uncertain,
statutes require opportunitY for an the agency process for the formulation. due, of course, to my lack of understand-
agency hearing. sections 7 and 8 set forth of an order. ing of the bill and my lack of oppor-
the minimum requirements for such The term "license" is defined to in- tunity to give it the study which it re-
hearings and the agency decisions there- clude any form of required official per- quires.
after, while section 11 provides for the mission, such as certificate, charter, and Mr. McCARRAN. I wish to make it
appointment and tenure of examiners so on. very clear to the Senator, because I ap-
who may participate. Section 6 pre- The term "licensing" is defined to in- preciate the fact that he has had long
scribes the rights of private parties in a clude agency process respecting the experience in· practice before the Inter-
number of miscellaneous respects which grant, renewal, modification, denial. state Commerce Commission, that there
may be incidental to rule making, adju- revocation. and so forth, of a license. is nothing in this bill which would take
dication, or the exercise of any other The term "sanction" is defined to in- away from the Interstate Commerce
agency authority. Section 9 limits clude any agency prohibition, withhold- Commission anything in the way of
sanctions, and section 10 provides for ing of relief, penalty, seizure. assess- functions.
judicial review. ment, requirement, restriction, and so on. Mr. REED. And it would not change
Again, I wish to call the attention of The term "relief" is defined to include its method and rule of doing business
Senators to the chart on page 9 of the any agency grant, recognition, or other when the method and rule is founded on
committee report on the bill. beneficial action. statutory authority?
Mr. President, an analysis of the bill, Mr. DONNELL. Mr. President, will Mr. McCARRAN. That is correct.
section by section, may prove helpful the Senator yield? Mr. REED. I thank the Senator.
at this point. If Senators will refer to Mr. McCARRAN. Let me say to the
their copies of the bill, and follow me Mr. McCARRAN. I yield. Senator from Kansas that that has been
as I gO along, I shall undertake to dis- Mr. DONNELL. Will the S:lnator be one of the great problems we have had
cuss each section of the bill in its proper kind enough to permit me to ask him a to work out in the long months of study
order. question in regard to one of the defini- which we have devoted to the bill. We
Section 1 refers to the title of the bill, tions in section 2? I am not clear as did not wish to disrupt or change any
and provides that the measure may be to the meaning of the lar.guage which thing that was statutory; and yet we
cited as the Administrative Procedure reads as follows: wanted to establish something which
Act. Although this short title has been Except as to the requirements of section would prescribe and define the avenue
chosen for the sake of brevity, Senators 3, there shall be exclUded from the operation by which the individual citizen couId
. of
will note. as I have previously pointed sentatives this act (1) agencies composed of repre- gain access to a public agency which
of the parties or of representa-
out, that the bill actually provides for . tives of organizations of the parties to the would touch his private life, and we
both administrative procedure and disputes determined by them. wished to find for him a way through
judicial review. the procedure.
Section 2 contains the definitions. I should greatly appreciate it if the Mr. REED. I wish to pay tribute to
The word "agency" is defined by ex- Senator would be kind enough to amplify the Senator from Nevada for the great
cluding legislative, jUdicial, and Terri- sQmewhate his explanation of that pro- amount of hard work he has done, and
torial authorities, and by including any vision. the vast amount of ability and intelli-
other "authority" whether or not within. Mr. McCARRAN. Section 2 (a) ex- gence which he has brought to bear upon
or subject to review by, another agency. empts from the operation of the act this efIort, whicb I hope will be success-
The bill is not to be construed to repeal agencies composed of representatives of ful. In the light of the great expansion
delegations of authority prOVided by law. the parties, or of organizations of the of governmental activities into the pri-
Expressly exempted from the term parties, to the disputes determined by vate lives of our citizens, some protec-
"agency." except for the public informa- them-except for the reqUirements of tion of the citizen against these agencies
tion reqUirements of section 3, are: section 3 relating to the publication of should be provided. It is long overdue.
first, agencies composed of representa- rUles, orders, and decisions. The effect I extend to the Senator from Nevada my
tives of parties or of organizations of of that language is to exclude. from all appreciation of the great amount of
parties; and, second, defined war au- but section 3, such agencies as the Na- work he has done, and the great ability
thorities including civilian authorities tional Railroad Adiustment Board, he has brought to this task.
functioning under temporary or named Other boards composed of such repre- Mr. McCARRAN. I am very grateful
statutes operative during "present hos- sentatives, under the Railway Labor Act to the Senator from Kansas. I have
tilities," or similar statutes, would be likewise ex- one ambition in life, and that is that
The term "person" is defined to in- empt. It may also be noted that various this bUl. when enacted into law-as I
clude specified forms of organization functions of such agencies as the Na- hope it will-Will become a monument
other than agencies, tional Mediation Board and the Railroad to the Congress of the United States for
The term "party" is defined to include Retirement Board are excluded from its careful stUdy, and a monument to the
anyone named, or admitted, or seeking, provisions of the act by the applicable Committee on the Judiciary of the Sen-
and entitled to be admitted, as party in language of later sections. ate for the time, zeal, and diligence
any agency proceeding except that Mr. DONNELL. I thank the Senator which that committee has put into the
nothing in the SUbsection is to be con- for the explanation. construction of the bill.
strued to prevent an agency from ad- Mr. REED. Mr, President, will the Mr. AUSTIN. Mr. President, will the
mitting anyone as a party for limited Senator yield? Senator Yield?
purposes. Mr. MCCARRAN. I yield. The PRESIDING OFFICER (Mr.
The term "rule" is denied as any Mr. REED. I confess a lack of under- STEWART in the chair). Does the Sen-
agency statement of general applica- standing of the bill. I have had con- ator from Nevada yield to the Senator
bility designed to implement, interpret. siderable experience with some of the from Vermont?
. or prescribe law. policy. organization, Government agencies, particularly the Mr. McCARRAN. I yield.
procedure, or practice requirements, Interstate Commerce Commission. Over Mr. AUSTIN. Before the Senator
The term "rule making" is defined to the years the Congress has laid down leaves section 2, I should like to inquire
mean agency process for the formula- rules of procedure instructing the Inter- about a phrase which is new to me. I
tion, amendment, or repeal of a rUle, and state Commerce Commission as to how to refer to the expression "legal wrong"
includes any prescription for the future act in certain cases in the matter of rate which appears in section 10 (a) on page
of rates, wages, financial structures, and making, valuations. and orders. All that 34, line 16, and which is used for the
so on. Is prescribed by statute. Is there any- purpose of describing a person who is
The term "order" is defined to mean thing in this bUl that would interfere entitled to review. My inquiry is for
the final disposition of any matter. other with that procedure? the purpose of having the RECORD show
1946 CONGRESSIONAL RECORD-SENATE
what the intention of the author of the
bill is with respect to the combination
of words "legal wrong." For a long time
we have known Just what the meaning
of "legal injury" is. It seems to me that
by the use of the word "wrong" a much
broader category, of individuals is ad-
mitted to review. I suppose that was
the benign purpose of the author of the
bill; but I should like to have it in the
RECORD as a definition, in the course of
his address, While he is still on the sub-
ject of definitions., • Mr. McCARRAN. Yes; I should like to
In Bouvier's Law Dictionary, volume 3,
page 3500, appears a definition of
"wrong."
In its broad sense, it Includes every Injury
to another, independent of the motive caus-
tng the injury (Union Pacifio Bailway Com-
pany v. Henry, 36 Kans, 570,,14 Pac. 1) •
There is more to the definition. Is it
the intent of the author of the bill to
have the words "legal wrong" compre-
hend the scope of tbe definition of
"wrong" as it appears in Bouvier's Law
Dlctiona,ry?
Mr.' McCARRAN. I have not in mind
the language to which the able Senator
refers, but the language as I heard him
read it is rather common language ad-
dressing itself to that subject. My 'con-
ception of the term "legal wrong" is set
forth in the committee report on page
26:
The .phrase .. legal wrong" means lSUCh· a
wrong as 18 1IJ)eCi1l:ed In subsection (e) of
this section. It means that something more
than mere adverse personal e1fect must be
shown-that is, that the adverse effect must
be an megal effect. The law so made relevant
18 not j1JBt constitutional law, but any and all
appliCBblp law.
Let me read further in connection
with the construction which I place on
the term:
Reviewing courts are required to decide
all relevant questiODll of law, interpret con-
stitutlonal and statutory prov1s1ODl1. and de-
termine the meatltng ar applicablllty of any
agency action. Th,ey must (A) comp!!l action
unlawfully Withheld Or unrelUlODablydeiayed
and (B) hold unlaWful any actton, findings,
or conclusions found to be (1) arbitrary. (2)
contrary to the Constitution, (8)CODtr&rY to
statutes or short of statutory right, (4)Wltb-
out observance of procedure required by law,
(5) 11D8UPported by SUba1;aIltial'evidence
upon the admln18trative record Where tbe
agency isauthortBed by statute to hold bear-
tngs SUbject to sections '1 and 8, or (6) 11Dwar-
ranted by the facts 80 far as tb8 latter' are
subject to trial de novo.
I have tried to anticipate thequestlon
which the able Senator has propounded
to me. I am glad that he asked. the
question. I have tried to deflrie the term.
because I thought It might be well to
have it defined In the RECORD. . biD regards the category of pe1llPD,S en:;'
Mr. AUSTIN', !If. President, will the
senator further yield?
Mr. McCA.RR.AN. I yield.
Mr. AUSTIN. I see the application of
what the distinguished.Senator has Jest;
stated to the following part of the clause
in section 10 (a) n~J, "or adverselJ
affected or aggri6ved by such action With-
in the meaning of any relevant statute."
That is another category. of Ulen, ~
women Who are entiUed tc> ~v1ew •. :But
my Jluestionwas 1iJn1ted tc> the ~orr
described as"any pel'$)n sufteMi legal
wrong because of any agency action." On
this point I should like. to read fur1ih<\r
from the definition of "wrong," beca~
this is a new use of the word. U the
author of the bill'intends by the use of
the term "legal wrong" what is. here set
forth, I should like to. have it in the
REcORD, because it would save' a great
deal of controversy. May I take the time
of the Senator to read ·further from the
definition of "wrong" in BOUVier's Law
Dictionary? . further, because I am Vl\XY grateful to
have the Senator read it.
Mr. AUSTIN. The definition is as
follows:
Wrong. An injury; a tort; a violation of
right.
In its broad sense, it includes every Injury
to another. independent of the motive caus-
Ing the Injury (Union Pac. BU. Co. v. Henry
(36 Kan. 570, 14 Pac. 1)).
A wrong is an invasion of right to the
damage of the party who lIwren it. It con-
sists in the injury done, and not commonly
in the purpose or mental Or physical capacity
of the person or agent doing it. . It mayor
may not have been done with !;lad motive; the
question of motive is usUally a question of
aggravation only (WiZltams v. Hays (14S N. Y.
447. 88 N. E. 449, 26 L. R. A. 158. 42 Am. st.
Rep. 743)).
In its most usual sense, wrong stgnlftee an
tnjury committed to the person or property
of another, or to h18 relative rtghts11Dcon-
nected wi1ib contract; and these wrongs ar#t
committed with or without torce.. But in a
more extended signtflcation, wrong Includes
the Violation of a contract; a fatlure by a man
'to perform b18 undertaking ar promise is a
wrong or injury to him to whom it was made
(3 Bla. Com. 158).
A public wrong 18 an ad which is injurious
to the public generally, commonly known by
the name ot crime, misdemeanor, or offense;
and it 18 punishable in vartolJ6 ,wa.ys, such as
tndict111ents. summary proceedings and. upon
conviction, by death, imprisonment, fine, etc.
Private wrongs, whll:b are Injuries to in-
diViduals, unaffectlng the public;, these are
rectressed by actions fQr damages, etc. see
Remedles; Tort. " Senator yield?
Fora' claBBt11catlon of wrongs. see Bolland.
Jurisprudence 270.
The combination of words W:;ed here Js
very -sign1flcsnt. The adJect~ve "legal"
is s limiting adjective; and, as it haS beeI;l
applied in juriSPrudence to "l,nJury," it is
defined' as follOWS in WordS and PhraseS,
'fouith series, second volume; page' 548:
"Legal Injw:Y" muet be vlo1a~Qi,. of IOple
legal right and 18 .eustlnct from "damage,"
which is harm, or 10118, sustained by injury
(Combs v. Hargis Bank err ~ru.t Co. (27 8. W.
(3d) 955,11116,284 Ky. 202).·
For the sakli of the future of those prac-
ticing under this estimable bill, I think it
would be well to have the REcOUD show
Whether the disttnguished author of the
titled to. review which. is here'. d$ctt})ed,
that is,''any person suftertng legal
wrong," as any person who has S1lifered
in the manner described in the quotation
from Bouvier's Law DictionarY.
Mr. McCARRAN.·· Taking Bouvier and
Words and Phrases combined; and taking
the decisions of the e<mts of·last resort,
to whoSe language we have aecess, I
8boUl4 answer the senattJl'~s." That
Is. I take Intc> eoDS1deratJon aU the defl•.
JIitiODS whicb apply todeflnetbS term,
UU1 I reapectf11l17 refer to t11e committee
2153
report, which I read a moment ago. It
me('os that something, more than mere
adverse personal etIect must be shown;
tllat is, that the adverse etIect must be an
illegal efiect, So. to Bouvier, to Words
&I;lQ Phrases, and to the decisions to which
the able Senator refers, I also add the
exprilssion contained in the committee
reP9rt.
Mr. AUSTIN. I thank the Senator.
}.Jr. McCARRAN. Let me go a little
the Senator for bringing UP this ques-
tion. We asked the Attorney General
and the Department of Justice to com;'
ment on this bilL I now read to the
Senate the Attc>rney General's comment:
Section 10 (a): Any person BUffering legal
wrong because of any agency action, or ad-
versely affected or aggrieved by such action
within the meantng of any relevant statute,
shall be entitled to Judicial review of such
action. This rel1ects existing law. In Ala-
bama Power Co. v. Ickes (802 U. 8. 464), the
Supreme Court stated the rule concerning
persons entItled to judicial tevlew. Other
cases baVlng an important bearing on th18
subject are: Massach.tI.$etts v. MeUon (2W!
U. S. 447), The Ch.tcago Junction Cfl8e (2f4
U. S. 258), Sprunt err SOn v. United states
(281 U. 8.,249), and Perkins v. Lu,kens Steel
Co. (810 U. I:t 118) . . An important decision
ttlterpretttlg the meaning a! the terms "ag-
grieved" and "adVersely affected" \s Federal
Communication. Commtsllion v. Sanders
Bros. BaIUO Stat1.on (309 U. S. 4'10).
Mr. President, I have referred the Sen:'
ator to that expression coming from the
Attorney General, in connectiOn With this
bill, to indicate to him and tc> the Senate
the meticulous stUdy which we have tried
to give to this blll, so that we !nay con'"
strue the terms in such a. way that there
may be no CI1verg'ence of Views when we
get through.
I realize that the layman says this is
an intricate blll. In a way it is, and yet
in a way it simpliftes itself in practice.
Mr. AUSTIN. Mr. President, wtnthe
,
The PRESIDING OFPICER (Mr. TuN-
NELL in the· chair) . Does the senator
from Nevada Yl~ld to the senator from
Vermont?
Mr. McCARRAN. I yield.
W. AUSTIN. I wish to compliment
the Senator upon his courage in launch-
ing Out with a new phrase like this, Per-
sonallY, I 'think'it is an improvement in
the law.
Mr. McCARRAN. I am very grateful
to the Senatc>r.
Mr. DONNELL. Mr. President, will
the Senator yield for ,an inquiry?
~r; MOCARRAN; I yield.
Mr. DONNELL. I' should like to ask
~. distingUished senator a question.
section 10 of the .bUl recites in part
that-
Except 80 far as (1) statutes preclude
judicial review or (2) agency action 18 by
law coimnttted to agency discretion-
(a) Right of reView: Any person suffering
legal wrong beCause of any agency action, ar
adveraelyatfected ar aggrieved by such ~­
t1on. WI~ln the meaning of any relevant
s"'tute, abaU be entitled to judicial reVieW
thereof. '
It has oceurred to me the contention
mtaht bernade by someone in undertak-
ing tGana]pe thunrieasure that in an.,
easem,wblch discretion is 'comnl1tted
 2154 CONGRESSIONAL RECORD-SENATE
to an agency, there can be no judicial
review of action taken by the agency.
The point to which I request the Senator
to direct his attention Is this: In a case
in which a person interested asserts that,
although the agency does have a discre-
tion vested in it by law, nevertheless
there has been' abuse of that discretion,
is there any intention on the part of the
framers of this bill to preclude a person
who claims abuse of diScretion from the
right to have judicial review of the action
so taken by the agency?
Mr. McCARRAN. Mr. President, let
me say, in answer to the able Senator,
that the thought uppermost in present-
.ing this bill is that where an agency with-
out authority or by caprice makes a deci-
sion, then it is subject to review.
But in answer to the first part of the
senator's question-namely, where a re-
view is precluded by law-we do not
interfere with the statute, anywhere in
this bill. Substantive law, law enacted
by statute by the Congress of the United
States, granting a review or denying a
review is not interfered with by this bilI.
We were not setting, ourselves up to
abrogate acts of Congress.
Mr. DONNELL. But the mere fact
that a statute may vest discretion in an
agency is not intended, by this bill, to
preclude a party in interest from haVing
a review in the event he claims there has
been an abuse of that discretion. Is that
correct?
Mr. McCARRAN. It must not be an
arbitrary discretion. It must be a judi-
'cial discretion; it must be a discretion
based on sound reasoning.
Mr. DONNELL. I thank the Senator.
Mr; _AUSTIN. Mr. President, will the
Senator yield to me once more?
Mr. McCARRAN. Yes; I yield.
Mr. AUSTIN. Is it not true that
among the cases cited by the distin-
guished Senator were some in which no
redress or no review was granted, solely,
because the statute did not. provide for a
review?
Mr. McCARRAN. That is correct.
Mr. AUSTIN. And is it not also true
that, because of the situation in which
we are at this moment, this bill is brought
forward for the purpose of remedying
that defect and providing a review to
all persons who suffer a legal wrong or
wrongs of the other categories men-
tioned?
Mr. McCARRAN. That is true; the
senator is entirely correct in his' state-
ment.
Mr. President, I now continue. I wish
to say that I am exceedingly grateful for
the interruptions; in fact, I do not con-
sider them interruptions, but I consider
them amplifications of the tbought
sought. to be expressed by this proposed
legislation.
Let me say to the senators now pres-
ent--and I think I can speak for the
Committee on the Judiciary-that I do
not believe a more important piece of
legislation has been or will be presented
to the Congress of the United States
than toe one which I am trying in my
humble way to explain to the Senate to-
day, because it deals With something
which touches the most lowly as weIl
as the most elevated and lofty citiZen in
the land. It touches every phase and
form of human activity, and it deals with
that which at the opening of my state-
ment I described as the fourth dimen-
sion or fourth branch of' our democracy.
In other words, by the Constitution the
executive, the legislative, and the judi-
cial branches of our Government were
set up; but now we have a fourth branch,
the administrative ferm of our Govern-
ment.
Mr. SMITH. Mr. President, will the
Senator yield?
Mr. McCARRAN. I yield to the Sena-
tor from New Jersey.
Mr. SMITH. I should like to remark
that I had the honor of being on the
Judiciary Committee· when this bilI was
first brought up; and it was because I felt
so strongly what the distinguished Sen-
ator from Nevada has just said-namely,
the vital importance of a measure of this
kind-that I asked the privilege of hav-
.ing the committee postpone reporting
.the bill until I had had an opportunity
as the Senator from Nevada will recall,
to send copies of the bill to friends of
mine in the legal profession, both In the
State of New Jersey and in the State of
New York, and to ask for their jUdgment.
I wish if I may to pay the Senator from
Nevada the tribute of saying that, with-
out exception, the distinguished jurists
who examined this bill said that it was one
of the finest measures they had ever seen,
and they were wholeheartedly behind it
and urged its passage as s()On as possible.
I may say that certain minor suggestions
were made, as the Senator may recall,
with reference to possible changes here
and there, and that points arose such as
those which have arisen here on the fioor.
But I cannot allow this occasion to pass
without paying my tribute to the Sen-
ator from Nevada for the great job which
he has done, and for the care which he
has taken over a period of possibly 3
years to bring before this body one of the
most important pieces of judicial legis-
lation of which I can conceive. I wish
to go on record as supporting this meas-
ure and as supporting the Senator from
Nevada in his effort to secure its pa:ssage.
Mr. McCARRAN. Mr. President, I am
very grateful to the senator from New
Jersey for what he has said. I may say
that, because of the Senator's outstand-
ing contributions to the principles of law,
and the fine guidance which the chair-
man of the committee received at his
hands, it was a great regret to the chair-
man of the Judiciary Committee to learn
that it was not possible for the Senator
'from New Jersey to remain with the com-
mittee.
Mr. MORSE. Mr. President, will the
Senator from Nevada yield to me.
Mr. McCARRAN. I yield.
. Mr. MORSE. Mr. President, I wish to
commend the Senator' from Nevada for
the great work which he has .done in the
preparation and presentation of this bill
to the Senate. As one who has taught
in the field of administrative law for
many years, I may say that the bill sup-
plies what has been to me a very ob-
vious need in the administration of gov-
ernment by law, in that it recognizes the
relationship between procedural rights
and substantive rights as such rights
relate to administrative law.
MARCH 12
For many years I have spoke'n and
Written in support of the basic principles
embodied in the pending. bill. I par-
ticularly commend the Senator from
Nevada for the recommendation con·
tained in the bill of at least a rule of
evidence stronger than. the some-evi-
dence rule. As I understand the bill in
its present form, it recognizes and ap-
proves the substantial evidence rule. I
believe that in the future, however, as
the Congress deals with specific admin-
istrative law agencies and tribunals, we
will have to recognize that in some par-
ticular instances we need an evidence
rule even stronger than the substantial
evidence rule. . In many instances it
seems to me that the weight-of-evidence
rule should be the rule used to goverQ
judicial reviews of the decisions of many
administrative tribunals.
Mr. McCARRAN. Mr. President, I am
very grateful to the Senaar from Oregon
for his observations, and for his knowl-
edge of the law.
I wish now to proceed section by sec·
tion with an explanation of the bill.
Mr. BARKLEY~ Mr. President, before
the senator continues. I ask that he yield
to me because he might wish to have in
mind, in making his explanation, what
I am about to say. '
several years ago there was before the
Congress the Walter-Logan bill, which
was an administrative law measure. I
was not in favor of thli.tmeastlre. . I op-
pOsed it as actively as I coUld. I felt
that under the terms of the bill the agen-
cies of the Government established by
Congress would be woefully handicapped
in carrying on their functions, because
of interminable delay and long-drawn-
out proceedings which might be involved,
thereby reSUlting in nullifying acts of the
legislative departments until such time
as the acts would be of no value even
if carried out. Congress passed the bill
and President Roosevelt, as I recall, .ve-
toed it.
The pending bill is a new effort to deal
with the subject about which we all ad-
mit something should be done.
When the senator expains the terms
of the bill section by section, will it be his
purpose to show in what respect and in
what way the Walter-Logan measure has
been modified, or provisions of it have
been eliminated, so as to remove some of
the objections some of us had to that
proposed legislation?
Mr. McCARRAN. A few days ago the
able Senator from Kentucky evinced his
attitUde. with reference to the Walter-
Logan bill, and I knew of his attitUde
with reference to it. Therefore, I have
now prepared a presentation of compari-
sons of provisions. I have done so by
way of explanation, I may say in answer
to the Senator. It would be impossible
for me to compare the Walter-Logan bill
pr{)vlsion by provision with the pending
bill, for the mere reason that they are
two entirely different bills. They relate
to the same subject, but they approach
it in entirely different ways. However,
I believe that I can illustrate the differ-
ence in a few words. .
The pending bill is designed to set forth
minimum procedural essentials for var-
ioustypesof functions. It does not refer
to agencies by name. It contains no ex-
 1946 CONGRESSIONAL RECORD-8ENATE 2155
ceptions. It if? thus not aimed at any The committee has been, of course, well issues involved. However, except where
particular agency or agencies. The Wal- informed as to the validity of any rec- notice and hearing is required by some
ter-Logan bill. on the other hand. con- ommendations made upon the subject, other statute, the subsection does not
tained a great many exceptions of agen- but it does approach the SUbject from apply 'to rules other than· those of SUb-
cies and subjects. Section 7 (b) was the standpoint of helpfulness in the ad- stance, or where the agency for good
thought to indicate either that it was ministration of the law, rather than from cause finds, and incorporates the finding
aimed at particular agencielS, or was so the standpo1nt of undertaking to nullify and reasons therefor in the published
imperf-ectly conceived that it could not what executive departments set up by rule, that notice and public. procedure
be applied across the board. The pend- Congress might be attempting to do. are impracticable, unnecessary, or con-
ing bill does, however, in section 2 (a), Mr. McCARRAN. Positively, we nUl- trary to the public interest.
exempt war agencies, because they ltre lify nothing. Subsection (b) of section 4 concerns
presumably self-liquidating, and it was Mr. BARKLEY. That was my objec- procedures. This subsection provides
deemed unwise to attempt to cover them tion to the former measure, as the Sen- that after such notice as required by the
at this late date. ator will recall. preceding subsection, the agency must
The definitions of the Walter-Logan Mr. McCARRAN. I do recall very aJford interested persons an opportunity
bill were imperfect and confusing. Rules well. I may say to the Senator from to participate in the rule-making, at
were so defined as to inclUde "orders" Kentucky that earlier in my discourse least to the extent of submitting written
and were limited to interpretations of upon the pending bill I discussed the data, views, or argument. This subsec-
terms of statutes. That bill, therefore, differentiations between the Walter- tion also provides that after considera-
failed to distinguish between substan- Logan bill and the Attorney General's tion of such presentations. the agency
tive, interpretive. and procedural rules. committee report, an~ so on. much incorporate in any rules adopted
The pending bill exempts from its pro- Mr. BARKLEY. I was necessarily a concise general statement of their basis
'cedural reqUirements all interpretive, called from the Chamber and was not and purpose. However, where other
organizational. and procedural rules, be- present. statutes require rules to be made after
cause under present law interpretive Mr. McCARRAN. . I realize that. hearing, the requirements of sections 7
rules, being merely adaptations of inter- Mr. President, section 3 of the bill con- ·and 8, which relate to public hearings
pretations of statutes, are subject to a cerns provisions respecting public infor- and decisions thereon, apply in place of
more ample degree of judicial reView, and mati1>n and it should be noted that the the proviSions of this subsection.
because the problem WIth respect to the bill exempts from the public-1nformation Subsection (c) of section 4 refers to
other exempted types of rules is to fa- provisions of this section, first, matters effective dates. The required pUbli.ca-
cilitate their issuance rather than to requiring secrecy in the public interest, tion or service of any substantive rule
supply procedures. and second, matters relating solely to the must, under this provision, be made not
The pending bill, therefore, applies internal management of an ·agency. less than 30 days prior to the effective
procedures only to . the making of so- Subsection (a) of section 3 concerns date of such rule, except as otherwise
called sUbstantive rules, that is, through rules. Under this subsection every provided by the agency for good cause
administrative legislation under author- agency is required to publish in the Fed- found and published, or, in the case of
ity of Congress. Other definitions in eral Register' its organization, its places .rules recognizing exemption or relieving
the Walter-Logan bill are entirely dif- of doing business witb the public, its restriction, interpretative rules, and
.ferent from those in the pending bill, methods of rule making and adjudica- statements of policy.
but, in answer to the senator from Ken- tion, including the rules of practice re- Subsection (d) of section 4 concerns
tucky, I believe that nothing will be lating thereto, and such substantive rules petitions, and provides that every agency
gained by examining those ditferences as it may frame for the guidance of the shall accord any interested person the
here. public. No petson is in any manner to right to petition.for the issuance, amend-
Mr. BARKLEY. In other words,"the be required to resort to organization or ment, or repeal of a rule.
senator's bill is the result of a careful procedure not so published. Section 5 of the bill concerns adjudi-
.stUdy of the whole subject made since Subsection (b) of section 3 concerns cations. The initial provision of this
the consideration by Congress of the opinions and orders. Under this sub- section makes it clear that subsequent
Walter-Logan bill, and since the formal section agencies are required to publish provisions of the section apply only
veto of that measure by the President, or pursuant to rule, to make available where the case is otherwise required by
and the recommendation of former At- to'public inspection' all final opinions or . statute to be determined upon an agency
torney General Homer CUmmingS who, orders in the adjudication of cases ex- hearing, except that, even in that case,
I belIeve. as one of the last things which cept those held confidential for good the following classes of operations are
he did before retiring, recommended cause and not cited as precedents. expressly not afiected: First, cases sub-
legislation along this line without going Subsection (c) of section 3 concerns . ject to trial de novo in court; second,
into detail about it. Subsequently a ~ public records, and provides that except selection or tenure of public omcers other
committee was appointed, perhaps by the as statutes may require otherwise, or in- than examiners; th1l-d, decisions resting
present Attorney General or one of his formation may be held confidential for on inspections, tests, or elections; fourth,
predecessors---- good cause, matters of ofiicial record are militarY naval, and foreign affairs func-
Mr. McCARRAN. A former Attomey to be made available to persons properly tions; fifth, cases in which an agency is
General. . and directly concerned, in accordance acting for a court; and. sixth, the cer-
Mr. BARKLEY. A former Attorney with rules to be issued by the agency. tification of employee representatives..
General, all of which took place follow- Section 4 concerns rule making. The Subsection (a) of section· 5 refers to
Ing the consideration of the previous introductory clause exempts from alI of notice. Under this subsection, persons
legislation known as the Walter-Logan the requirements of section 4 any rule entitled to notice of an agency hearing
bill, or the Logan-Walter bill, I do not mak1ng, so far as. there are involved are to be duly and timely informed 'of
know which.. However, in the main, the military, naval, or foreign affairs func- the time, place, and nature of the hear-
pending bill compIles with the recom- tions, or matters relating to agency man- ing, the legal authority and jurisdiction
mendations of the various Investigations agement or personnel. or to public prop- under which it is to be held, and the
which have been· made since consldera- erty, loans, grants, benefits, or contracts. matters of fact and law asserted. Where
tiOR of the Walter-Logan bill with re- Mr. President, I wiSh the Senate would
spect to legislation upon this subject. give close consideration to what I am . private persons are the moving parties,
Mr. McCARRAN.I would not use the about to discuss, because it is all im- issues respondents must give prompt notice of
word "complies." I would say that the portant. controverted in law· or fact; and
billtakes into consideration those stUdies Subsection (a) of section 4 concerns in other cases the agency may require
and is guided by them. notice. It provides that general notice responsive pleading; In fixing the times
Mr. BARKLEY. I did not mean in my of proposed rule making must be pub- and places for ·heariP$s the agency must
use of the word "complies" that the bill lished in the Federal Register and must give due regard to the convenience and
followed the recommendations word for include the time, place, and nature of ·neeessity of the parties.
word. but it does take 1ntoconslderation the procee<ling'S, a reference· to the au- SUbsection (b) of section 5. concerns
the facts developed by the varioUs in- thority under which sUeh proceedings procedure. Under this subsection the
vestigations to which I have referred. are held, and the terms, SUbstance, or agency is required first to afford parties
 2156 CONGRESSIONAL RECORD-SENATE
an opportunity for the settlement or ad-
justment of issues, where time; the na-
tUre of the proceeding, and the public
interest permit; and then reqUires. that
such opportunity for settlement or ad-
justment be followed. to the extent that
issues are not so settled or· adjusted, by
hearing and decision under sections '1
and 8.
Subsection (c) of section 5 concerns
the separation of functions. It provides
that omcers who preside at the taking.
of evidence must make the decision or
recommended decision in the case. They
may not consult with any person or party
except openly and upon notice, .save in
the disposition of customary ex. parte
matters, and they may not be made sub-
ject to the supervision of prosecuting
omcers. Prosecuting omcers may. not
participate in the decisions except as
witnesses or counsel in public .proceed-
ings. However, the subsection is not to
apply in determining applications for
initial licenses or the past reasonable-
ness of rates; nor does it apply to the top
agency or members thereOf.
Subsection (d) of section 5 provides
that every agency is authorized, in its
sound discretion. to issue declara.tory
orders with the same effect as other
orders.
Section tl concerns ancillary matters.
The provisions of this section relating to
incidental· or miscellaneous rights,· pOw-
ers, and procedures do not override con-
trary provisions in any other part· of
the bill.
Subsection (a) of section 6 refers to
appearance. It provides that any per-
son compelled to appear in person be-
fore any agency or its representative is
entitled to counseL In other cases,
every party may appear in person or by
counseL So far as the responsible con-
duct of public business permits, any in-
terested person may appear before any
agency or its responsible omcers at any
time for the presentation or adjustment
of any matter. Agencies are to proceed'
with reasonable dispatch to conclude any
matter so presented, with due regard for
the convenience and necessity of the
parties. Nothing in the subsection is
to be taken as recognizing or denying
the propriety of nonlawyers representing
parties.
Mr. AUSTIN. Mr. President, before
the Senator leaves that thought, I wish
to ask a question. I notice on page 28
of the bill, line 7, in the section to which
the Senator is referring, this· language:
Nothing herein shall be construed either
to grant or to deny to any person who Is nott
a lawyer the right to appear for or represent
others before any agency or in any agency
proceeding.
Is it not a fact that somewhere in the
bill the distinguished Senator has re-
served the right to a nonprofessional-
that is, a man who is not a lawyer-to ap-
pear, if the agency having jurisdiction
permits it? That is, there is a discretion
permitted, is there not? For example,
take a case where a scientific expert
would better represent before the Com-
mission the interests involved than would
a lawyer. The right to obtain that privi-
lege 1:; granted in the bill somewhere, is it
not?
Mr. McCARRAN. The senator is cor-·
rect; and in connel:t!on with that I wtsh
to read from the Attorney General's com-
ment, as follows:
This subsection does not deal wlth,or in
any way qualify, the present power of an
agency to regulate practice at Its bar. It
expressly provl4es. moreover, that nothing in
the act shall be construed either to grant.or
to deny the right of nonlawyers to appear
before agencies In a representative capacity.
Control over this matter remains in the re-
spective agencies.
That is the Attorney General's obser-
vation.
Mr. AUSTIN. Mr. President, will the
senator yield to me further? . . Mr. McCARRAN. The answer to that
Mr. MCC.<\J,tRAN. Gladly~ .
Mr. AUSTIN. I wish to ask the Sena-
tor if the provision of the bill which I
shall now read means to· make permis-
sible the appearance for a principa.l of
any person the agency deems appropri-
ate. I read:
Any person compelled to appear in person
before a·ny agency or representatlvil thereof
shall· be accorded the right to be accom-'
panied, represented, and advised by counsel
or, If permitted by ·the agency, by other
qualified repreSentative.
Does the Senator construe that lan-
guage as authorizing, for example, a
principal to be represented' by an ac-
countant?
Mr. MCCARRAN. The answer is em-
phatically "yes:;
Mr. Mc.KELLAR. Mr. President, will
the Senator yield?
Mr. McCARRAN. I yield.
Mr. McKELLAR. The next sentence
following the one which the distinguished
Senator from Vermont has just read ap-
parentlyprovides for ihat. The lan-
guage is:
Every par.ty shall be accorded the right to
appear In person or by or with counselor
other dUly qualified representative In any
agency proceeding.
That language seems to be broad
enough to cover the whole matter.
Mr. AUSTIN. I hope it does, Mr.
President.
Mr. McKELLAR. I hope so, too.
Mr. AUSTIN. I have doubt about it,
however. The word "representative"
having a special legal interpretation, I
did not know but that it was limited to
that. That is why I asked the question.
Mr. McCARRAN. I want to make
very clear that my answer is in the af-
firmative both to the Senator from Ver-
mont and to the Senator from Tennessee.
Mr. FERGUSON. Mr. President, will
the Senator yield?
Mr. McKELLAR. I yield.
Mr. FERGUSON. Did the Senator say
that the language guarantees the right
of a person in all cases to appear by his
counsel?
Mr. McCARRAN. Positively so.
Mr. FERGUSON. How woUld the
Senator define the word "counsel"?
Does that mean lawyer?
Mr. MCCARRAN. He may be a law-
yer or he may be a nonlawyer.
Mr. FERGUSON. He may be a non-
lawyer. Then could the agency deter-
mine what particular person may be
qualified to appear before it?
Mr. MCCARRAN. Will the Senator re-
peat the question?
MARCH 12
Mr. FERGUSON. Could the agency
itself .determine .. the .quaUftcations of
representatives of parties?
- Mr; McCARRAN. It is left open so
that. the agency may determine the
qualification of anyone who may appear
in certain classes of cases. As. for in-
stance. in an accusatory case, where one .
is accused of something, he may be re-
qUired to appear by attorneys so as to
defend him in his rights.
Mr. FERGUSON. Let us consider the
Tax Board. CoUld the Board itself· de-
termine that certain indiViduals were
qual11ied to appear and that ather· per-
sons were not qual11ied to appear?
question. is "No." The BOard could not
do so. The Board would have to accept
lawyers or nonlawyers, as the case might
be, because a tax expert may not be a
lawyer.
Mr: FERGUSON. Let us take the pat-
ent bar.
Mr. MCCARRAN. The same is true in
that case.. A certified public accountant,
for instance, may not be a lawyer, but he
coUld appear.
Mr. AUSTIN. Mr. President. the only
point is that he would hav-e to be permit-
ted to appear.
Mr. MCCARRAN. That is true. He
would have to be permitted by the agency
to appear. There is an explanatory
statement in the committee report which
I desire to read. It ·refers to subsection
(a) of section 6, and is found on page 19
of the report:
The final sentence provides that the SUb-
section shall not be taken to recognize or
deny the right of nonlawyers to be admitted
to practice before any agency. such as the
practitioners before the Interstate Commerce
Commission.
That has become quite an outstanding
practice.
The use of the wOrd "counsel" means law-
yers. Whlle the sUbsection does not deal
With the matter expressly, the committee
does not believe that agencies are justified in
laying burdensome admission requirements
upon members of the bar In good standing
before· the courts. The right of agencies to
pass upon the qualifications of nonlawyers.
however, Is expressly recognized and pre-
served In the SUbsection.
Mr. FERGUSON. Mr. President, will
the Senator yield?
Mr. McCARRAN. Yes.
Mr. FERGUSON. The last sentence
read by the able Senator would indicate
that if a member of the bar was in good
standing before the bar he woUld have
the right to appear. Only with respect
to nonmembers of the bar coUld the
agency make determination as to wheth-
er they have the qualifications to appear
before it.
Mr. McCARRAN. That is correct.
• Mr. McKELLAR. Mr. President, will
the Senator again yield?
Mr. McCARRAN. I yield.
Mr. McKELLAR. May I ask the Sena-
tor a very general question, which will
show that I have not examined the bill
with care? Do I correctly understand
that the principal purpose of the bill is
to allow persons who are aggrieved as
the result of acts of governmental agen-
cies to appeal to the courts?
Mr. McCARRAN. Yes.
 1946 CONGRESSIONAL RECORD-SENATE
Mr. McB;ELLAR. That is the general ter as a part of the record and decision
underlpng PUl'pose of the bill? in the case.
Mr. McCARRAN. Yes. But let me Subsection (b) of section '1 concerns
add, that where a. sta.tute denies resort hearing powers. It prOVides that presid-
to the court the bill would not set aside ing officers, subject to tbe rules of pro-
such statute. If a statute denies the cedure adopted by the agency and within
right of review, the bill does not inter- its powers, have authority as follows:
fere with the statute. • First, to administer oaths; second, to is-
Mr. McKELLAR. The bill applies only sue such subpenas as are authorized by
to orders. law; third, to receive evidence and rule
Mr. McCARRAN. The bill paves the upon offers of Proof; fourth, to take dep-
avenue by which administrative proceo- ositions or cause depOSitions to be taken;
dure may be conducted in orderly fash- fifth, to regulate. the hearing; sixth, to
ion, and by which an individual ag- hold conferences for the settlement or
grieved .and believing he has a right to simplification of the issue; seventh, to
appear before an administrative body dispose of procedural requests; eighth, to
may find his way clearly defined to get make decisions or recommended deci-
before that body. sions under section 8 of the bill; and,
Mr. McKELLAR. If not otherwise ninth, to exercise other authority as pro-
prohibited by existing law. vided by agency rule consistent with the
Mr. McCARRAN. Yes. remainder of the bill.
Mr. BARKLEY. Mr. President, will Subsection (c) of section '1 relates to
the Senator yield? ' evidence. It provides that except as
Mr. McCARRAN. I yield. statutes otherwise provide, the proponent
Mr. BARKLEY. The bill assumes of a rule or order bas the burden of
then that when Congress has heretofore proof. While any evidence may be re-
passed legislation providing that there ceived, as a matter of policy agencies are
Shall be no access to a court, Congress required to provide for the exclusion
bad a particular reason for enactment of irrelevant and unduly repetitious evi-
of such legislation, and the bill's provi- dence, and no sanction may be imposed.
:lions would also apply to future legis- or rule or order issued, except as sup-
lation of similar kind. ported by relevant, relia.ble, and proba-
Mr. MCCARRAN. Yes. I shall now tive evidence. Any party may present
~ With my statement. his case or defense by oral or documen-
SUbsection (b) of section 6 concerns tary evidence. may submit rebuttal evi-
investigations. It provides that investi- dence, and may conduct reasonable
gative process is ,not to be issued or en- cross-examination. However, in the case
forced except as authorized by law. Per- of rule making or determining applica-
sons compelled to submit· data or tions for initial licenses, the agency may
evidence are. entitled to retain. or, on adopt procedures for the submJs&ion of
payment of costs, to procure. copies of evidence in written form so far as the
such data or evidence, except that in intel'est of any party will not be preju-
IU)npublic proceedings a witness may for diced thereby. . Mr..FERGUSON. The old rule which
good cause be l1mited to inspecti()n of Mr. AUSTIN. Mr. President, at that
the omciaJ transcript. point I wish the senator from NeVada
Subsection (c) of section 6 concerns would yield for a question.
subpenas. It provides that where agen- W. McCARRAN. I gladly yield to the
cies are by law authorized to Issue sub- senator from Vernlont.
penas, parties may secure them· upon . Mr, AUSTIN. Did the cominittee in-
request and upon a state~ent or show- tentionally eh()Ose the language "except
ing of general relevance and reasonable as supported by relevant, rel1$ble, and
.scope if the agency rules so require. probative evidence" in order to avoid the
Where a party contests' a subpena, the rule 01 scintilla of proof? 'IbJ.s phrase is
court is to inquire into the situation, very significant, as I see it. On review,
and, so far as the sub~ is found in for example, the case, in order to carry
accordance with law, the court is to issue through as decided by the agency, would
an order requiring the production of the have to be supported by relevant, reliable,
evidence under penalty of contempt for and probative evidence. That; is, in my
failure then to do so. op1Dion. a very iniportant forward step
Subsection (d) of Section G requires in judicial procedure, to saY nothing
that prompt notice shall be given of de- about administrative procedure. Por my
nials of requests in any agency proceed- part I am glad to see it in the bill.
ing, and that such notice shall be accoin- Mr. JlrfcCARRAN. Let me say to the
panied by a simple statement of grounds senator from Vermont that in the prep-
for such denial aration' of this billrnany obstacleS were
Beetion '1 concerns hearings. and ap- encountered. Some of us iDsisted. that
plies only where hearingS are requ1re4 the testimony must be releVant, mate-
by section 4 or 5. rial, and competent, and that nothing
Subsection (a) Of section '1 provides else should be taken, However, repre-
that the hearing must be held either by sentatives of agencies came before us and
the agency, a member or members of the presented their views, saying that such
board which comprises it, one or more a rule would curtail their operations, and
examiners, or other otIleers .specially pro- that they ought to be given greater lati- .
vided for in other statutes or designated tude. They said to us, "We are not law-
by other statutes. All presiding and de- yers," We are acting In a quasi-judicial
ciding omcers are to operate impartially. capacity'. We ought to be able to go out-
They may at any time withdraw if they side and get hearsay test1moJ1:Y. 1f you
deem themselves disqualified; and., uPon pleaSe•. We might be able to Indulge in
the filing of a proPer aflldavit of penonal theory." So rathel' than curtail the
bias or disqua.li1lcation agalnstthem. 'the agencies, we sought an intermediate
agency is required to determlne the mat- groundwb1ch we thought wo11lct be pro-
2151
tective of the rights of individuals. and
at the same time would not handicap the
agencies. So we said to them, '·You may
go outside and get what would be sec-
ondary eVidence, or hearsay; you may
perhaps even go into the realm of con-
Jecture; but when you write your de-
cision it must be based upon probative
evidence and nothing else. If in the for-
mation of your decision you consider
other than probative eVidence, your de-
cision will be subject to being set aside
by a court of review."
.In other words, we did not wish to de-
stroy the administrative agencies or
prescribe the. methods under which they
have been operating. Some of us know
that in committees of the Senate we very
frequently hear evidence which we know
is hearsay. I dOUbt very much if any
hearing is ever conducted in which, to
some extent, hearsay is not admitted.
But we believed, and we now believe. that
reasonable men can sift the grain frapt
the chaff. Then we laid down the rule
that the administrative agencies must
not make a finding which impinges upon
an individual unless there is behind such
finding probative evidence to sustain it.
That is what we have worked out in this
bill. I have given the explanation at
some length in answer to the Senator
from Vermont:
Mr. FERGUSON. Mr. President, will
the Senator yield?
Mr. MCCARnAN'. I yield.
Mr. FERGUSON. Would the senator,
then, say that the judgment or decision
of the agency must be based upon
stronger proof than a scintilla of evi-
dence? ,
Mr. McCARRAN.· Very much stronger.
applied in the courts, particularly on cer-
tiorarI, was that if there waS any evi-
dence to sustain the verdict or judgment.
it &hould be sustained: The courts have
many tilnes so held. The Senator would
say, would he not, th9.tsomething more
than "any evidence" is required to sus-
tain such a decision. '
Mr. McCARRAN. The answer is in the
afDrmative. We say that the evidence
must be substantial probative evidence.
Mr. FERGUSON. So we are chang-
ing the rule which has been applied in
the past that any evidence, or a scintilla
of evidence, as ·it is sometimes defined,
is sufficient to sustain a verdict or judg-
ment.
llr. McCARRAN. We tried as best we
could to establ1sh a guide for adminis-
trative groups so th~t they would apply
the rule in such a way that there would
be substantial probative evidence behind
thetr 1bldlngs, and so that they could
saY, "We are not afraid to have our find-
ings reviewed by a court!' .
Mr. GEORGE. Mr. President, will the
senator 7leld?
Mr. McCARRAN, I yield.
Kr. GEORGE, The courts have many
tImes held Ulat if there is any evidence
to sustain theftnding of an administra-
tIVe board under the statute, the courts
have no power to intervene. If this bill
should become a Jaw would that rule. as
heretofore construed by the courts, re-
n:Wn tn eftect?
Mr. McCARRAN. The courts have
given various constructions. :The courts,
2158 CONGRESSIONAL RECORD-SENATE
in reviewing an order, are governed by
the provisions of section 10 (e), which
states the substantial-evidence rule. In
other words, in some instances the courts
have held that there must be substantial
e','idence. We are saying that there
must be probative evidence of a substan-
tial nature, and that even though the
commission or bureau may take hearsay
evidence in its hearings, it must have
some probative evidence to sustain its
finding.
Mr. GEORGE. The point I wish to
raise is that some of the acts of Con-
gress, particularly those enacted in re-
cent years, have led the courts to hold-
and they so hold-thatlf there be any
evidence to sustain the finding of a
board or agency, the court has no power
to interfere with it.
Mr. McCARRAN. I would put it· in
this way-
Mr. GEORGE. Would the enactment
of this bill require some SUbstantial or
probative evidence to support such a
finding?
Mr. McCARRAN. Yes.
Mr. GEORGE. Take the labor rela-
tions cases. Senators are familiar with
them. The circuit courts have fre-
quently complained against what the La-
bor Relations Board did, but have said,
"We are powerless to interfere with it."
Would this bill change that rUle, if the
court were of the opinion that there was
no probative evidence?
Mr. McCARRAN. Yes; it would
change that rule.
Mr. GEORGE. I am pleased to hear
it.
Mr. McCARRAN. I thank the Sen-
ator.
Subsection (d) of section 7 provides
that the record of evidence taken and
papers filed is exclusive for decision, and,
upon payment of costs, is available to
the parties. Where decision rests on of-
ficial notice of a material fact not ap-
pearing in the evidence of record, any
party may on timely request show the
contrary.
Section 8 relates to decisions, and ap-
plies to cases in which a hearing is re-
quired to be conducted pursuant to sec-
tion 7,
Subsection (a) of section 8 relates to
action by subordinates. It provides that
whel'e the agency has not presided at the
reception of the evidence, the presid1ng
officer, or any other officer qualified to
preside, in cases exempted from subsec-
tion (c) of section 5. must make the ini-
tial decision unless the agency, by gen-
eral rule or in a particular case, under-
takes to make the initial decision. If the
presiding officer makes the initial deCi-
sion, it becomes the decision of the
agency in the absence of an appeal to
the agency or review by the agency on its
own motion. On such appeal or review,
the agency has all the powers it would
have had in making the initial decision.
If the agency makes the initial decision
without haVing presided at the taIqng of
the evidence, whatever officer toOk the
evidence must first make a recommended
decision, except that, in rule making or
determining applications for initial li-
censes, the agency may instead isSue a
tentative decision or any of its respon-
sible officers may recommend a decision,
or such intermediate procedure-maybe
wholly omitted in any case in which the
agency findS on the record that the
execution of its functions imperatively
and unavoidably so requires.
Subsection (b) of section 8 Concerns
submittals and decisions. It provides
that prior to each recommended or other
decision or review, the parties must be
given an opportunity to submit for the
full consideration of deciding officers,
first, proposed findings and conclusions,
or exceptions to recommended decisions
or other decisions being appealed or re-
viewed; and, second, supporting reasons
for such findings, conclusions, or excep-
tions. All recommended or other deci-
sions become a part Qf the record and
must include findings and conclusions,
as well as the basis therefor, upon all the
material issues of fact, law, or discretion
presented by the record, besides includ-
ing the appropriate agency action or
denial.
Section 9 concerns sanctions and
powers, and relates to the exercise of any
power or authority by an agency.
Unlike sections 7 and 8, section 9 ap-
plies in all relevant cases, regardless of
whether the agency is required by statute
to proceed upon hearing or in any special
manner. Section 9 also applies to any
power or authority that an agency may
assume to exercise.
Subsection (a) of section 9 requires
that no sanction may be imposed, or sub-
stantive rule or order issued, except
within the jurisdiction delegated to the
agency, and as authorized by law.
Subsection (b) of section 9 refers to
licenses. Under this SUbsection, agen-
cies are reqUired, with due regard for
the rights or privileges of an interested
parties or persons adversely affected, to
proceed with reasonable dispatch to con-
clude and decide proceedings on appli-
cations for licenses. Under this subsec-
tion, agencies are not to Withdraw a
license without first giVing the licensee
notice in writing and an opportunity to
demonstrate or achieve compliance with
all lawful requirements, except in cases
of wilfulness or those in which public
health, interest, or safety requires other-
wise. In businesses of a continUing na-
ture, no license is to expire until timely
applications for new licenses or renewals
are determined by the agency.
Section 10 is the section which relates
to judicial review. This section does not
apply in any situation so far as there are
involved matters with respect to which
existing statutes preclude judicial review,
or with respect to which agency action is
by law committed to agency discretion.
Subsection (a) of section 10 provides
that any person suffering legal wrong
because of any agency action, or ad-
versely affected within the meaning of
any statute, is entitled to judicial review.
Subsection (b). of section 10 concerns
the form and venue of action. It pro-
vides that the technical form of proceed-
ing for judicial review is any special pro-
ceeding proVided by statute, or, in the
absence or inadequacy thereof, any rele-
vant form of legal action, such as those
for declaratory judgments or injunctions,
in any court of competent jurisdiction.
Furthermore, under this subsection,
agency action is also made subject to
MARCH 12
jud1cial review in any civil or criminal
proceeding for enforcement, except to
the extent that prior, adequate, and ex-
clusive opportunity for such review is
provided by law.
Subsection (c) of section 10 concerns
reviewable acts of agencies. This SUb-
section prevides that agency action made
reviewable specially by statute, or final
agency action for which there is no other
adequate judicial remedy. is subject to
judicial review. In addition, prelimi-
nary or procedural matters not directly
subject to review are made reviewable
upon the review of final actions, Except
as statutes may expressly require other-
wise, agency action is final regardless of
whether there has been presented or de-
termined any application for a declara-
tory order, for any form of reconsidera-
tion, or unless the agency otherwise· re-
quires by rUle, for an appeal to superior
agency authority.
Subsection (d) of section 10 concerns
interim relief. It provides that pending
judicial reView, any agency may postpone
the effective date of its action. Upon
conditions, and as may be necessary to
prevent irreparable injury. any review-
ing court may postpone the effective date
of any agency action, or preserve the
status quo pendi~ conclusion of review
proceedings.
Subsection (e) of section 10 concerns
the scope of review. Under this subsec-
tion, revieWing courts are required to de-
cide all relevant questions of law, in-
terpret constitutional and statutory pro-
Visions, and determine· the meaning or
applicability of any agency action. Such
courts are required to compel action
shown to be unlawfully withheld or un-
reasonably delayed. They are required
to hold unlawful any action, findings, or
conclusions found to be either arbitrary
or contrary to the Constitution or con-
trary to statutes or short of statutory
right or without observance of procedure
required by law or unsuPPorted by SUb-
stantial evidence upon the administra-
tive record, where the agency is author-
ized by statute to hold hearings subject
to sections 7 and 8, or unwarranted by
the facts insofar as the latter are sub-
ject to trial de novo. In making these
determinations the court is to consider
the whole record or such parts as the
parties may cite, and due account must
be taken of the rule of prejudicial error.
Section 11 relates to examiners. It
provides that, subject to the ciVil-serVice
and other laws not inconsistent with this
bilI, agencies are required to appoint
such examiners as may be necessary for
proceedings under sections 7 and 8.
Such examiners are to be assigned to
cases in rotation. insofar as practicable
and are to perform no inconsistent
duties. Under this section, examiners
ate removable only for good cause de-
termined by the Civil Service Commis-
sion, after opportunity for hearing, and
upon the record thereof. Examiners are
to receive compensation prescribed by
the Civil Service Commission inde-
pendently of agency recommendations or
ratings. One agency may, with the con-
sent of another and upon selection by
the Civil Service Commission, borrow ex-
aminers from another' agency. The
Civil Service Commission is given the
 1946 CONGRESS]ONAL
necessary powers to operate under tbis~
section.
Section 12 rellttes to the construction
and etIee:t of the bill. It provides thAt
nothing in the bill is to cUminish con*
stitutional lights or limit or repeal adcli~
ti{lnal requiremel'J.ts of law. It provides
thfl,t requirements of evidence and pro-
cedure are t~o apply equally t-o agencies
and private persons, except as otherwise
provided by law. The unconstitutional-
. ity ot any l,ID.rtiQn or application of th\;
bill is not to affect other portions 01' ap-
plications. Agencies are granted all au-
thority 1'lecessary to comply with the bill.
SubsequeIlt legislation is not to modify
the bill except as it may d6 so expressly.
The bill would become law 3 months
after its approllal, ex.cept tbat. sections
7 and 8 woulc;l take effect ~ months after
approval, the requirements of section 11
would become: etledive a year ane:r ap-
proval, and no requirement is mandatory
as to any agency proceedfng initiated
prior to the effective date of such re-
quirement.
That completes the syn,opsis of the bill.
Mr. President, as ]; have ~ted out
IoofQre. this lliU is clesigl'led to operate
as a who1e, and. its provisions are cl~
interrekJ.ted. At tbe same timec, it SOOIi'1el
be pointed out that there a1'e' certain
provisions which touch UJlOll subjeets
long regarded as of the highestimpor-
tance. On some of these sUbj'eets, such
as the se!laIatiQn ot e:uminers from Ute
ag~n<:ies they serve, the1'e has been a
wide divei1gim£.e of vi~ws. Tbe commit,.
tee has, in such Clli5.eB', taken tba eQ~
which it oolie:ves will sumce, .without
being excessive. AmeadatOl'Y or supp.
mentary legi;SlatiQn can supp~ any' deft,.
cieney whicb exl?erience dis~c.l'oses in
such cas.es.. The committee helieves that
SPecial note sb.ould be m.ade of these
situations:
Tbe exemption. of. rule making. and, de-
termining applications IN ooenses, ~m
provisions of: sections 5 (c), '7 (c), and
8 (a) may require cbange if, hi practice,
It develops that tbe3l are too broad. Tbe
committee believes it has rono,wed sound
discretion in selection of the language
used. and it is tlul feeliOfl <U the com-
mittee that. where cases ~ sba$
contested issues of fact, agencies should
not as a matter of gooa practice take
advantage of the exempti'OJ:l;S.
The committee has considered the
possibility that the preservation in sec-
tio07 (a) of tlul "conduct. of speciMd
classes Qf ll1!oceedilil;gs in wbole: or pQft
bs or before boards or' otiber omc.ers 5Jl,e-
ciany provided for by or designated pW-
suant to statute" might prove to be a
loophole for avoidance of the examiner
system. If experience should prove thls
true In any real sense, corrective legis-
lation would be' or might b~ necessary,
Therefore, the comrnit_ desires that
Government agencies sb0Uld be put em
notice that the provision in I!lue!ftion is
not intended to permit agencies to avo~d
the use of ex~aminers.. but on1¥ to pre-
serve special statutory t~pes of hearing
officers who' <:OIltribute sotaething more
than examilalefs ceulil contribute it.-ad. at
the same time to assure the parties 'lillir
and impartial proeedure.
The basic provision respecting evi~
dence, in section 7 (c) -tbe provision re-
RECORD~SENATE
quiri'ng that any agency action must be
sUI?Purted by pl'ainly "relevant, reHable,
and prOQativeevidence"-wili reqUire
full compliance by agencies, and diligent
enforcement by reviewing oourts, and so
fertb. ShooW the language. P¥O~& in-
sUfiteient t1> fix and maint.ain the st.and~
ards of proof, supplemental legislation
will become' necessal'3l. That is a110ther
matter which. at the outset of leg-islation
such as tbis must depend UPOl'l tbe spirit
in which the agencies attempt to comply
fully with the law. The committee. an-
ticipates nothing less than fun cOtn,.'QU-
ance and adequate enforcemeut; and,
with such com,pliance and enforcement,
the cemrmittee believes tl1lat the la.ngUIMJe
in question will be aGieq,uate. . deferred until it is JlQSSib.le to COIM here
Another extremely important matter
is the substantial evidence rule contained
in section 10 (e).
As a matt,er of language, "substan,tial
evidence" would seem to be an adequate
expression of law. The di.fliI:ulty, if &03.
arises from the practice of ag.encie!i to
rely uPOn..-and, in some cases, the tend-
ency of courts to tacitly approve-some-
thing less than adequate eviQence; to
rely upon suspieian, sl:lrmise, imp!i:ea-
tions, or plainly incredible evidence. It
will be tbe duty of the court:> to deter-
mine, in the final analysis" a.nd in the
eXE:l;cise of theil' independent jullffment,
whether 00 tine, wbQle the evidence, in a
gi vea ins.ta.nce is suftlcieni:lY substa.l!Itial
to support. 8 finding, conclusion, or oUter
ItgmlCY adi()n as It matter of law. In the
fi.rst instance, however, it wHl be the
function. of the agency to determine the
sumcienq of the evidence upon which
it acts; and the, proper perfoxlnance of
its public, duties wiU, requlre th~ ag~n(lY
til und.ertake tlilis inQ1J;iry in a. cluef\ll
&Wi. dis~sil\maie manner. Slwuld thtese
objectives of the bill. as worded, fait to
Pl'fldl!ce the desired result, supplemen4lal
le!!iislatiotl wHI be requil'ed.
Mr. AUflT1N. Mr., Presidl:'nt, will the
Senator yield at tbi.\! point?
Mr. McCMtRAN. I yield,
Mr. AUSTIN. In the event tbat there
is no statutory method now in eff·eet fElr
remw of a, deeisiun of an ageney, does
the d!sti1'1gUished author of the biU con-
temPlate that .bY the language he has
chosen he has given the riiht to the in~
Jured party or the complaining, party to
a. review by such extrOOrtUwu'y remedies
as in.i1nIctio:la, rmmibition, quo warra.nto,
and so forth?
Mr. MecARB,AN. My answer is in the
affirmative, That is true.
Mr. AUSTlN. And does he contem-
plate- that eVeD where there is no stat\!-
tQf.Y authQrit~ for certiIWa.ri" a,pa,rty
~t bring ee:rtiorari agatast o.oe of
t.bese agencielS?
Mr. MtCi\RRAN. Unless the Basic
statu~ prohibits it.
Mr. AUSTINe. I thank the Senator.
Mr.1lItcCARRAN. Mr. Pre!iident, what
follows in my e~atiQn is largely tbe
eXllt'e&Sien.. of; t:\le QI1i~' of tM autbor
Qf the biB. I.hav~ lJQDe ~ the Yar~
!CIlUS: se¢tioftS of lM bill section, ~ seetion.
Tke l!»atteJs whkh ! h8:v~ j!ttst tnefl-
tiel'led dtt. not include all the pl'ovisfons
ot this bili' which wilt requiTe vigil'an t
attention in order to assur.e tbeir Ptoper
operation. Almost any prO¥ision of the
2159
aill, U vmmgly interpreted, OJ: mnumized,
may fntesent 0ccMi!:m, for snpp~U'l€nJal
legislation. On the other hand. sbould
it appear at any time that in..
l!eq;ij.ire-
ments result in s,Olne undue im:pai:r:nwnt
of a particular administrative function,
appropriate amendJneut.s or e~tioflS
may' be in order.
This bill enters a new legislative field.
It attempts to provide a form and scope
of protecbwn lo,mg Q'ferduta. In tbe na-
ture of things, we must anticif»te that
experience will indicatecertaill points at
which the law should be strengthened or
amended. But, Mr. J?resi~nt, it would
be j0Ny to ool'ltend 'hat the protection
which this bill seeks to give should he
and say: "'I'!Qis bill is perfed." Because.
Mr. President, that daY callJlQ:t come lID,-
til we have had the experience of @era-
t100 under such a law, and that. experi-
ence alone will serve to p.oint out what
may be the actual defi,ciencies of the bin.
~cept in a few respects, t~ is not a
measure conferring administrative pow-
ers,. but is Qne laYi~ QPwn definltioo,'i and
stating limitations. These de:finitioo.'J
and limitations must, to be sme, be in-
terpret,ed and applied Qy a!(~eies af-
fected by them, in tMfil1st iastance. But
the en!Qrcement at the \lil1. it.)' tlle inde-
p ~ jud.i¢ial ialterpretllJJtl)l al'Hl: llP-
plieaii<m of its telilnS is a. function w~b,
in the final l;Ul4ily:us, is cleady cQ~ferred
upon the cQUrt!i.
'Therefore, it will be- the duty of re-
viewing cQUl'ts tEl' prevent avoi.dance of
the reqtlirements of the bill b¥ any man-
ner- Ocr form of indiJ'ee1!ioo, "'00 to deter-
mine the UlElf'lning ol the wewEls and
phrases ~. iDS&far a& they Olive not
been detmed in tbebin itself. FOf elf-
ample. in several provisions Qf the bill,
the expJie5si6lilt "good cause" is wsed, The
ca~ so sJll~i1JieQmust be. interf,ld'eteti by
thee centext of the: JP{ovision in which. it
is found, and tbe PUI!'PO&e of tbe entire
sectIon and bill. ~ cause found· lllust
be real and demonstra,J::}le. If the agency
is proceeding upon a statutory hearing
and reco.rd the cause: will a~r there;
otherWise, it must be such that the
agency may show the facts and consid-
eratwns warranting tbe finding in' any
proeeedi,ng in which tbe tinding is chal-
lenged. The same would,be true in tbe
case of findingsothel1 than af gQ{)d cause,
re<lliired in too bi,n. As I bavesaid, tl1ese
findings' mld&!; in tlul first instance be
~ hy t~be ~enc~ concerned; but, in
the final; analysis, their prQpriety in law,
aF14 on the facts, mu.st be sustainable
Upoll in£luiry by a. reviewing court.
Nevertheless, Mr. President, it must
be Qbv~l;l5 that f&1' most practic-al pur-
PfJ,Ses the C(mgress and the people must
look to tbe agencies themselves for fair
administration of the laws and. for com-
pliance with this bill. Judicial review is
of utmost importance, but it can be oper-
ative in r€latively few cases because of
the cost and general hazards of litiga-
fuln. It is indispe~ble; since its mere
exit;tence gener8JJy precludes the: llo1'bi-
trary exercise of po,W,ers, or the assump-
tion of powers not granted. Yet, in the
vast majQrity of caseS', the agency con-
cerned usually speaks the first and last
word. For that reason, the agencies must
 2160 CONGRESSIONAL RECORD-SENATE MARCH 12
make the firEt, prima.ry,' and most far- emphasis but It is quite In lInew-ith the lished in beok form as The Administrative
reaching e1fort to comply with the terms approach of the American Bar Association Process, says in the introduction:
and the. spirit of this bill. toward the growth of administratIve law In "The last century has witnessed the rise
the past 11) or 12 years, during which repeated of a new Instrument of government, the ad-
, The committee does not consider this ell'Orts have been made to obtain legislation, ministrative tribunal. In' its mature form
bill as an indictment of administrative such as the Walter-Logan bill, Which, If en- it is difficult to find its parallel In our earlier
agencies or administrative processes. acted, might easily have thwarted a necessary political history; its development seems in-
The committee takes no position one way and inevitable development of the adminis- digenous. The rapidity of its growth, the
or the other on those questions. By en- trative process. significance of its powers, and the Implica-
acting this bill, the Congress--expressing The blll under consideration here is en- tions of its being are such as to require notice
the will of the people-will be laying titled "A bill to Improve the administration of the extent to which this new 'administra-
down for the guidance of all branches of of justice by prescribing fair administrative our tive law' Is weaving Itself more and more into
governmental fabric.
the Government, and all private interests procedure." and waa recently Introduced In "In terms of poUtical theory, the admin-
in the country, a policy respecting the and the Senate by Senator MCCARRAN, of Nevada,
III the House by Congressman SUMNEJlS, istrative process springs from the Inadequacy
minimum requirements of fair admin- of Texas. of a simple tri-parttte form of government
istrative procedure. . The bill marks the 'culmination of more to deal with modern problems. It represents
Mr. President, I present this bill to than 5 years of continuous study arid draft- a striving to adapt governmental technique
the Senate of the United states in the Ing by the special committee on administra- that still divides under three rubrics to mod-
firm belief that the Judiciary Committee tive law and by the association itself follow- ern needs and, at the same time, to pres'Crve
of the Senate has accomplished some- Ing the veto by the President of the Walter- those elements of responsibility and those
conditions of balance that have distinguished
thing of great value to the people of the Logan blll, the association's, first effort to AnA'lo-American
secure such legislation. government."
United States. Landis here refers to the doctrine of sep-
The ,bill is also said to mark the commence-
Mr. AUSTIN. Mr. President, I do not ment of a new responsibility upon association aration of poWers. an old polltical maXim,
wish to weary the Senator by interrup- members and lawyers generally to promote 'baced upon the divls10n of gOvernmental
tions. the enactment of the measure. powers in the federal and state constitutions
Mr. McCARRAN. Not at all; that is This paper Is an attempt to evaluate the into the legislative, executive, and Judicial.
quite all right. merits of the proposed aet for the members This tripartite ideal of government, and the
checks and balances to be found in cur
Mr. AUSTIN. But if he will permit of the COlorado Bar Asseciatlon at this, its constitutions have resulted in fineness of
one more question-- annual meeting, in ordf:r that they may be
more' fully advised and In a better position to logic-chopping by our courts, to uphold the
Mr. McCARRAN. Yes; indeed. s'Cparetion .of powers,' and for a tendency on
make an intelllgent determination when the
Mr. AUSTIN. What has been provided association considers a resolution to approve 'their part to establish new categories of
in the bill with respect to the separation the bill and urge its enactment, and thereby, quasi-legIslative and quasi-jUdiCial powers
of the powers of prosecution and judg- as individual members, responding to Presi- when they find an executive agency infring-
ment? In other words, how does the bill dent H~nderson's appeal to "constitute your- ing on the powers of either of the other
devise a plan by which the same man self a committee of one to do what you can branches of government.
Dean Landis'then states:
,shall not be both prosecutor and judge? to aid in securing favorable consideration of "the insistence upon the compartnientali_
Mr. McCARRAN. Section 11 of the the association's immediate objectlv~the
improvement of the administration of Justice za,tion of power along triadic lines gave way
, bill provides very specific machinery for through the adoption of a statutory frame- in the nineteenth century to the eXigencies
independent examiners. We have pro- work of fair administrative procedure." of governance. Without too much political
vided by what method they shall be se- It is indeed a grave responsiblllty Which theory but with a keen sense of the practl-
lected and that they shall be independ- confronts the bar associations and the law- calltles of the situation, agencies were cre-
ent, and we have further provided that yers of this country. We should make cer- pectswhose ated functions embraced the three as-
of government. RUle making, enforce-
they shall make the initial findings when tain that the proposed act would actually im- ment, and the disposition of competing
they sit as examiners. That is the prove th~ administration of justice and that 'claims made by contending parties were all
method which separates the prosecutor it truly prescribes falr administrative proce- entrusted to them. As the years passed, the
from the judicial omcer, and so forth. dure. We should be certain that the public process grew. These agencies, tribunals, and
interest and welfare will properly be pro- rule-making boards were for the sake of con-
Mr. President, I now lay the bill be- tected; that the act will not impede the nor-
fore the Senate with the hope that it mal development of administrative law, and venience distinguished from the existing gov-
may be approved and passed. ernmental bureaucracies by terming them
that it is not an elfort to emasculate the 'administrative.' The law the courts per-
Mr. FERGUSON obtained the floor. growth of new instrumentallties designed to mitted them to make was named 'administra-
Mr. JOHNSON of Colorado. Mr. meet the will of the people In a rapidly ex- tive law,' so that now the process In all its
President-- panding society in periods of s~ress and component parts can be appropriately termed
Mr. FERGUSON. Does the Senator strain. the 'administrative process.'''
from Colorado wish to have me yield These points are raised because frequentlY The term "administrative law" thus came
In recent years advocates of this type of into general use and the administrative proc-
to him? legislation have used,somewhat carelessly,
Mr. JOHNSON of Colorado. I wish cUches such as "administrative absolutism," and ess has resulted in a voluminous llterature
the inclusion of courses in administra-
to place in the RECORD at this point a "bureaucracy," "dictatorship," "the Issue here tive law in most of the law schools.
statement in -regard to the bill. is constitutional government versus bureau- Since the administrative process deals With
Mr. FERGUSON. I yield. cratic dictatorship," "the new despotism," ,the relationships of governmental agencies
Mr. JOHNSON of Colorado. I ask this "wonderland of bureaucracy," this "pat- to persons it has necessarily been associated
unanimous consent to have printed at tern for tyranny."
Now, what Is this thing which has so
with the term "bureaucracy." From bureauc-
this point in the RECORD a discussion of frightened members of the Congress, bar racy to autocracy to dictatorship Is a simple
the proposed Administrative Procedure associations, lawyers, the press: and seme of transition In some people's thinking. The
Uterature of the subject abounds With ful-
Act. The discussion or address is by Mr. , the general publlc? What Is this thing which minations. It treats the administrative proc-
Allen Moore, who is a prominent mem- brings about such violent attacks? Are the ess as if it were an antonym of that supposed-
ber of the Colorado bar. very foundations of our Government being ly immemorial and sacred right of every
There being no objection, the address undermined? Are such fears well-founded? Englishman, and every American, the legal
was ordered to be printed in the RECORD, I think not. "Administrative law," "the ad- palladium of the rUle of law. The process is
as follows: ministrative process," "administrative tri- denounced by worthy lawyers, legislators, bar
bunals" do not appear so sinister if one un- associations, and politicians as heralding the
[From the January 1945 Issue of Dicta, official derstands something of the origins, develop- death knell of ancient liberties and priVileges.
pUblication of the Denver and Colorado Bar ments, and characteristics of the adminis- The Independent administrative agencies of
Associations I trative process and its proper evaluation in th.e Federal Government have been said to
THE PROPOSED ADMINISTRATIVE PROCEDURE ACT our scheme of government. constitute "a headless fourth branch" of the
(By Allen Moore) It therefore seems appropriate before giv- Government, a haphazard deposit cf irrespon-
Ing a synopsis of the proposed Ad~lnlstra­ sible agencies and uncoordinated powers
The proposed Federal Administrative Pro- whose institution did "Violence to the basic
cedure Act, sponsored by the American Bar tive Procedure Act to give something of the
background of administrative law in this theory of the American Constitution that
Association and drafted by Its special com- there shOUld be three maJop branches of the
mittee on administrative law, has been said country, as well as to trace the steps leading Government, and only three."
to provide the most fertile ground for states- to the Introduction of the McCarran-Sum- Such glorification of the doctrine of the
manship In the field of the administration of ners bill. separation of powers obscures rather than
justice since the Judiciary Act of 1789. This James M. Landis in the Storrs LectUres clarifies thought. In spite of this chorus of
view seems not only to be a bit of over- given at Yale University in 1936, later pUb- abuse and tirade, the growtli of the adminis-
 1946 CONGRESSIONAL RECORD-SENATE
trative process shows or will show little signs
of being halted.
The admi\1istrative process In the Federal
Government is not new. On the contrary It
is as old as the Government itself, and its
growth has been virtually as steady as that of
the statutes at large. The growth has been
pragmatic. Congress has passed laws and has
resorted to the administrative device in the
framing of the laws and In the practical ef~
fort to meet particular needs.
T"ne 9 executive departments and the 18
or more independent agencies are examples
of administrative agencies, but so mso are
the many subdivisions of departments
termed "bureaus," Hoffices," uadministra..
tions," "services" Rnd the like, which have
a sUbstantial measure of independence In
the department's internal organization and
in the conduct of their adjudicative or rule-
making actiVities. At the time of the At-
torney General's committee report, there
were 51 administrative agencies of the type
which were deemed to be parts of the ad-
ministrative process. The war has added to
that number about 25, more, making a total
of about 75 strictly administrative agencies.
There are, of course, other agencies which do
not have rule-making or adjUdicatory
powers.
Since the administrative process has de-
veloped in this fashion and Without a defi-
nite plan. it invites comprehensive study
with a view to coordination and improvement
and not blind repeal or emasculating and
unthinking legislation. It should be under-
stood that the administrative process has
deep roots In American history and It should
be recognized that It embodies the practical
judgments of successive Congresses and
Presidents, and of the people. It Is no so-
cialistic, foreign Ideology, plotted by the so-
called palace guard for the purpose of SUb-
stituting a government of men for a govern-
ment by law. It should be and can be Im-
proved and developed Into an ever-Increasing
instrumentality for efficient government In
an Increasingly complex society where gov-
erment is certain to be charged with more
and more functions, which Ina simple, eco-
nomic society of earlier days were either
nonexistent or could easily enough be left to
the ordinary legislative, executive. or jUdicial
processes.
The American Bar Association has for
many years been preparing itself for leader-
ship In undertaking to effectuate more ade-
quate legislative and jUdiCial guidance or
control of the development of administrative
law. Through Its special committee on ad-
ministrative law, first established in 1933
and continued annually to this time, It had
made many studies and reports to the asso-
ciation.
In recent years the first SUbstantial rec-
ommendation of the special committee on
administrative law was the establishment
of a Federal administrative court. That ef-
fort proved abOrtive. It was succeeded by
the legislative proposal known generally as
the Walter-Logan bill, which was sponsored
by Congress and vetoed by the President.
Shortly thereafter the Attorney General's
Committee on Administrative Procedure
made its final report, Including, legislative
recommendations by both a majority and
a minority of that committee.
The American Bar Association did not
adopt either of those measures as its choice,
nor did it continue Its backing of the Wal-
ter-Logan bill; instead. It adopted a declara-
tion of principles which it felt should be in-
cluded In any adequate Federal legislation
and declared that of the el(istlng proposals
t"at of the minority of the Attorney Gen-
eral's committee more nearly met the prin-
ciples so declared.
Thereafter a subcommittee of the Senate
JudiCiary Committee held extensiVe hearings
on the proposals grOWing out of the Attorney
General's committee hearings, but suspended
XCII--137
consideration In the summer of 1941 because
of the imminence of war and the then de-
clared national emergency. Accordingly, for
the next year and a half tIle special commit-
tee on administrative law devoted its ener-
gies to the development of the conference on
administrative law and other matter covered
in its annual reports.
The house of c1elegates of the association,
on August 26, 1943, adopted recommendations
authoriZing the special committee on ad-
ministrative law (1) to draft a bill respect-
Ing the basic problems and reqUisites of fair
atiminlstratlve prccedure, and (2) upon the
approval ofsuch a bill (a) to J:ublicize it and
take all necessary steps to secure Its consid-
eration and adoption, and (b) to make spe-
cial recommendations to congressional com-
mittees with reference to legislative action
In connection with specific administrative
agencies or powers as may arise.
A first draft of such general Federal legis-
lation accompanied the 1943 report of the
committee. A second tentative draft was
printed in 30 A. B. A. Journal 7, January 1944.
A further amendment of this draft was pre-
sented to and approved by the house of dele-
gates February 28, 1944, and was printed in
30 A. B. A. Journal 226, April 1944, and as
stated earlier was IntroducOld in the Senate
by Senator MCCARRAN as S. 2030 and In the
House by Mr. SUMNERS as H. R. 5081, Seventy-
eighth Congress, second session.
With this perhaps overlong introduction
and background material In mind, 1 shall
now proceed to discuss the purposes, scope.
and effect of the bill 1! enacted and to give
an analysis or synopsis of .Its prinCipal fea-
tures with comments Interspersed as to what
I consider to be. Its good and bad points.
The McCarran-Sumners bill is designed
primarily to secure publicity of administra-
tive law and procedure. to require that ad-
ministrative hearings and decisions shall be
conduct'ed In such manner as to preclude
the secret reception of eVidence or argument.
to restate but not expand the right of and
procedures for judicial review, and to foster
the foregoing by requiring an intra-agency
segregation of deciding and prosecuting
functions and personnel. No attempt is
made to reqUire formal administrative hear-
ings where the law under which the agency
cperates has not so reqUired. No attempt is
made to limit existing administrative au-
thority. Agencies are simply confined to the
scope of their authority.
The proposed act Is said by its drafters to
be designed to achieve four essential and
simple purposes:
"(I) It reqUires administrative agencies
to publish their organizations and proce-
dures. and to make available to public In-
spection their orders and releases.
"(2) As to rule making, It requires that
agencies publish notice and at least permit
Interested parties to submit views or data for
consideration.
"(3) As to adjUdication. It provides that,
in the absence of agreement through infor-
mal methods, agencies must accord the par-
ties notice, hearing, and decision before
responsible officers, with provision for the
segre 6ation of deciding and prosecuting
functions.
"(4) As to judicial review, It provides
forms of review actions for the determination
of all questions of law In all matters not
expressly committed to e:o:ecutive discretion."
The short title of the act Is given as the
"Administrative Procedure Act."
Section 1 defines the terms "agency,"
"rule." "rule making," "adjudication," and
"order." The bill Is concerned primarily
With administrative agencies; that is, the
Congress, the courts, the governments of the
posSSlllons, the territories, and the District of
Columbia are excluded, and to judicial re-
view of their regulatory actloIl!l. It applies
to functions rather than enumerated agencies
and deals comprehensively with:
2161
(I) The issuance of "rUles," by which Is
meant the written statement of any regula-
tion, standard, policy, interpretation, pro-
cedure, requirement, or other writing issued
or utilized by any agency, of general appll-
cability and designed to Implement, inter-
pret, or state the law or pOlicy administered
by, or the organi,mtion and procedure of any
agency; and "rule making" Is the administra-
tive procedure for the formulating of a rule,
and
(2) the adjUdication of particular cases,
meaning the administrative procedure of any
agency, and
(3) the Issuance of orders by which Is
meant Its disposition or jUdgment, whether
or not affirmative, negative, or declaratox:y
in form, In a partiCUlar issuance other than
rule making and without distinction between
licensing and other forms of administrative
action or authority.
These terms include the three typical ad-
ministrative functions whiCh bear upon pri-
vate rights and parties.
The bill is further limited In scope since
war agencies and. func.ions are excluded In
toto. except as to the reqUirements In section
2 that they pUblish their procedures and
make their orders available for pUblic inspec-
tion (sec. 1), which In tUl'n is not mandatory
as to military. naval, or diplomatic func-
tions (sec. 2).
No fault Is found with respect. to the defi-
nition section, since the terms ..agency...·
"rule:' "rule making," and "order" are es-
sentially those included ia the Federal Re-
pOl'tsAct of 1942, the Federal Register Act,
and the Federal Register Regulations, In
which the essential language Is "general ap-
pllCBcbillty and legal effect." It is predicted,
however. that many, If not most, old-line
agencies, such as the Interstate Commerce
Commission and the Federal Trade Commis-
sion, will be excluded from the scope of the
act before final passage, and that Its terms
will be limited to the newer agenCies as was
done In the Walter-Logan bill.
Section 2 of the act is headed "Public in-
formation" and reqUires, except as to mili-
tary, naval, or diplomatic functions of the
United States requiring secrecy In the public
interest, the publication concurrently of all
rules concerning the organization of the
agency. SUbstantive regulations, statements
of general policy and all procedures; the
precervation and pUblication, or the making
available to pUblic inspection of all rUlings
on questions of law. and all opinions ren-
dered or orders issued In the course of ad-
judlcBctions, and the filing of releases with the
Division of the Federal Register. To these
provisions are added certain substantive
prOhibitions regarding tile issuance of pub-
licity refiectlng adversely upon any person,
prOduct, commodity, security, private actiV-
Ity. or enterprise otherwise than by Issuance
of the full texts of authorized pUblic docu-
ments. Impartial summaries of the positions
of all parties to any controversy, or the Issu-
ance of legal notice of pUblic proceedings
within its jurisdiction. These obscure SUb_
stantive provisions appear to have no proper
place in a procedural act. In many Instances
pitiless pUblicity is a usefUl device. These
last-mentioned provisions would be most
difficult to administer. There Is, of course,
no objection to giVing the public all possible
Information through publication, Inspection,
and filing.
Section 3 Is an important section on rule
makln,.. one of the major functions of ad-
ministrative agencies. The first subsection
(a) on notice reqUires every agency to pub-
lish general notice of proposed rule making
Including (1) a statement of the time, place,
and nature of any public rule-making pro-
cedures, (2) reference to the authority un-
der which the rule is proposed, and (3) a
description of the SUbject and Issues in-
volved.Thls reqUirement does not apply to
cases In which the agency, is authorized by
 2162 CONGRESSIONAL RECORD-SENATE
law t(} issue rules without II hearing and
notice is impracticable because 01 unaVOid-
able lack of time or other emergency. The
subsection applies only to SUbstantive rule$,
and is not mandatory as to interpretive rules,
general statements of. poliCy, or rules of
agency organization or administrative proc~­
dure.
The second subseetion (b} provides pro-
cedures affording interested parties an ade-
quate opportunity to participate in rule
making through {I} submIssion of written
data or Views, (2) attendance at conferences
or conSUltations, or (3) presentatIon of facts
or-argument at informal hearings. Thlssub-
sectIon applies only to the tyP& of rulea for
.which notice is reqUired by the tirst subaec-
tion. Where a law speciJieally requires that
rules· be issued only upon II formal bearing,
separate proeedures are se-t fortb in sections
6 and 7. Public participation in the rule-
making process does not appear to be. nece~­
sary or desirable to the exten1; provided In
this subsection. It would prove costly, time
C9llSumlng, and would impede the e~iency
and effectiveness 01 the agency.
The thitdsubsection (c) provides that
every agency authorized to issue rules shall
afford any interested pelSon the l'igbt to
petition for the issuance, amendment, or re-
cission 01 any rule. Few agf1ne1es have reg-
Ular procedures whereby private pariies may
petition With respect to tules. 130tbtbe ma-
jority and the minority of the Attorney Gen-
eral's cOmm1ttee propl!lSed tb81.t such a pro-
visiiQIl be Included in legislatl<m.
Section 4 of the proposed act CJ:lovers the
SUbject of "adjudt-cation" llIlQ proTides. that
in every case ot a4m1nis.trati1l8 8ld.!Ud1eaticlll
in Which the rights" c;luti-. oJ:Uigatlans,. priv-
ileges, benetits, or other 1epJ. relatiOM of any
person are l'equired to he detennb:l,1ld <lQ1y
after opportunity for an adlniIlrstrtttva bear-
ing (except to the extent that if the:l'e. is. di-
rectly Involved any matter subject to a SUMe-
quenttrilll ot the law and facts de nOllo In
any court notice- shan be given IsUbsec. (a.) I) •
The introductory double el«leption. tc) the
sectiO!l removes fooa the operat~ of sec-
tioas 4, 6, and 'l all at\Q\inistrative procooures
in wbi.eh the lliW' coae6f1'1:~. dtleS not require
rules or orders to be ma4eupona bearmg
and. all mattEll1S- subject to a subaequ,ent t.ial
de novo in u,ny court.
Of the two intro~uctOG 8.llceptiil-D8, toot
limiting the- ac;ljUdication prooedure to those
eases in which statutes require. II hearing is
the more Significant, becaUse thereby are ex-
eludec;l the great mass ci administrative rou-
tine as well as pensions. qlabns, and a va;riety
of simUar matters in which Congress lllls in-
tentionally or traditimla.lly refrained hom
reqUiring an ar;tministratlve hearing.
The secol)cd eliceptlQII. rules out sucb mat-
ters as the tax hmetiQ-n of tlle Bureau of
In.ternal ll.eV8l1'l.UIl (wbJ.eb are triable 4e llOVO
in The Tax Cou1't) t~ a.dministration of the
custom laws (triable de novo in the customs
courtli), the wot'k of tbe pat.ent Qtlice (since
judieial proceeding!! may be ~ght to try
out the right to a pateElt), ano subjects
wl1ich might lead to claims determinable
SUbsequently in the Court of Claims. The
second ~cep-ti(>:n also exemp.t!l admlnlstrative
reparation li»!ders. assessing Qal!llllges, BUell as
are issued by the Interstate Colomerce Com-
misSlEln and the secretary of ~:icultUEe,
since such orders aIll subject to- tnal de novo
in court upon attempted enforcement.
SUbsection (a) of secti"," 4 prOVides that
the agency shall give due and adequate. no-
tice in writing specifying (1) the time, place,
lI<nQ nature of tpe p.O£eel'Ungs. (2) the precise
legal authQrity and jurisdiction, a11.d (3) the
matters of fact and law in isslle. A41lCluate
notice Is cel'tamly a prseqUislte to a fair
hearing. RElom r6ll1alns fOl' considerablll im-
provement in th~ notice Pl'lI.ctice. at many
agencies. A prOVision is mclU4ell Which pro-
vides that tbe s.t8ltement oJ: issues of fact In
the w«-Qs of the st~tutea Shall not be com-
pliance with the notice reqUIrement.
Subsection (b} 'prf>vides that in every ease
after the noticerequlr&d by subseeti0ll. (a)
ill given, the agency shall afford all in-
t~ested partIes the right anti benefit; ot tair
proeedure tor the settlement 01' adjudica-
tion of all relevant issues through (1) op-
portunity ffl1' inform&l submission and full
con.slderatlon of facts, claimS, arguments, of-
fers of settlement, or proposals of' adJust-
ment,and (2) thereafter. to the enent that
the partiet'! are unable to determine any con-
tl70versy by consent, fon:nal hearing and de-
cision in CQnfonnity with sectiouli 6 and 7.
Two lengthy provision.!! coneeming cases rest-
ing upon physIcal inspection or test, per-
mitting reinspection and retest and provid-
Ing for summary actIon in certain easel!, 1111
il1clu.ded. Seme agencies either negJeet or
preclude infpn:o.a.l procedures, altho1Jg1:\ now
even courts tbrough pretrial proceedings ctfs-
pose of much of tl:\eb: busl:nes.ll in that way.
There is even more reason to do' so in the
a.dministrative process, fOr "informal proce-
dures constitute the great bUlk of adminfs-
trative adJUdication. and are trUly the life-
blOOd of the administrative procSSIi." In-
sofar as pOSSible, eaSes. shoUld be disposed of
through ~on.!erences, agreements, or stipUla-
tions. henqe the Inclus1Pn of such Informal
methods In th~ act, and' their appltcatlon
to Inspections and summary proceedj.ngs, will
stren.gthen the admtn1!itrative arm and Ge.rve
well tbe intere!!ts of private parties.
SUbsectton (c).provtdes. tor declaratory
rulings upon petition of any proper party
in order to teI'l'llinate a controversy or to re-
move Ullcertainty as to the val1dity or ap-
plication of any administrative authority,
rule. at order wIth the same etrect and /i.ub-
ject to the salnfl JUdtciu,l renew as in the
calle of other rules. or orderaof the agencY.
The admin.ts.trative process has. been wow to
adopt declaralory Ndgment procedures, al-
thOugh cQurts, partiCUlarly. Stat.e cQUrt,s, have
long recogn~d the validity of auch proce-
dures. The . .Attorney General's committee
strongly recOmmended tbat d.eelaratory tuX-
ings be made. a. part of the adlninlstratlve
process and subject to judicial revi.ew.
Section 5. ~f the bill coocerns certain an-
cillary matters in connection with any ad-
ministrative rule. making, adjudicatiolJ, in-
vestigation, or other proceeding or autnority.
s,uch all appearance, the COnduct Of investi-
gations, subpenas an4 denials.
SUbsection (a) of the section :recognizes
the right of parties to appear b&fOl'e admin-
Istrative agencies, in person, or by coun.sel,
and be accorded opportunitiefl, and facIlities
for tne negotiation. informliltion, adjust-
ment, or formal or informal settlement of
any case, A provision recQinizes, that, in the
administrative ptocess, the right to counsel
sball be accorded as of l'lght jus.t as recog-
nize4 by tke 13ill of Rights in COlmection with
judiCial process, an4 as proposed by ootb ma-
jority and minority of the Attorney General's
committee. A seconc1 provision is designed
to do what is possible to remec1y delays in
the adminjstrative process. sinee "expec;lition
in the disposition of cases is commonly a
majOl' objeetive of the aclministtative proc-
ess."Itrelieves the private plU'ties from
consequences of unwarranted o~ avoidable
admtniatrative 4elay, prOVides that cases
shall be promptly set and deterroined, and
makes essential pro.vlslons for caseli in which
licenses are require.4 by law but admlnls-
tratlve agenCies fal1 to. act. In such cases
the licenses are <leemed granted after 60
days.
&1b.!1ection (b) relates to the conduct of
11lvestigati01ls, stating that they shall be
contl.ned. t.O the jurlsdiqtion and purposes of
the agency to which tl1e authorIty is dele-
gatee!.
SUb&eetion (c) relating to subpenas 1s de-
signed (1).to assure that priva.te. partieG as
weU as. agencies shall have II: tight t?liUCh
subpenas,. (2) limit the sl10wlDi req,wre4 of
private parties so that they may not be re-
MARCH 12
qulreci to disclose their entire case tor the
benetit of agency personnel, and (3) recog-
n . that 11 private plU'ty _y contest the
validi.ty of an admiu.utrame sul!lp.ena issued
llga.mst him prior to i",cur~ penalties for
cUsobediel1C8; si.n~e otherwjse partiea may in
eifect be deprived of all opportunity to con-
test the search or !i6iZure. involved,. The
haphazard and often unfair methods of issu-
• ance Of administrative suopenas were recog-
nized in the final report of the Attorney
General.'s committee.
SUb6eC'l;t()l1 (d) proVides that every agency
shall give JlfOIIDpt notice of lj:~mials accom-
panied by the grounds 10J: such denial and
tmy furtber adminis.trative proeedures avail-
able.
No e-xception Is taken to any or the ImcH-
lary l11atters i»eluded in sect jon S.
Se~tions 6 llnd 7 of the bill are ot the great-
est importance, 'slnce they P"O"ide the esSffi-
tial proeeclures thought te con!!titute a full
and fair hearing and proper decision!! 01' find-
ings thereatter.
Section 6 on "Hearings" states that no ad-
ministratIve procedure shall satiSfy tbe re-
qUirement of a fUll hearing unless (subsec.
(a)) the case shall pe heard (l) by the
ultimate authority of the agency or (Z) by
one or more subordinate hearing ollieers des-
ignated py the agenc·y from memben 01 the
board or body ""hien comprises the highest
ll11thorit)" therein. state representatives au-
thOFized by laW' to preside at the taking of
evitlenee VI' ell:aminers appointed subject to
the civil sel.'Viee or other laws, a.t !!alarles
ran~ing frorn $3,000 to $9.000. Nurnerous
proV1llions lI1'e inserted respecting the func-
tions of SUCh presiding ofBeers.
In subs.ection (b) presIding officers are
given power to (1) administer oaths and Ilftir-
matlons, (2) issue subpenas, (3) rule upon
olfers of proof and receive evld:el1ce, (4) take
or cause depositfon~ to be tll.l!.en, (~) regUlate
tbe course of hearing:; and the conduct of
the parties, (6) hold informal conferences.
(7) dispose of motiQns, etc., and (8) make
or participate in decisions In CQnformity witb
section 7
Subsection (c) relates to evidence. The
principles of relevancy, materiality, probative
force, an4 I>ubstantiality as recognized in
judicial proceedings of an equitable nature
shall govern the proof, decision, and admin-
istrative o.r 1udicial reView of all questions
of fact, Thus it appears that no attempt
is made to reqUire the application of the so-
called common law or jury trial rules of evi-
dence in administrative hearings. This is
proper. It is in line With basic principles
ot evidence followed among admnistrative
agencies, This subsection contains other
pertinent prOVisions regarding burden of
proof. the rights of cross-examination and
rebuttal, admission of wrItten evidence. olli-
cial notice, and a declaration that no sanc-
tion, permission, or benefit shall be imposed
vr granted, or permission or benefit with-
held except upon 'evidence which on the
whole record Is competent, credible, and Sub-
stantial.
Subsection (d) enumerates the materials
which Shall qonstitUte the record and pro-
Videa that it shall be available to all parties.
section 7 contains prOVisions relating to
decisions for the initial submission of briefs.
proposed tindings and conclusions. and oral
argument for consideration in preparing an
initial decision, or where SUbordinate oflleers
preside. an intermed:iate report, the details
of sltch report or decision. provisions for ad-
zronjstrative review, the consideration of
cases, the flndings and opinions and the
service thereof upon all the parties.
The. provisions of these two sections on fair
hearings and findings or decisions sl:\ould
serve to meet most of the heated criticisms
heretofore dIrected against administl'ative
agencies in the conduct of hearings. Most
well-run agencies have already prOVided for
such procedures.
1946 CONGRESSIONAL RECORD-SENATE
Section'il relates to penalties and benefits.
The first sUb$ection (a) prohibits the impo-
sition of extra-legal sanctions. Rules may
not enlarge such authority [subsec. (b)],
nor may orders do so [sub$ec. (c) I. Sub-
section (d) prohibits the imposition of bur-
dens in issuing licenses except as pro-
vided by law, or the withdrawal of licenses
except in cases of Willfulness or stated cases
of urgency, Without warning notices giving
an opportunity for the correction of conduct
questioned by the agency.
Subsection (e) is designed to placE!' limi-
tations upon the retroactive operation of
rules or orders whether SUch operation is de-
signed as a penalty or for cause. These pro-
Visions seem proper and wise.
Section 9 treats ()f Judicial review and con-
stitutes the longest. most involved and most
controversial features of the proposed act.
Chapter VI of the final report of. the Attor-
ney General's committee gives an extensive
analysis of this Important but technical sub-
ject from the viewpoint of the majority of
the committee. It concludes. that. dissatis-
faction with the eXisting standards as to the
scope of Judicial review derives largely from
dissatisfaction with the fact-finding proce-
dures employed by the administrative bodies,
that is, whether or not such action inspires
confidence, and assumes that if the notice,
hearings, and finding procedures are adopted
as recommended they will obviate the reasons
for change in the area and scope of judicial
reView.
However, the minority of the committee,
Messrs. McFarland. Stason, and Vanderbilt,
was of the contrary opinion and thought. that
Congress should provide by geJ;leral legisla-
tion for both the availab1lity and scope of
judicial review. It therefore included in its
proposed bill a qUite elaborate section on
judiCial review. In successive drafts, and in
the proposed act here under discussion, the
judicial review section became increasingly
elaborate and involved until it either means
nothing at all or else its adoption wouid re-
sult in seriously crippling the administrative
process and impose upon the courts a hope-
less burden and thus substitute the judicial
for the administrative process.
With this background. I shall attempt as
briefiy'as possible to describe the contents of
section 9 on judicial review.
There is a. introductory llmitation by
which there is excluded any matter subject to
a sUbsequent trial de novo or Judicial review
in any legislative court such as the Customs
Court, the Court of CUstoms and Patent Ap-
peals, The Tax Court, or the Court of Claims.
Subsection (a) provides that any party ad-
vel'fcly affected by any administrative action,
rUle, or order Within the purview of the act
or otherwise presenting any issue of law
shall be entitled to jUdicial review thereof
in accordance with this section, and review-
ing courts are given plenary power With re-
spect thereto. I shall not attempt here to
make crystal clear what "an issue of law"
is as distinguished from "an issue. of fact"
or a mixed issue of law and fact. I suspect
the coUrts wiU wrestle with that problem
for a long, long time.
Subsection (b) states the types of avail-
able review proceedings that are statutory
and nonstatutory and enumerates declaratory
judgments as one such type. A further pro-
vision authorizes an action for review
against the agency by its oftlcial title as well
as the headoftlcer or omcera. or any of them.
Subsection (c) relates to courts and venue.
and contains provisions as to the transfer of
review proceedings, amendment thereof, and
general provisions to assure that the rights
of parties will not be defeated by compli-
cated court and venue provisions of. law.
defects pointed out by the Attorney General's
committee.
Subsection (d) on reviewable acts st,,"tes
that any rule shall be revlewal:!le upon its
judicial or administrative appUcatlon or
threatened application, and, whether or not
2163
declaratory or negative In form or substance. The proposed administrative act repre-
except those matter); expressly committed by sents one of three conflicting doctrines of
law to absolute executive discretion. Only public administration now struggling for
final actions, rUles, or orders, or those for domination of the Federal Government.
Which there is no other adequate jUdicial Blachley and Oatman in Federal Regulatory
remedy are reviewable; in other words. a Action and Control have called these three
recognition of the principle of the exhaus- doctrines (1) the doctrine of executive man-
tion of administrative remedies. agement; (2) the doctrine of the judicial
Bubs('ctlon (e) deals with interim relief. formUla; (3) the reVisionist doctrine.
such as stay orders, in elaborate fashion. The essential feature of the doctrine of
Subsection (f). on scope of reView. is the executive management is the assertion that
heart of section 9. The drafting committee all administrative activities of the Federal
states this subsection does not attempt to Government (except those of a quasi jUdicial
expand the scope of jUdicial review, nor re- nature) shOUld be under the control of the
duce it directly by implication. "Nor Is it Chief Executive.
possible to specify all instances in which Those who advocate the doctrine of· the
judicial review may operate. Subsection jUdicial formula would require· the adminis-
(f), therefore, seeks merely to restate the trative process to act Insofar as pOl!5lble,
several categories of questions of law subject according to the jUdicial formUla of notice
to judicial review." and hearing follOWed by a decision. and would
The essential words are directly quoted: subject to jUdicial review practically every act
"Upon such review; the court shall hold which would even remotely aff~t personal
unlawful such act or set aside such applica- and property rights.
tion, rule, order, or any administrative find- The revisionist doctrine sees in the present
ing or conclusion made, sanction or require- Federal administrative system a fairly satis-
ment imposed, or permission or benefit with- factory adaptation of structure and relation-
held to the extent that it finds them (1) ship to function. At the same time it advo-
arbitrary or capricious; (2) contrary to con- cates improvement.
stitutional right, power, privilege. or immu- There are many objections to the first doc-
nity; (3) in excess of statutory authority. trine which need not be developed here.
jurisdiction, or limitations or short of statu- The doctrine of the jUdicial formUla of
tory right. grant, privilege, or benefit; (4) pUblic administration. is largely the product
made or .issued without due observance Of of the special committee of the American Bar
procedures required by law; (5) unsuppor~~ Association. the activities of which have been
by competent. material. and substantial mentioned herein. The chief criticism of
evidence. upon the Whole record. as reViewed the present system offered by it arid the asso-
by the court, In any case in which the action. ciation may be expressed in two words, "ad-
rule. or order is reql.\lred by statute to be ministrative absolutism." The proposals of
taken, made or issued alter administrative the committee at various stages have been
hearing, lilr (6) unwarranted by the facts to embodied in bilis which have been mentioned
the extent that the facts in any case are .and in the proposed administrative act Just
SUbject to trial· de novo by the reviewing described and commented upon. In my opin-
court." Ion the doctrine of the JudiCial formUla as
Every clause, phrase, an4 word of this quo- embOdied in the act is wrong In its funda-
tation deserves extensive and intensive study mental objectives. Although some of the
to determine its true significance. What its doubtful features from a constitutional
effect would be in actual operation no one standpoint and some of the most rash de-
can say. As a Whole I am of the opinion partures of earlier bllls have been eliminated
that this subsection goes entirely too far in the proposed act, yet its animating pur-
is dangerous, and would result In an impos- pose, the desire to subject every possible dls-.
sible substitution of the jUdicial for the agreement between the individual and the
administrative process and thus deprive our administrative agency to complete control by
jurisprudence of that process or else delay the courts, is opposed to the ineVitable. nec-
its proper and normal development. This essary, and useful evolution of administra-
subsection constitutes a bold and ambitioUs tive procedures and administrative and ju-
effort on the part of the critics of adminis- dicial controls that have been a notable fea-
trative law to kill. it or nullify it before it .ture of the Federal Government during more
haS had an opportunity to prove Its true than a h&Jf century.
worth. Similarly. conservative common law The theory is based on the moribund con-
Judges and lawyers have fought the develop- cept that law· cannot prevail or justice be
ment of eqUity and most every other Judicial done except through the courts. It fails to
reform. aecord to the administrative process the de-
Subsection (g) provides that jUdgments of gree .of power and finality which the courts
original courts of review shall be appealable themselves. applying the laws under the Con-
in accordance With eqUity law and in the stitution of the United States, have recog-
·absence thereof. by the Supreme Court upon . nized as belonging to that process. It looks
writs of certiorarI. backward and tries to revive the very system
Subsection (b) recognizes that all other of judicial regulation of business and indus-
provisions of law relating to Judicial review try. Which proved so Impossible as to lead to
shall remain in effect unless inconsistent the establishment of regUlatory agencies. It
with section 9, except where Congress has destroys and is not constructive. It offers no
forbidden it or broadened It. real protection to the citizen but does men-
Section 10 relates. to separations of func- ace effective administration, It rests upon
.tl0115 so as to achieve an internal segregation dead theory instead of evolving reality .. The
of deciding and prosecuting personnel. The doctrine of the judicial formula should be
minority of the Attorney General's commit- discarded and rejected. It appears that the
tee thought that there should be a complete "tendencies toward administrative absolut-
.separation of functions, that is that hearings ism," so 1eared by certain advocates of tho
should be held and decisions made by an ad- proposed act and its predecessors. are largllly
ministrative tribunal separate from the noneXistent.
agency engaged in investigations and prose- The revisionist doctrine, on the other hand.
cutions or by a court. The majority of the sees in the present system of Federal admin-
committee thought this unnecessary and un- istration a vast complex of organizations per-
desirable. holding that the problem is sim- forming a mUltitUde of function",. employing
ply one of isolating those who engage In the a Wide variety of methods and procedures, and
adjudicative actiVity. This section follows subjected to numerous types of control, car-
quite (:losely the view of the majority rather ried on Within 8 COnstitutional framework.
than of the minority. based on individual rights. adequately pro-
Section 11. the concluding section of the tected. The administrative process has de-
proposed act. includes the usual provisions veloped step by step to meet everyday needs.
respecting the construction and effect of the Changes Which are necessary Should be made
act and certain other technical matters; to Improve It and should not be designed to
2164 CONGRESSIONALRECORD~SENATE MARCH 12
destroy it. It was with this idea in mind trative decisions will be accepted with a these SUbversive influences Impossible. Fur-
that the Attorney General's cOmmittee was greater degree of satisfaction than has thermore, the same men are obliged to· serve
appointed in 19::19 and carried on its painstak- preVailed in the past, In my opinion, both as prosecutors and as Judges. This not
ing research for 2 years or more. Its flnal only undermines judicial fairness; it weakens
report is an imperative for one who would be there will be fewer complaints because public ccnftdenee in that fairness. Commis-
fUlly inforIIied of the issues involved here. of the activities of governmental agen- sion decisions affecting private rights and
The majority of the committee recom-' cies if they will attempt to live Within conductl1e tinder the suspicton of being ra-
mended (1) the establishment of an Office of the rules and regulations laid down by tionalizations of the preliminary findings
Administrative Procedure under a director Congress, After all, the Congress is the Which the Oommission, in the role of prose-
with an adVisory committee; (2) the publica- policy-maldng body of the United states. cutor, presented to itself.
tion . of rules and other infol-mation, and In this measure we are simply laying
certain safeguards with respect to rule mak- Mr. President, that statement is from
down a policy; we are trying to provide the report of the President's Committee
ing; (3) administrative adjudication through rules and regulation& Which in our
a system of independent Intra~agency hear- in 1937, If there were ever definite lan-
ing commissioners such as is ~ow in use. in opinion will be for the. benefit of the guage which set forth an undesirable sit-
the CPA; and (4) the power to ISSU~ declara- people of America and will result in a uation and the necessity for providing a
tory rulings. Speciflc recommendatIOns were greater assurance of justice at the hands remedY, it is the language which I have
made eoncerning indIvidual agencies, many of administrative agencies. I hope the read.
of Which recommendations have been adopt- bill will be passed.
ed. It made no SUggestiODS for judicial re- So again, Mr. President, I compliment
Mr. WILEY. Mr. PI'esident, I Wish to the chairman of the committee for what
vlew.It summarily rejected the idea of the join in the praise and compliments
minority of .the committee that it was feasible he has accompl1shed. Even after this
to draft· a code of standards of fair admin- which ha.ve already been bestowed upon bill becOtnes law, it will not be the final
istrative procedure, althOUgh sucb a code was the Senator from Nevada. the distin- answer. Whll-t we are saying to these
included in the final report, and, as I ba.ve guished chairman of the JUdiciary Com..; agencies is. "Get buSy, formulate your
indicated, the proposed act 18 Its present rillttee, and his stafl. They have done a rules, presqribe the pattern. and make it
form. . tremendous job in relation to this bill. unllorm so that th066 who desire to prac-
PTogress in the administratitve process can There is. no question. about the need
be made (1) by maintainIng ttwl independ- tice before you will be fully informed as to
which the bill is designed to fill and what is necessary in connection with the
ence of regulatory agencies; (2) by furtbel' which has become apparent. I believe, to
developing administrative rule making and practiee:' After we have done that, we
adjudicatiOn; (3) by more exact d1trerent~a". every la.wyer who has transacted busi- wiII take another step next year and say,
tion of the various forms of administrative ness before agencies and departments of which we shoUld say, that the practice
action; and (4) by simplifying administratIve ttie Government. In recent years, be..; in all these agencies should be uniform
judicial procedure, and, where possible, by cause of governmental bureaucratic con- inarder that they may not· adopt their
making it more uniform; trols. the need has also become very ap- own rules and prescribe certain plead-
These things will :reave the administrative parent to the laity. As a result, as the
system Intact, will add to its strength. and ings, or whatever they may be called,
chairman Ims stated, a number of com- which may di1fer from: each other. When
stability, and w1ll bn:>aden and develop It to mittees had investigated the suQiect and
meet the expanding needs ofa l1vl.ng demo- we have, in due oourse, a uniform prac-
cratic society. The adoption of the proposed submitted reports. tice laid down and followed by uniform
act- would have qUite the opposite elfect. Mr. President, I was particularly in- pleadings, we will have. ll-ccomplished
terested in the report on administrative what I am sure was envisioned by those
Mr FERGUSON. Mr. President, I management of the President's commit-
wish 'to say a few words regarding this who drew this bill.
tee which was made in 1937. That re- The PRESIDING OFFICER. The
bill. I am of the opinion that it is port, in part. is set for·th in the report of
worthy of passage by the Senate and question is on agreeing to the commit-
the Committee on the Judiciary on the tee amendment.
should become the law. pending bill. I desire to read briefiy
This bill seeks to lay do\\rn rules and The . committee amendment was to
from it. It very aptly brings to mind the strike out all after the enacting clause
regulations for administrative agencies. tendency in republics to what might be
During the course of the years there J:1as and in lieu thereof to insert:
caned barnacle growth such as that
been great growth of such agenCies. found on the hulls of ships. Unless we That this act may be cited as the "Adminis-
Any lawyer who has practiced be~ore are alert, barnacle growth will endanger trative Procedure Act."
them has found on numerous occasIOns us, and the ship of state will become DEFINITIONS
that the omcer charged With the respon- fouled, so to speak, and our institutions SEC. 2. As used In this act-
sibility of rendering a decision has acted' will become endangered. Here is the (a) Agency; "Agency" means each author-
in a way contrary to the ideas and ideals language to which I refer: ity (whether or not Within or subject to re-
of the bar and of the ancient procedures view by another agency) of the Government
The' executive branch of the Government of the United States other than Congress. the
by which we, as members of the bar.
were able to get, as we believed, equal of the United States has • • • grown up courts. or the governments Of the possessions,
without plan or d~gn • • •. To look at Territories, or the District of Columbia.
justice under law. it now. no ohe would ever recognize the Nothing in this act shall be construed to re-
While I do not think anyone can say structure whiCh the founding fathersereeted peal delegations of authority as provided by
that this is such a bill as he himself a century and a half ago. • • • Commis- law. Except as to the requirements of section
would draft, or that in every instanee It sions have been the result ot legislative grop- 3, there shall be excluded from the operation
contains language such as he himself Ing rather than the pur$uit Of a consistent of this act (1) agencies composed of repre"
would employ, nevertheless I think it is policy. • • • They are in reauty minia- sentatives of the parties or of representatives
a bill which is worthy of passage. It is ture independent governments set up to deal of organizations of the parties to the disputes
a very good start. I know that when with the railroad. problem. the banking determined by them, (2) courts martial and
problem, or the radio problem. They con- military conunlssions, (3) military or naval
the bill came before the Judiciary Com- stitutea headIess "fourth branch" of, the authority exercised in the field in time of war
mittee, of which I am a member, I sent Government, a haphazard deposit of Irre- or in ()Ccupied territory, or (4) functions
copies of it to members of the bar, as did sponsible agencies and' uncoordinated which by law expire on the termination of
other members of the committee. We powers. present hostlllties. within any fixed period
found probably a greater degree of satis- I do not believe I have overemphasized thereafter, or before JUly 1, 1947. and the
faction regarding this bill than has been the situation by my use of the term functions conferred by the follOWing stat-
evidenced in regard to the great mass of "barnacle growth": utes: selective Training and serVice Act of
legislation which is passed by the sen- There is a conflict of principle Involved In 1940; OOntract settlement Act of 1944; Sur-
ate. their make-up and fUnctions. • ., • They plus Property Act of j.944.
Recently I conferred about the bill With are vested with duties of admInistration (b) Pilrson and party; "Person" includes
Dean stason, of the University of Mich- • • • and at the same time they are individuals, partnerships, corporations, asso-
igan Law School, who has taught admin- given important judicial work, • • * The ciations, or pUblic or private orgaIUZations of
evils resulting from this confusion of prin- any character other than agencies. "party"
istrative law. After a study of this bill inclUdes any person or agency named or ad-
he believes it to be a great step forward. cIples are insidious and far reaChing. * • •
Pressures and Influences properly enough mitted as a party, or properly seeking and
I wholeheartedly agree with him. I directed toward ofticers responsible for for- entitled as of right to be admitted as a party,
think this bill lays down certain rules mulating and administering policy constitute In any'agency pt"oceeding: bUt nothing herein
artd regulations whieh will be beneficial an unwholesome atmosphere In which to shall be construed to prevent an Qgency from
to the people of America, and that be- adjmllcate private .rights. But the mixed admitting any person or agency as a party for
fore the bar of public opinion adminis- duties of the commissions render eseape from limited purposes,
 1946 CONGRESSIONAL RECORD-SENATE
(c) Rule and rule makIng: "Rule" means
the whole or any part of any agency state-
ment of general appllcabllity desIgned to Im-
plement, interpret, or prescrIbe law or policy
or to describe the organization, procedure, or
practIce requIrements of any agency. "Rule
making" means agency process for the for-
mulation, amendment, or repeal of a rUle and
Includes the approval or prescriptIon for Ute
future of rates, wages, corporate or financial
structures or reorganizations thereof, prices,
facilities, appllances, services, or allowances
therefor, or of valuations, costs, or a~count­
ing, or practices bearing upon any of the
foregoing.
(dl Order and adjudication: "Order"
means the whole or any part of the final
dIsposition (whether affirmative, negative, or
declaratory in form) of any agency In any
matter other than rule making but including
licensing. "AdjUdication" m.eans agency
process for the formulation of an order.
(e) License and lic3nslng: "License" in-
clUdes the Whole or part of any agency per-
mit, certificate, approval, registration, char-
ter, membership, statutory exemption, or
other form of permIssion. "Licensing" in-
cludes agency process respecting the grant,
renewal, denial, revocation, suspension,
annulment, Withdrawal, limitation, amend-
ment, mOdification, or conditioning of a
license.
(f) Sanction and relief: "Sanction" in-
cludes the whole or part of any agency (1)
prchlbition, reqUirement, limItation, or
other condItion affecting the freedom of any
person; (2) withholdIng of relief: (3) Im-
position of any form of penalty or fine; (4)
destruction, taking, seizure, or Withholding
of propel·ty; (5) assessment of damages, reo
imbursement, restitution, compensation,
costs, charges, or fees; (6) reqUirement, re-
vocation. or suspension of a license: or (7)
takIng of other compUlsory or restrictive
action. "Rellef" includes the whole or part
of any agency (1) grant of money, assistance,
license, authority, exemption, exception,
privilege, or remedy; (2) recognition of any
claim, right, immunity, priVilege, exemption,
or exception; or (3) taking of any other ac-
tion beneficial to any person.
(g) Agency proceeding and action: "Agen-
cy proceeding" means any agency process as
defined in SUbsections (c), (d), and (e) of
this section. For the purposes of section 10,
"agency action" includes the whole or part of
every agency rUle, order, license, sanction,
rellef, or the eqUivalent or denial thereof,
or failure to act.
PUBLIC INFORMATION
SEC. 3. Except to the extent that there is
involved (1) any function of the United
States reqUiring secrecy in the pUblic inter-
est or (2) auy matter relating solely to the
internal management of any agency-
(a) Rules: Every agency shall separately
state and currently pUblish in the Federal
Register (1) descriptions of its central and
field organIzation; (2) the established places
and methods whereby the public may secure
information or make submIttals or requests;
(3) statements of the general course and
method by which its rule making and ad-
jUdicating functions are channeled and de-
termined, including the nature and require-
ments of all formal or informal procedures
available as well as forms and instructions as
to the scope and contents of all papers, re-
ports, or examinations; a~d (4) substantive
rules adopted as authorized by law and state-
ments of general policy or interpretations
formUlated and adopted by the agency for the
gUidance of the publiC. No person shall In
any manner be reqUired to resort to organiza.-
tion or procedure not so pUblished.
(b) Opinions and orders: Every agency
shall pUblish or, In accordance with pUb-
lished rule, make available to public Inspec-
tion all final opinions or omersln the ~d­
judlcation of CasES except those required for
good cause to be held confidential and not
cited as precedents.
(Cj PUblic records: Save as otherWise re-
quired by statute. mafters of official record
shall in accordance with pUblished rule be
made avallable to persons properly and di-
rectly concerned except Information held
confidential for good cause found.
RULE MAKING
SEC. 4. Except to the extent that there Is
Involved (1) any military, naval, or foreign
1'.ffairs function of the United States or (2)
any matter relating to agency management
or personnel or to public property, loans,
grants, benefits, or contracts--
(a) Notice: General notice of proposed
rule making shall be pUblished in the Fed-
eral Register and shall Include (1 \ a state-
ment of the time, place. and nature of pUblic
rule making proceedings: (2) reference to
the authority under which the rule is pro-
posed; and (3) either the terms or substance
of the proposed rule or a description of the
subjects and issues Involved. Except where
notice or hearing is required by statute, this
subsection shall not apply to interpretative
rules, general statements of policy, rules of
.gency organization, procedure, or practice,
or in any situation in which the agency for
good cause finds (and Incorporates the find-
ing and a brief statement of the reasons
therefor in the rules Issued) that notice and
public procedure thereon are Impracticable,
unnecessary, or contrary to the publlc In-
terest.
(b) Procedures: After notice reqUired by
this section, the agency shall afford inter-
ested persons an opportunity to participate
In the rule making through SUbmission of
written data, views, or argument with or
without opportunity to present .the same
orally in any manner; and, after constdera-
tlon of all relevant matter presented, the
agency shall incorporate In any rules adopted
a concise general statement of their basis
and purpose. Where rules are reqUired by
law to be made upon the record after oppor-
tunity for or upon an agency hearing, the
reqUirements of sections 7 and B shall apply
in place of the prOVisions of this subsection.
(c) Effective dates: The required publica-
tion or service of any substantive rule (other
than one granting or recogniZing exemption
or relieving restriction or interpretative rules
and statements of pollcy) shall be made not
less than 30 days prior to the effective date
thereof except as otherwise prOVided by the
agency upon good cause found and published
With the rule.
(d) Petitions: Every agency shall accord
any interested person the right to petition
for the issuance, amendment, or repeal of
a rule,
ADJUDICATION
SEC. 5. In every case of adjudication re-
qUired by statute to be determined on the
record after opportunity for an agency hear-
Ing, except to the extent that there is in-
volved (1) 'any matter subject to a subse-
quent trial of the law and the facts de novo
In any court; (2) the selection or tenure
of an officer or employee of the United States
other than examiners appointed pursuant
to section 11; (3) proceedings In which de-
cisions rest solely on inspections, tests, or
elections; (4) the conduct of military, naval,
or foreign affairs functions; (5) cases in
which an agency Is acting as an agent for a
court; and (6) the certification of employee
representatives--
(a) Notice: Persons entitied to notice of
an agency hearing shall be timely informed
of (1\ the time, place, and nature thereof;
(2) the legal authority and jurisdiction
under which the hearing Is to be held; and
(3) the matters of fact and law asserted. In
Instances in which private persons are the
moving parties, other parties to the proceed-
ing shall give prompt notice of Issues con-
troverted In fact or law and in other in-
stances agencies may by rule reqUire respon-
sive pleading. In fiXing the tiInes and places
:for hearings, due. regard shall be had for the
2165
convl;nience and necessity of the parties or
their representatives.
(b) Procedure: The agency shall afford all
interested parties opportunity for (1) the
submission and consideration of facts, argu-
men t, offers of settlement, or proposalS of
adjustment where time, the nature of the
proceeding, and the public Interest permit
and (2), to the extent that the parties are
unable so to determine any controversy by
consent, hearing, and decision upon notice
and in conformity with sections 7 and 8.
(c) Separation of functions: The same of-
ficers Who preside at the reception of evidence
pursuant to section 7 shall make the recom-
mended decision or initial decision required
by section 8 except where such officers be-
come unavailable to the agency. Save to
the extent reqUired for the disposition of
ex parte matters as authorized by law. no
such officer shall consult any person or party
on any fact in Issue unless upon notice and
opportunity for all parties to participate; nor
shall such officer be responsible to or subject
to the supervision or direction of any offi-
cer, employee, or agent engaged in the per-
formance of investigative or prosecuting
functions for any agency. No officer, em-
ployee, or agent engaged In the perform-
ance of investigative or prosecuting func-
tions for any agency In any case shall, in
that or a factUally related case, participate
or advise in the decision, recommended deci-
sion, or agency reView pursuant to section 8
except as witness or counsel In publlc pro-
ceedings. This subaectlon shall not apply
In determining applications for Initial li-
censes or the past reasonableness of rates;
nor shall It be appllcable In any manner to
the agency or any member or members of
the body comprising the agency.
(d) Declaratory orders: The agency is au-
thorized in Its sound discretion, with like
effect as In the case of other orders, to Issue
a declaratory order to terminate a contro-
versy or remove uncerta.lnty.
ANCILLARY MATTERS
SEC. 6. Except as otherwise provided In this
act-
(a) Appearance: Any person compelled to
appear in person before any agency or rep-
resentative thereof shall be accorded the
right to be accompanied, represented, and
advised by counselor, if permitted by the
agency, by other qualified representative.
Every party shall be accorded the right to
appear in person or by or with counselor
other duly qualified representative in any
agency proceeding. So far as the responsible
conduct of public business permits, any In-
terested person may appear befOre any agency
or Its responsible oftlcers or employees for
the presentation, adjustment, or determina-
tion of any Issue, request, or controversy In
any proceeding or In connection with any
agency function, Including stop-order or
other summary actions. Every agency shall
proceed with reasonable dispatch to conclude
any matter presented to it except that due
regard shall be had for the convenience and
necessity of the parties or their representa-
tives. Nothing herein shall be construed
either to grant or to deny to any person who
Is not a lawyer the right to appear for or
represent others before any agency or In any
agency proceeding.
(b) Investigations: No process, require-
ment of a report, inspection, or other investi-
gative act or demand shall be Issued, made,
or enforced in any manner or for any pur-
pose except as authorized by law. Every
person compelled to submit data or evidence
shall be entitled to retain or, on payment of
lawfully prescribed costs, procure a copy or
transcript thereof, except that In a nonpubllc
Investigatory proceeding the witness may for
good cause be limited to Inspection of the
oIDcial transcript of his testimony.
(c) 6ubpenas: Agency sUbpenas author-
ized by law shall be issued to any party upon
request and. as may be required by rules of
prGcedure. upon a statement or showing of
2166 CONGRESSIONAL RECORD-SENATE
general relevance and reasonable scope of the
eVidence sought. Upon contest the court
shall sustain any such subpena or similar
process or demand to the extent that it is
found to be in accordance with law and, in
any proceeding for enforcement, shall issue
an order requiring the appearance of the
witness or the production of the evidence
or data under penalty of punishment for
contempt in case of contumacious failure to
do so.
(d) Denials: Prompt notice shall be given
of the denial in whole or in part of any
written appllcat1on, petition, or other re-
quest of any interested person made in con-
nectIon wIth any agency proceedIng. Ex-
cept In aftlrming a prIor denIal or Where the
denIal ·is self-explanatory, such notIce shall
be accompanIed by a sImple statement of
grounds.
HEARINGS
SEC. 7. In hearIngs which section 4 or 5
requires to be conducted pursuant to this
section- • come the decisIon of the agency. On appeal
(a) Presiding officers: There shall presIde
at the taking of evIdence (1) the agency
(2) one or more members of the body whIch
comprises the agency. or (3) one or more
examiners appointed as provided in this act;
but nothIng in this act shall be deemed
to supersede the conduct of specified classes
of proceedings In whole or part by or before
boards or other officers specIally provided for
by or designated pursuant to statute. The
functions of all presiding officers and of of-
ficers partIcIpating In dec1s1ona In conform-
Ity with sectIon 8 shall be conducted in an
impartIal manner. Any SUCh oftlcer may at
any tIme wIthdraw If he deems hImself dis-
qualified; and, upon the fIling in good faith
of a timely and suftlclent affidavit of per-
sonal bIas or disqualificatIon of. any such
oftlcer, the agency shall determine the mat-
t~ as a part of the record and decisIon in
the case.
(b) Hearing powers: Officers presidIng at
hearIngs shall have authorIty. subject to the
pUbllshed rules of the agency and withIn its
powers to (1) administer oaths and affirma-
tIons, (2) issue sUbpenas authorized by law
(3) rule upon offers of proof and receive rele-
vant evidence, (4) take or cause depositIons
to be taken whenever the elids of justice
would be served thereby, (5) regulate the
course of the hearIng, (6) hold conferences
for the settlement or simpllflcatlon of the
issues by consent of the parties, (7) dIspose
of procedural requests or simllar matters,
(8) make decisions or recommend decisIons
in conformity With sectIon 8 and (9) take
any other action authorized by agency rUle
consistent with this act.
(c) EvIdence: Except as statutes otherWise
provIde, the proponent of a rule or order
shall bave the burden of proof. Any evi-
dence, oral or documentary. may be receIved
but every agency sball as a matter of polIcy
prOVide for the exclusion of immaterIal and
unduly repetItIous evIdence and no sanction
sball be imposed or rule or order be issued
except as supported by relevant, reliable. and
probative evidence. Every party shall have
the right to present his case or defense by
oral or documentary eVIdence, to submIt
rebuttal evIdence, and to conduct such cross-
examination as may be requIred for a full
and true disclosure of the facts. In rule
making or determIning claIms for money or
benefits or appllcations for inItial llcenses
any agency may, Where the interest of any
party will not be prejudIced thereby, adopt
procedures for the submission of all or part
of the evIdence in wrItten form.
(d) Record: The transcript of testImony
and exhibits, together with all papers and
requests fIled In the proceeding, shall con-
stitute the exclusive record for decision in
accordance with section 8 and, upon pay-
ment of lawfully prescribed costs, shall be
made avallable to the parties. Where any
agency decision rests on ofllclal notIce of a
material fact not apgearing In the. evIdence
in the record, any party shall on tImely re-
quest be afforded an opportunity to shoW
the contrary.
DECISIONS
SEC. 8. In cases In which a hearing is re-
quIred to be conducted In conformIty with
section 7-
(a) Action by SUbordInates: In cases in
which the agency has not presIded at the
receptIon of the eVIdence, the officer who
presIded (or. in cases not subject to subsec-
tIon (c) of sectIon 5, any other officer or
ofllcers quallfled to preside at hearings pur-
suant to section 7) shall Initiallr decide the
case or the agency shall require (In specific
cases or by general rule) the entire record to
be certified to It for Initial decIsion. When-
ever such ofllcers make the initial decision
and in the absence of either an appeal to the
agency or review upon motIon of the agency
withIn time provided by rule, such decisIon
shall without further proceedings then be-
from or review of the initial decisIons of such
oftlcers the agency shall, except as It may
limIt the issues upon notIce or by rule. have
all the powers which it would ha"e In mak-
ing the tnltial decIsIon. Whenever the
agency makes the InItial decision wIthout
having presided at the receptIon of the evi-
dence, such ofllcersshall first recommend a
decision except that in rule making or de-
termining applIcatIons for InItial llcenses
(1) In lleu thereof the agency may issue a
tentative decisIon or any of Its responsible
ofllcers may recommend a decIsion or (2) any
such procedure may be omitted in any case
in which the agency finds upon the record
that due and timely execution of Its func-
tion imperatIvely and unavoidably so
requIres.
(b) Submittals and decisIons: PrIor to
each recommended, inItial. or tentative de-
cision. or decIsIon upon agency revIew of the
decisIon of subordInate officers· the parties
shall be afforded a reasonable opportunIty
to submit for the consIderation of the o1Ilcers
participating In such decisions (1) proposed
findings and conclusions, or (2) exceptions
to the decisions or recommended decisIons
of Bubordinate ofllcers or to tentatIve agency
decisions, and (3) supporting reasons for
such exceptions or proposed findIngs or con-
clusions. All decIsions (inclUding inItial.
recommended, or tentative decisions) shall
become a paart of the record and include a
statement of (1) findings and conclusions,
as well as the basis therefor, upon all the
materIal Issues of fact, law, or discretion
presented; and (2) the appropriate rule.
order. sanctIon, rellef, or denIal thereof.
SANCTIONS AND POWERS
SEC. 9. In the exercIse of any· power or au-
thority-
(a) In general: No sanction shall be Im-
posed or SUbstantive rule or order be issued
except WithIn JurisdIction delegated to the
agency and as authorized by law.
(b) Licenses: In any case In which appll-
cation is made for a llcense required by law
the agency. wIth due regard to the rights
or prIvileges of all the Interested parties
or adversely atl'ected persons and with rea-
Ijlonable dispatch. shall set and complete any
proceedings required to be conducted pursu-
ant to sections 7 and 8 of this act or other
proceedings reqUired by law and shall make
its decIsion. Except in cases of· wlllfulness
or those in which public health, interest, or
safety requires otherwise, no withdrawal,
lIuspension, revocation, or annulment of any
llcense shall be lawful unless, prIor to the
institution of agency proceedIngs therefor,
facts or conduct whIch may warrant such
action shall have been called to the attentIon
of the llcensee by the agency in writIng and
the llcensee shall have been accorded op-
portunity to demonstrate or achieve com-
pllance With all lawful requirements. In any
MARCH 12
ease in which the licensee has. in accordance
with agency rules, made timelyand..s uftlclent
application for a renewal or a new lIcense,
no license wIth reference to any actIVity of
a continUing nature shall expire until such
applIcatIon shall have been finally deter-
mined by the agency.
JUDICIAL IlEVIEW
BEC. 10. Except so far as (1) statutes pre-
clude JudIcIal revIew or (2) agency action Is
by law commItted to agency discretion-
(a) Right of revIew: Any person sufferIng
legal wrong because of any agency action,
or adversely affected or AggrIeved by such
actIon withIn the meaning of any relevant
statute, shall be entItled to JudIcial review
thereof.
(b) Form and venue of action: The form
of proceeding for judicial review shall be any
special statutory review proceeding relevant
to the subject matter in any court specified
by statute or In the absence or inadequacy
thereof, any applicable form of legal actIon
(including actIons for declaratory judgments
or writs of prohIbitory or mandatory injunc-
tIon or nalJeas corpus) In any court of com-
petent jurIsdiction. Agency action shall be
subject to JudIcial review Inclvll or criminal
proceedings for JudicIal enforcement except
to the extent that prior, adequate, and ex-
clusive opportunIty for such reView is pro-
vided by law.
(c) RevIewable acts: Every agency action
made reViewable by statute and every final
agency action for whIch there is no other
adequate remedy in any court shall be sub-
ject to judicIal revIew. Any preliminary. pro-
cedural, or intermediate agency action or
rullng hot directly revIewable shall be sub-
ject to review upon the review of the final
agency action. Except as otherwise expressly
requIred by statute, agency action shall be
final whether or not there has been present-
ed or determined any applicatIon for a
declaratory order. for any form of reconsid-
eratIon, or (unless the agency otherwise re-
quIres by rule) for an appeal to superior
agency authority.
(d) Interim rellef: PendIng judicIal re-
vIew any agency is authorized, where it finds
that Justice so requires, to postpone the ef-
fective date of any action taken by It. Upon
such conditIons as may be reqUired and to
the extent neces.sary to prevent Irreparable
Injury. every reviewing court (including every
court to which a case may be taken on ap-
peal from or upon applicatIon for certiorari
or other writ to a reviewIng court) Is au-
thorized to issue all necessary and appro-
prIate process to postpone the etl'ective date
of any agency ·action or to preserve status or
rights pending conclusion of the reView pro-
ceedings.
(e) SCope of reView: So far as necessary
to decision and where presented the revIew-
ing court shall decide all relevant questions
of law, interpret constitutional and statutory
provisionll, and determine the meaning or
applicability of the terms of any agency ac-
tion. It shall (A) compel agency action un-
lawfully withheld or unreasonably delayed;
and (B) hold unlawful and set aside agency
action, findings, and conclusions found to be
(1) arbItrary. capricious, or otherwise not in
accordance With law; (2) contrary to con-
stitutional rIght, power, priVilege. or Immu-
nity; (3) In excess of statutory jurisdiction,
authorj,ty, or limitations. or short of statu-
tory right; (4) wIthout observance of pro-
cedure reqUired by law; (5) unsupported by
substantial evidence in any case sUbject to
the reqUirements of sections 7 and 8 or other-
Wise revIewed on the record of an agency
hearing provIded by statute; or. (6) unwar-
ran~ed by the facts to the extent that the
facts are SUbject to trial de novo by the re-
vieWing court. In making the foregoing de-
termInations the court shall reView the Whole
record or such portions thereof- as may be
cIted by the parties, and due account shall be
taken ot the rule of prejudicial error.
 1946 CONGRESSIONAL RECORD-SENATE 2167.
EXAMINERS the request of the House for a confer- mellts in the Regular Navy and Marine
SEC. 11. SUbject to the civil-service and ence, and that the Chair appoint the Corps, and for other purposes.
other laws to. the extent not inconsistent conferees on the part of the senate. - Mr. WALSH. Mr. President, perhaps
with this act, there shall be appointed by
and for each agency as many qualified and The motion was agreed to; and the a brief statement of the bill would be
competent examiners as may be necessary for Presiding Officer appointed Mr. ELLENDER, appropriate.
proceedings pursuant to sections 7 and 8, Mr. EASTLAND, and Mr. MORSE conferees The objective of the bill is to increase
who shall be aSsigned to cases in rotation so on the part of the Senate. • and improve the process of demobiliza-
far as practicable and shall perform no duties ESTATE OF WILLIAM N. THERRIAULT AND tion by permitting the transfer of Re-
inconsistent with their duties and responsi- MILLICENT THERRIAUI;oT serve officers in the Navy and Marine
bilities as examiners. Examiners shall be Corps to the Regular Navy and Regular
removable by the agency in which they are The PRESIDING OFFICER laid before Marine Corps. It is highly desirable that
employed only for good cause established and the Senate a message from the House of immediate action be taken because of the
determined by the Civil Service Commtlsslon Representatives announcing its disagree- fact that a large number of Reserve offi-
(hereinafter called the COmmission) after
opportunity for hearing and upon the record ment to the amendment of the Senate to cers have made application to be taken
thereof. Examiners shall receive compensa- the bill (H. R. 3808) for the relief of the into the permanent Navy, and their ap-
tion prescribed by the Commission independ- estate of William N. Therriault and MilU- plications are pending. Some of the ap-
ently of agency recommendations or ratings cent Therriault, and requesting a con- pIications have been pending for weeks
and In accordance with the Classification Act ference with the Senate on the disagree- and months, and the delay in enacting
of 1923, as amended,except that the provi- ing votes of the two Houses thereon. legislation of this kind has resulted in at
sions of paragraphs (2) and (3) a! subeec- Mr. ELLENDER. I move that the least 700 of the applicants withdraw-
tion (b) of section '1 of said act, as amended, Senate insist upon its amendment, agree ing their applications. By enactment of
and the provisions of section 9 of said act, as
amended, shall noi be applicable. Agencies to the request of the House for a con- the bill we will make it easier for officers
occasionally or tempdrarlly. Insut!iciently ference,and that the Chair appoint the who have been discharged from the Navy
staifed m,ay utIlize examiners selected by the conferees on the part of the Senate. to be transferred to the Regular Navy if
Commission from and with the consent of The motion was agreed to; and the they wish to do so, and thereby be in the
other agencies. l"orthe purposes of. this sec- Presiding Officer appointed Mr. ELLENDER, Regular service.
tlon, the COmmission is authoriZed to make Mr. O'DANIEL, and Mr. WILSON conferees Mr. AUSTIN. Mr. President, will the
inyestlgations, require reports by agencies, on the part of the Senate, Senator from Massachusetts permit a
Issue reports, !llcludlng an annUal report to
the C~mgress, prom~lgate rules. appoint SUCh SETTLEMENT OF COAST GUARD CI,oAIMS question?
advisory committees as may be deemed neces- Mr. ELLENDER. Mr. President on Mr. WALsH. r will explain the bill a
sary, recommend legiSlation, subpena wlt-· February 21, 1946, the. Senate passed little more in detail after I obtain per-
nesses or record~,and pay wl~ess fees as Senate bill 1811. The bill provided for mission to have it consid,ered.
established for the United States courts. . the settlement of Coast GUard claims, Mr. AUSTIN.. Reserving' tbe right to
CONSTRUCTION AND I:FFBCT and when it was called up I made an ex- object, I shOUld like to ask about the
BEC. 12. Nothing In this act shall be held planation of it on the floor of the Sen- scope of the bill.
to diminish the constitutional rights of any ate. On March 4, 1946, the House of Mr. WALSH. At this .time?
person or to limit or repeal additional re- Representatives passed an identical bill Mr. AUSTIN. Yes, at this time.
quirements iIIlPosed by statute or otherwise
recognized by law.. Except as otherwise re- which was subsequently referred to. the Mr. WALSH.. Later I shall be pleased
quired by law, all reqUirements or privileges senate Committee on Claims, From to discuss the bill in detail.
relating to eVidence or procedure shall apply that committee I now report favorably, Mr. President, the Navy. as well as the
'equally to agencies arid persons. It any pro- without amendment, House bill 5239 to Army, is in the condition of no after-War
vision of this act or the application thereof is amend Public Law 277, Seventy-ninth authorization from the Congress. There
held invalid, the remainder of this 'act ·or Congress, so as to provide the Coast is legislation defining the size of the
other applications of sU~h proVision shau not Guard, at such time as it is transferred NaVY, and prescribing the number of offi-
be alfected. Every agency Is granted all
authority necessary to comply With the re- back to the Treasury Department. with a cers and number of enlisted men prior to
qUirements of this !lct through the Issuance system of laws for the settlement of the war.
of rules or otherwise. N'o subsequent legis- claims, and for other purposes, and I The House has passed an authoriZa-
lation shall be held to superseae or modify submit a report (No; 1038) thereon. I tion bill, indicating what the Naval M-
the provisions· of this act except to the extent ask unanimous consent that the senate fairs Committee of the House, because it
that such legislation shall do so expressly. proceed to consider the bill. has passed on the matter, believes should
This act shall take eifect 8 months atter Its The PRESIDING OFFICER.. Is there be the postwar siZe of our Navy. That
approval except that sections 7 and. 8 shall objection to the present consideration bill came to the Committee on Naval
take eifect 6 months after suCh approval, the
reqUirement of the selection Of examiners, of the bill? Affairs of the 'Senate. The committee
pursuant to section 11 shall not become e1fec- , Mr. WHITE. ,Mr. President, reserving consulted the Commander in Chief, who
tlve until 1 year after sUch approval, and ~o the right to object, is the House bill, also is deeply interested in the matter
procedural reqUirement shall be mandatory which I assume that the Senator· from from a budget standpoint and who be-
as to any agency proceeding initiated prior Louisiana wishes to have substituted for lieves that this is not the time to fix a
to the etJective date. of suCh reqUirement. the senate bill, identical in words with definite size for the postwar Navy. He
The amendment was agreed to. the Senate bUl? favors, as was done in the case of the
The PRESIDING OFFlCE;F.. ' The Mr. ELLENDER. It is identical in Army, the enactment of an ad interim
question is on the engrossment and the words,and comma for COmma. bill whiCh WOUld provide for the imme-
third reading of the bill ' The PRESIDING OFFICER. Is there . diate needs (if the Navy in taking over
The bill (S. 7) was ordered to be en- objection to the present consideration of from the Reserves a designated number
grossed for a third reading, read the the bill?' - .. of officers. 'The number of officers is
third time, and passed. There being no objection, the bill designated in the bill.
ESTATE .OF MICHAEL J. McDONOUGH, (H. R. 5239) was considered, ordered to The bill makes the following authori-
DECEASED
a thifd reading, read the third time, and zations:
passed.
The PRESIOING OFFICER (Mr. TuN- . PERMANENT APPOINTMENTS IN THE REG-' (a) An increase in the number of line
officers in the Regular Navy from 12,760
NELL in the chair) laid iJefore the senate ULAR NAVY ANt> MARINE OO~PS . . to 23,760.
a message from the House of Representa-
tives announcing its disagreement to the Mr"
WALSH. :Mr. President, I move (b) AIl increase lathe number of of-
amendment of the8enate to the bill (H. that the senate proceed to the considera- flcersin the Marine Corps from 2,552 to
R.2483) for the relief of the estate of tionof Senate bUl 1907, Calendar No. 5,552.
Michael J. McDonough. deceased, and 1 0 2 7 . . (c) An increase in the number of of-
requesting a conference with the senate The PRESIDING OFFICER. The bill fleers in the Medical Corps from 2,081
on the dlsagreelIig votes of the two will be stated by its title for the informa- to 3,781.
Houses thereon. tion of the senate. <d) An increase in the number of Of-
Mr. E1.LENDER. I move that the sen- The LEGIsLATIVE CLERK.. A bill (S. flcers in the Supply ,Corps from 1,531 to
ate insist upon its amendment, agree to 1907) to au.thome· permanent appoint- 3,231.
 1946 CONGRESSIONAL RECORD-HOUSE
Mr. MARTIN of Massachusetts. Mr.
Speaker, reserving the right to object,
and I shall not, I understand there has
been a change of program for tomorrow.
Mr. McCORMACK. Yes. We had
originally listed for consideration to-
morrow the bill H. R. 2501, dealing with
rUral rehabilitation. This bill will not
come up.
In place of it we will call up the bill
H. R. 5455, which is a bill relatiQg to
emergency housing for veterans. It will
be remembered that a similar bill was
passed last December appropriating some
one hundred and sixty-odd million dol-
lars for emergency housing for veterans
providing for the fixing up of barracks
and the moving and use of temporary
war housing. This bill is an extension
of that program.
Also on tomorrow we will take up the
bill (H. R. 4512) amending the Public
Health Service Act. The other one, H. R.
2165. will not come up. That will be
programed later on.
On Friday I am very hopeful it will be
possible. and I expect the situation to be
such that it will be, to bring up the ex-
tension of the Second War Powers Act.
I understand the Committee on the Ju-
diciary is having a meeting tomorrow on
certain aspects of it. I feel confident
that Members on both sides will agree to
the bills being brought up on Friday.
Mr. MARTIN of Massachusetts. Mr.
Speaker, I withdraw my objection.
The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts that the Committee on
Rules may have until midnight tonight
to flle certain reports?
There was no objection.
SPECIAL ORDER CHANGED
Mr. McCORMACK. Mr. Speaker, I
ask unanimous consent that the special
order granted the gentlewoman from
California [Mrs. DoUGLAS] for March 15,
be transferred to March 29.
The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts ?
There was no objection.
EXTENSION OF REMARKS
Mr. HOLMES of Massachusetts (at the
request of Mr. MARTIN of Massachusetts)
was given permission to extend his own
remarks in the RECORD.
SETTLEMENT OF GENERAL MOTORS
STRIKE
Mr. RABAUT. Mr. Speaker, I ask
unanimous consent to address the House
for 1 minute.
The SPEAKER. Is there objection to
the request of the gentleman from Mich-
igan?
There was no objection.
Mr. RABAUT. Mr. Speaker, I rise to
say that other quarrels are sometimes
settled and wish to announce that the
General Motors strike was settled this
afternoon. All the details of the settle-
ment are not known but they claim there
is great satisfaction all around.
The increase is 18% cents an hour and
there is a I-cent equalization payment
which is described as being 1 cent for
each working hour of each person being
put into a fund which fund is to be used
by some sort of agreement to equalize
differences for similar work in different
plants. This further tends toward
equality and harmony.
EXTENSION OF REMARKS
Mr. PHILBIN asked and was given per-
mission to extend his remarks in the
RECORD and include two recent articles
appearing in the Boston Herald.
Mr. BARRY (at the request of Mr.
LUDLOW) was given permission to extend
his remarks in the RECORD and include
a statement made by Mayor O'Dwyer, of
New York, before the House Banking and
Currency Committee in reference to OPA.
Mr. DOYLE asked and was given per-
mission to extend his remarks in the
RECORD and include a short editorial.
Mr. KEOGH asked and was given per-
mission to extend his remarks in the
RECORD and inclUde a resolution adopted
by the national defense committee of the
American Legion.
Mr. LANE asked and was given permis-
sion to extend his remarks in the RECORD
and inclUde a statement made before the
Committee on Ways and Means by a rep-
resentative of the National Catholic Wel-
fare Conference.
Mr. CHURCH asked and was given
permission to extend his remarks in the
RECORD and inclUde an article appearing
in the Chicago Daily News of March 11,
entitled "Stop Inflating."
Mr. DWORSHAK asked and was given
permission to revise and extend the re-
marks he made in the Committee this
afternoon and include lend-lease sta-
tistics.
Mr. CLASON asked and was given per-
mission to extend his remarks in the
RECORD.
Mr. SHAFER asked and was given per-
mission to extend his remarks in the
RECORD.
Mr. PITTENGER asked and was given
permission to extend his remarks in the
RECORD and include a letter and a news-
paper item.
SETTLEMENT OF GENERAL MOTORS
STRIKE
Mr. SAVAGE. Mr. Speaker, I ask
unanimous consent to address the House
for 1 minute.
The SPEAKER. Is there objection to
the request of the gentleman from Wash-
ington?
There was no objection.
Mr. SAVAGE. Mr. Speaker, General
Motors have agreed to settle the strike
today at a cost of 19Y2 cents an hour.
That is the exact amount recommended
2 months ago by President Truman. If
the company would have agreed to the
recommendation then instead of today,
the public would now be enjoying the
use of a great many more automobiles.
The company has maintained that it
could not afford the raise, while the
workers have contended they COUld. With-
out raising the price of cars. Evidently
if they can afford the raise now, they
could have then.
One of the hardest tasks for a large
group of workers to do is to maintain
sufficient solidarity over a long period of
time to conduct a good strike. The
General Motors workers have conducted
an exceptionally good strike, and they
are to be congratulated. Public support
2231
for their cause was the best I have ever
seen. Perhaps because they immedi-
ately agreed to the President's proposal.
EXTENSION OF REMARKS
Mr. RUSSELL. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at this point in the RECORD.
The SPEAKER. Is there objection to
the request of the gentleman from
Texas?
There was no objection.
Mr. RUSSELL. Mr. Speaker, the fol-
lowing Members of the Texas delegation
were privileged to hear the Admiral of
the Fleet, Chester Nimitz, discuss Navy's
plans, and were unable to attend the
quorum call at 1:30 p. m. today: Messrs.
WEST, GOSSETT, THOMPSON, POAGE, KIL-
DAY, LYLE, LUTHER A. JOHNSON, LYNDON B.
JOHNSON, MANSFIELD, RUSSELL, PATMAN,
BECKWORTH, and MAHON.
LEAVE OF ABSENCE
Mr. MURRAY of Wisconsin. Mr.
Speaker, I ask unanimous consent that I
may have a leave of absence from Friday
of this week until Tuesday following.
The SPEAKER. Is there objection to
the request of the gentleman from
Wisconsin?
There was no objection.
SENATE BILLS REFERRED
Bills of the Senate of the following
titles were taken from the Speaker's
table and, under the rule, referred as
follows:
S.7. An act to improve the administration
of justice by prescribing fair administrative
procedure; to the Committee on the JUdi-
ciary.
S.1907. An act to authorize permanent ap-
pointments in the RegUlar Navy and Marine
Corps, and for other· purp'oses; to the Com-
mittee on Naval Affairs.
ADJOURNMENT
Mr. GORE. Mr. Speaker, I move that
the House do now adjourn.
The motion was agreed to; accordingly
(at 5 o'clock and 45 minutes p. m.>, the
House adjourned until tomorrow, Thurs-
day, March 14, 1946, at 12 o'clock noon.
COMMITTEE HEARINGS
COMMITTEE ON WORLD WAR VETERANS'
LEGISLATION
There will be a meeting of the Com-
mittee on World War Veterans' Legisla-
tion, in open session. on ThursdaY, March
14, 1946, at 10 o'clock a. m., in the com-
mittee room 356, old House Omce BUild-
ing, on national service life insurance
legislation.
COMMITTEE ON THE JUDICIARY
On Monday, March 18, 1946, subcom-
mittee No. 3 of the Committee on the
Judiciary has schedUled a hearing on the
bill (H. R. 5234) to authorize the Federal
Security Administrator to assist the
States in matters relating to social pro-
tection, and for other purposes.
The hearing will begin at 10 a. m. and
will be held in room 346, House Office
Building.
COMMITTEE ON FLOOD CONTROL
The Committee on Flood Control will
begin hearings on an omnibus fiood con-
trol authorization bill on Monday, April
8, 1946, at 10 a. m. The hearings will
 UNITED STATES OF AMERICA

(iongrrssional Record
PROCEEDINGS AND DEBATES OF THE 79 th CONGRESS
SECOND SESSION

VOLUME 92-PART 4

APRIL 26, 1946, TO MAY 22, 1946

(PA<7ES 4127 TO 5450)

Propettyot
ANCHORAGE COMMUN'I.r ~
02/095-'
NOT TO LEAVE LIBRARY

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1946

1946 CONGRESSIONAL RECORD-SENATE
San Diego Harbor and Mission Bay,
Calif.
Columbia RIver, from Vancouver,
Wash., to The Dalles, Oreg.
(Monday and Tuesday, May 6 and 7, 1946)
Big Sandy River, Tug and Levisa
Forks, Va., W. Va., and Ky.
(Wednesday and Thursday, May 8 and
9, 1946)
Arkansas River, Ark. and Okla.
COMMItTEE ON INVALID PENSIONS
There will be a public hearing before
the Committee on Invalid Pensions at
10:30 a. m. on Tuesday, May 7, 1946, in
the committee hearing room, 247 Old
House Office Building, on H. R. 3908, en-
titled "A bill to provide increased pen-
sions to members of the Regular Army,
Navy, Marine Corps, and Coast Guard
who become disabled by reason of their
service therein dUring other than a
period of war," which was introduced by
Representative LESINSKI, of Michigan.
EXECUTIVE COMMUNICATIONS, ETC.
1251. Under dause 2 of rule XXIV a
letter from the Secretary of War trans-
mitting a draft of a proposed bill to
amend the act entitled "An act for the
creation of an American Battle Monu-
ments Commission to erect suitable me-
morials commemorating the services of
the American soldier in Europe, and for
other purposes," approved March 4, 1923,
as amended, was taken from the Speak-
er's table and referred to the Committee
on Foreign Atlairs.
REPORTS OF COMMITTEES ON PUBLIC
BILLS AND RESOLUTIONS
Under clause 2 of rule XIn, reports of
committees were delivered to the Clerk
for printing and reference to the proper
calendar, as follows:
Mr. BULWINKLE: Committee on Printing.
senate Concurrent Resolution 60. Concur-
rent resolution authorizing the Senate Com-
mittee on Interstate Commerce to have
printed for its use additional copies of hear-
ings held before said committee on S. 1253,
seventy-ninth Congress, relative to modifica-
tion of railroad financial structures; without
amendment (Rept. No. 1978). Referred to
the House Calendar.
Mr. WALTER: Committee on the JUdiciary.
senate 7. An act to Improve the administra-
tion of justice by prescribing fair administra-
tive procedure; with amendment (Rept. No.
1980) . Referred to the Committee of the
Whole House on the State of the Union.
REPORTS OF COMMITTEES ON PRIVATE
BILLS AND RESOLUTIONS
Under clause 2 of rule XIll, reports of
committees were delivered to the Clerk
for printing and reference to the proper
calendar, as follows:
Mr. BOYKIN: Committee on Accounts.
House Resolution 611. Resolution granting 6
months' salary and $250 funeral expenses to
Jessie E. Jones, wife of B. F. Jones, late an
employee of the House; without amendment
(Rept. No. 1979). Referred to the House
Calendar.
PUBLIC BILLS AND RESOLUTIONS
Under clause 3 of rule XXII, public
bills and resolutions were introduced arid
severally referred, as tallows:
By Mr. BIEMILLER:
H. R. 6297. A bill to amend the Social
Security Act, as amended, so as to change the
age for old-age and survivor benefits from 65
to 60; to the Committee on Ways and Means.
By Mr. JENKINS:
H. R. 6298.. A bill to protect and facllltate
the use of national forest lands in T. 2 N., R.
18 W. Ohio River Survey, townShip of Eliza-
beth, county of Lawrence, State of Ohio, and
for other purposes; to the Committee on
AgriCUlture.
By Mr. VOORHIS of California:
H. R. 62.9. A bill relating to the exemption
from claims of creditors of United States
saVings bonds of series E; to the Committee
on Ways and Means.
By Mr. IZAC:
H. R. 6300. A bill to authorize the secretary
of the Navy to lend Navy Department equip-
ment for use at the Twenty-eighth Annual
National Convention of the American Legion'
to the Committee on Naval Affairs. ' H. R. 6320. A bill for the relief of Mrs.
By Mr. MASON: . Fenno W. Newman; to the Committee on
H. R. 6301. A bill to supplement eXisting
laws against unlawfUl restraints and monop-
olies, and for other purposes; to the Com-
mittee on the Judiciary.
. By Mr. RANDOLPH:
H. R. 6302. A blll to authorize the payment
of compensation for time lost in the case
of certain veteran and nonveteran employ-
ees of· the United States restored to active
duty after disproval of Charges against them;
to the Committee on the Civil service.
By Mr. FLANNAGAN:
H. R. 6303. A bill to amend the provisions
of the AgriCUltural Adjustment Act relating
to marketing agreements and orders; to the
Committee on AgriCUlture.
By Mrs. ROGERS of Massachusetts:
H. R. 6304. A bill to authorize the furnish-
ing of motor eqUipment to seriously dis-
abled veterans, and for other purposes; to
the Committee on World War Veterans' Leg'-
islation.
By Mr. MAY:
H. R. 6305. A bill to make permanent the
provisions of the act of July 11, 1941, pro-
hibiting prostitution in the vicinity of mili-
tary and naval establishments; to the Com-
mittee on Milltary Affairs.
By Mr. ROE of New York:
H. R. 6306. A bill amending section 1, act
of July 20, 1942 (56 Stat. 662; 10 U. S. C.
1423a); to the Committee on Military Affairs.
By Mr. GRANAHAN:
H. Res. 610. Resolution favoring a tempo-
rary peace agreement with Italy; to the Com-
mittee on Foreign Affairs.
PRIVATE BILLS AND RESOLUTIONS
Under clause 1 of rule XXII. private
bllls and resolutions were introduced and
severally referred as follows:
By Mr. BARRETI' of Pennsylvania:
H. R. 6307. A bill for the relief of Francesco
D'Emillo; to the Committee on Claims.
By Mr. BEALL:
H. R. 6308. A blll for the relief of John F.
Guthridge; to the Committee on Claims.
By Mrs. DOUGLAS of Illinois:
H. R. 6309. A bill for the rellef Of Rudolf
Alt; to the Committee on Claims.
By Mrs. DOUGLAS of California:
H. R. 6310. A b1l1 for the relief at lIsl Tseng
Tsiang; to the Committee on Immigration
lUld Naturalization.
By Mr. FARRINGTON:
H. R. 6311. A hill for the relief of Mitsuo
Arlta; to the Committee on Claims.
H. R. 6312. A bill for the relief 01 Yukiko
Kimura; to the Committee on Immigration
and Naturalization. . physical powers with strain and stress
H. R. 6313. A bill for the reUef of the estate
·of Yoshito Ota; to the Committee on Claims.
H. R. 6314. A blll for tlle relief ofD\ml,en-
tina csJD.ara,Mary Kapoia Kalelkini, and
4455
John Kaleikinl, Jr.; to the Committee on
Claims.
By Mr. GARY:
H. R. 6315. A bill to continue in full force
and effect patent No. 1,990,645; to the Com-
mittee on Patents.
By Mr. KLEIN:
H. R. 6316. A bill for the relief of Nandor
Frieder; to the Committee on Immigration
and Naturalization.
By Mr. O'HARA:
H. R. 6317. A bill to authorize the Secre-
tary of War to appoint Henry A. Veillette a
second lieutenant In the Army of the United
States; to the Committee on Military Affairs.
By Mr. PATRICK:
H. R. 6318. A bill for the rellef of the Ala-
bama Flake Graphite Co., a corporation; to
the Committee on Claims.
By Mr. PATTERSON:
H. R. 6319. A bill for the rellef of Flora
Palmer; to the Committee on Claims.
Claims.
H. R. 6321. A bill for the relief of Dr. Theo-
dore A. Gelssman; to the Committee on
Claims.
PETITIONS, ETC.
Under clause 1 of rule XXII, petitions
and papers were laid on the Clerk's desk
and referred as follows:
1859. By Mrs. DOUGLAS of Illinois: Peti-
tion signed by 1,285 operating and nonoper-
ating railroad employees, offering an amend-
ment to House bil11737 for a 3D-year pension
or 60 years of age at $150 a month, two-
thirds for the widow, providing sh.e is 55
years of age and does not remarry, the peti-
tion supporting the Cosgrove plan and pro-
testing pension amendments (S. 293 and
H. R. 1362); to the Committee on Interstate
and Foreign Commerce.
1860. By Mr. GAVIN: Petition of Mrs. L. E.
Chapman, Warren, Pa., and also other resi-
dents of Tidioute, Warren County, Pa., pro-
testing against enactment of Senate b1l1 1606
and House bill 4730; to the Committee on
Interstate and Foreign Commerce.
1861. By Mr. LUTHER A. JOHNSON: Peti-
tion of Dr. N. E. Hunt, Charles Huff, N. B.
Jordan, Joe B. McNeely, Rev. Harley Ritter,
James M. Corley, Emanuel M. Castellanos,
Leslie E. Wood, P. J. Waddell, Haven Tackett.
Sam P. Owen, Everett Bishop, L. A. Varnes,
James E. Bratcher, Ralph A. Jackson, Thomas
G. BeCkham. and Daniel Speegle, trom
Waxahachie, Tex., favoring House bills 5689
and 5746: to the Committee on World War
Veterans' Legislation. .
SENATE
SATURDAY, MAY 4, 1946
(Legislative day of Tuesday, March 5,
1946)
The Senate met at 12 o'clock meridian;
on the expiration of the recess.
The Chaplain, Rev. Frederick Brown
Harris, D: D., offered the following
prayer:
Eternal Spirit, closer to us than we are
to ourselves, in this quiet moment make
our hearts and minds sensitive to Thy
presence. We Who through another
week have urged on all our mental and
would now grow still and responsive be-
fore the highest we know. Refresh our
faith that the tensions of life may not
 UNITED STATES .OF AMERICA

(tongrcssional1Rccord
PROCEEDINGS AND DEBATES OF THE 79 th CONGRESS
SECOND SESSION

VOLUME 92-PART 5

MAY 23, 1946, TO JUNE 12, 1946

(PAGES 5451 TO 6770)
•

Property ot
-')\NCttOIAGl COWMUNlIlI»U.I<II
. c:>l/69~ .

NOT TO LEAVE LIBRARy

UNITED STATES GOVERNMENT PRINTING OFFICE. WASHINGTON, 1946
 1946 CONGRESSIONAL RECORD-HOUSE
that they can begin their education on
this subject by it careful scrutiny of the
rePort of that select committee, and the
bill which the House passed pursuant
thereto.
THE PRESENT CRISIS
Mr. KEEFE. Mr. Speaker, I ask
unanimous consent to address the House
for 1 minute.
The SPEAKER. Is there objection to
the request of the gentleman from Wis-
consin?
There was no objection.
Mr. KEEFE. Mr. Speaker, in these
times of great crises it is remarkable to
hear the speeches that have been made
here this morning. Certainly the
chickens have come home to roost right
on the doorstep of the administration
that has toyed with this problem 10 these
many years. Now we find that at long
last, the Committee on Labor is about
to conduct an investigation of what they
may possibly do to amend the National
Labor Relations Act.
It reminds me of the veteran who re-
cently applied for a passport to return
The Clerk read the resolution, as
follows:
Resolved, That upon the adoption of this
resolution it shall be in order to move that
the House resolve itself Into the Committee
of the Whole House on the State of the Union
for the consideration of the act (S. 7) to im-
prove the administration of justice by pre-
scribing fair administrative procedure. Tpat
after general debate, which shall be confined
to the act and continue not to exceed 2 hours.
to be equally divided and controlled by the
chairman and the ranking minority member
of the Committee on the JudiCiary, the act
shall be read for amendment under the
5-mlnute rule. At the conclusion of the con-
sideration of the act foc amendment, the
Committee shall rise and report the act to
the HOuse with such amendments as may
have been adopted and the previous question
shall be considered as ordered on the act and
amendments thereto to final passage without
intervening motion except one motion to
recommit. . vetoed bY President Roosevelt because it
TO IMPROVE ADMINISTRATIVE PROCEDURE
Mr. SABATH. Mr. Speaker, later on
I shall yield 30 minutes to the gentleman
from Michigan [Mr. MICHENERJ.
Mr. Speaker, House Resolution 615
5645
rules and regulations made by the
agencies under grants of power from
Congress, and to establish uniformity of
practice w that any citizen may have
his day in court with a minimum of delay
and expense.
Ever since I have been in the House,
and for many years before that, there
has been complaint from lawyers, from
businessmen, from industry, and from
plain citizens that they were lost in the
ma~ of administrative agencies and
regulations: There has been no argu-
ment as to the need for systematiza-
tion and clarification; the only differ-
ences have been as to the methods to be
followed, on how to achieve the desired
end with the greatest equity to the public
and the least disturbance to the complex
growth of administrative functions. An
earlier bill, tl1e Logan-Walter bill, was
was felt to be inadequate to the prob-
lems, and that it would have the "effect
of crippling administrative agencies and
the courts.
PUBLrCITY VALUABLE CONTRIBUTION

to Europe, and when asked why he
wanted to return after having served
3Y2 years in combat, he said, "I have
found from my experience over there
that chaos in Europe is better organized
than It is In America."
EXTENSION OF' REMARKS
Mr. HAYS asked and was given per-
mission to extend his remarks in the
RECORD.
Mrs. LUCE (at the request of Mr.
MARTIN of Massachusetts) was given per-
mission to extend her remarks in the
RECORD.
Mr. FORAND (at the request of Mr.
KOPPLEMANN) was given permission to
extend his remarks In the RECORD in
two instances and inclUde in one a
resolution.
NATIONAL CEMETERIES
Mr. E;ABATH.from the Committee on
Rules, reported the fonowing privileged
resolution (H. Res. 639, Rept. No. 21~9),
which was referred to the House Calen-
dar and ordered to be printed:'
Resolved, That upon the adoption of this
resolution It shall be in order to move that
the House resolve itself into the Committee
of the Whole House on the state of the Union
for the consideration of the act (s. lt24) to
provide for one, national cemetery in every
State and Territory. and such other national
cemeteries in the States. Territories. and
possessions as may be needed foc the burial of
war veterans. That after general debate,
Which shall be confined to the act and to con-
tinue not to exceed 1 hour to be equally
divided and controlled by the cbalrman and
the ranking minority member of the Commit-
tee on Military Affairs. the act shan be read
for amendment under tbe5-minute rule.
At the conclusion of the reading of the, act
for amendment. the Committee shall rise. and
report the same back to the HQUSe With lIl\ICh
amendments as 'may have been adopted and
the previous qvestion shall be Considered as
ordered on the act and amendments thereto
to. final passage without Intervening motton
except one motion to recomm~.
ADMINISTRAT1VE PROCEPURE ACT
Mr. SARATH. Mr. ~er, I call up
House Resolution 615 and ask for its im-
mediate consideration.
makes in order the consideration of There is general agreement that the
Senate 7 as amended by the Committee present bill has not only eliminated the
on the Judiciary. The bill aims to im- objections previously made but has
pro-ve the administration of justice by achieved a substantial contribution in its
prescribing fair administrative proce- • publicity requirements; and that it has
dure. The rule is an open rule, and pro- arrived at an equitable. and helpful dif-
vides for 2 hours of general debate. ferentiation of the legislative or rUle-
making powers and the quasi-iudicial
Mr. Speaker, I hope this is only the
beginning of legislation to improve the powers frequently lodged in the same
aqmtnistration of justice and that it will agency.
bring about real justice to all those who What the bill does, in SUbstance, may
are obliged to face our courts. be summarized under four beadings:
NOT THIS,KIND OF JUsrlCE
First. It provides that agencies must
issue as rules certain specified informa-
-Speaking about justice, I am reminded tion as to their organization and pro-
of a story. A certain corporation law- cedure, and also make available other
yer. having been caned to defend an materials of administrative law.
action way out West, after surveying the second. It states the essentials of the
situation engaged every lawyer in that several forms of administrative proceed-
cOWlty that he thought could be of serv- ingS and the general limitations on ad-
ice one way or the other. After the case ministrative powers.
was concluded the corporation lawYer Third. It. provides in more detail the
wired home, "Pleased to report case has requirements for administrative hear-
been concluded and justice prevailed." Ings and decisions in cases in which
. In about half an hour he received a wire. statutes require such hearings.
"In view of that reSUlt, give notice of Fourth. It sets forth a simplified state-
appeal for So new trial." I hope that is ment of jUdicial review designed to af-
not the kind of justice we are going to ford a remedy for every legal wrong.
have 1\1 some of these courts as a result COMMENDATION FOR INVlESTJGATIVl& SEC'rlONS
of the passage of this bill.
This bill. Mr. Speaker, is the fruit of I shoUld like to bespeak special com-
mendation for the discussion of section
1& years of careful inquiry and con-
6 (B), dealing with administrative in-
Sideration by the Committees on the
JUdiciarY in both Houses of Congress, by vestigation.: found on page 23 of the re-
port of the House Committee on the
the President's Committee on Adminis- JUdiciary. Investigations. the-committee
trative Management, by the Attorney says, must not be "fishing expeditions,"
General's committee on Administrative and may not disturb or disrupt personal
Procedure. and bY many pUblic, quasi- privacy, or unreasonablY interfere with
public, and private groups, committees, private occupation or enterprise. They
and organizations representing the bar, should be so conducted as to interfere in
business, and industry. EXhaustive the least degree compatible with ade-
hearings have been held, scores of wit-
quate law enforcement,
nesses heard, dooens of conferences and I am told that this is onlY the be-
consulta.tions had. seldom, indeed, has ginning in trying to adjust many dif-
any legislation reached the floor with so
, ierent viewpoints held by various judges
much careful thought behind it. High in the different districts. I am hopeful
recognition is due the members and the that the Committee on the Judiciary
chairmen of the respective committees, within a short time will bring· in a much
andin particular to the gentleman from broader bill that will guarantee realjus-
pennsYlvania [Mr. WALTER}. •
tiCe to- all the people. and assure that
PIlJ:5ENT BILL MEE'1'S OBJ"ECTIONS· justice wl1l be done in all proceedings,
\ The. object' of the bill is, as I have that whether a man be poor or ricl1,
stated., to improve the administration of equal justice will be meted out.
 5646 CONGRESSIONAL RECORD-···.HOU§E
I do not wish to detain the House
further, as this isa bill I know.the Mem-
bers are desirous of considering. I do
not believe there will be much opposition
to the rUle or to the bill.
I now yield 30 minutes to the gentle-
man .from Michigan [Mr. MICHENER].
Mr. MICHENER. Mr. Speaker. thWis
an important bill. In my experience in
Congress, no legislation has had more
careful and more painstaking consider-
ation on the part of the legislative branch
of the Government, the agencies of the
Government; the committees of Con-
gress, the American Blj,r Association,
.business and other groups primarily af-
fected. For more than 10 years, com-
mittees have been working. During all
that time efforts have been made· to
reach a common ground where we could
all agree and enact needed legislation.
The measure we are about to consider, in
my opinion, will not receive a. negative
vote in the Congress today. That is
something--='that is an accomplishment.
It is the fruition of careful study, tol-
erance, nonpartisanship, and genuine
cooperation. The only aim and purpose
of this bill is to see that the· rank and
file of 'American people receive the jus-
tice which our system of jurisprudence
attempts to guarantee to them. I am
not going to go into the technicalities
of the bill. It will be explained by mem-
bers of the subcommittee of the JUdici-
ary Committee, who have lived with this
matter for 10 long years. I am sure they
will be able to answer all questions. For
my part, I doubt if many questions will
be asked. When the first proposal was
suggested to the Congress, I was opposed
to it. One school of thought was en-
tirely of one mind. Another school of
thought was entirely of another mind.
P.ossiblyeach school went too far in ad-
vocating just what it thought should be
done. But after calm study, delibera-
tion, and consideration, as well as tol-
erance, we are here today with some-
thing that the Committee on the Ju-
diciary stands behind unanimously. It
is not perfect. It is a pioneer effort.
It can be amplified as circumstances
warrant.
Mr. JOHNSON of California. Mr.
Speaker, will the gentleman yield?
Mr, MICHENER. I yield.
Mr. JOHNSON of California. In the
state of California, the courts and the
bar have spent about 6 years studying
this same problem. They finally passed
a bill almost identical to the bill you are
offering here today. It has received uni-
versal approbation both of the bench and
bar as well as litigants.
Mr. MICHENER. I am sure after this
bill becomes law, which I feel sure it
will, the same condition will exist in the
Federal Government.
Mr. PITTENGER. Mr. Speaker, will
the gentleman yield for a comment since
my distinguished colleague does not want
to delay matters?
Mr. MICHENER. I yield to the gen-
tleman,
Mr. PITTENGER. As I understand it,
this is a successor to the old original Wai-
ter-Logan bill. Our distingUished col-
league from Pennsylvania [Mr. WALTER]
and the Ide Senater Logan rendered
a great public service when they inti'o-
duced t)latlegislation. It. sllol,lld l)ave
been passed years and years ago be..
cause it is in harmonY with Amer!c;an
ideas and American traditions of the
right to go into court when you feel you
have been wronged. I hope we pass it,
and pass it soon.
Mr. MICHENER. The Walter-Logan
bill passed the Congress, but was vetoed
by the President because, he said, the
subject needed zp.ore study. That study
has been made, This type of bill cannot
be written on the fioor. It is too tech.,
nicaI. Neither can it be adequately ex-
plained in a short speech in this debate.
Mr. SCRIVNER. Mr. Speaker, will
the gentleman yield?
Mr. MICHENER. I yield.
Mr. SCRIVNER. I wish to take this
opportunity to commend the committee
and the subcommittee, not only on the
measure itself, but on the full and com-
plete and explanatory report which they
have prepared. This measure is a step
in the right direction toward regulating
the regUlators. I trust the bill will re-
ceive a unanimous vote.
Mr. MICHENER. Mr. Speaker, refer-
ence has been made to the committee re-
port. This report contains 56 pages, and
it is complete. If it were not so long, I
should include it in the RECORD, but· I
want the RECORD to show reference to
the report, so that anybody in the future
who wants to know what this bill means
and why it is here will know where to go
to get concise information. It is House
Report No. 1980, Seventy-ninth Congress,
second session.
Mr. Speaker, Dean E. Blythe Stason, of
the law school of the University of Michi-
gan, served on the Attorney General's
committee studying administrative pro-
cedure. He has also served on bar asso-
ciation committees making like investi-
gation. Indeed, he is an expert on ad-
ministrative procedure legislation and I
have a great respect for his judgment in
these matters. After reading this bill,
Dean Stason wrote to me approving the
bill in its present form. He said:
This measure has now been given very
careful attention, not only by the Senate
committee, but also by the appropriate com-
mittees of the American Bar Association,
where It has been debated, revised, and reo.
reVised, throughout the last half dozen years.
X have studied the act very carefully indeed
and in fact have participated In certain of
the earlier drafts. X am convinced that the
measure Is now In first-class condition and
is as good a mea,sure as can be expected at
this time In so highly controversial a field
as that of administrative law, X hope tha,t
the bill becomes a, la,w at an early date.
I understand that the other members
of the former Attorney General's com-
mittee agree with Dean Stason.
Mr. Speaker, I have no requests for
time on this side.
Mr. SABATH. Mr. Speaker, I yield 5
minutes to the gentleman from Virginia
[Mr. SMITH].
Mr. SMITH of Virginia. Mr. Speaker,
I am delighted to see this bill come to the
floor in the form in which it is probably
going to receive the approval of both the
House and the Senate. This is a subject
that should have been dealt with many
years ago. It is more important now than
ever before. It is becoming more impor-
tant every day. ~here has grown up a.
MAY 24
g:re~t .!!ystem of administrative procedure
tlll;tt)las ~r()Wn up without any regUlation
byClmgress to the point where the aver-
ageCiti2len who has a matter before any
bureau in Washington must go through
a maze of rules and regulations unknown
to him and often unknown to the agency
which dealS with them.
I have' given this subject much con-
sideration.. In fact, I introduced a bill
which went farther than the present bill.
I had hoped that certain features of it
would go farther. I had hoped that we
would have a more complete separation
of the judicial and executive functions in
this bill. I do think that the committee
has gone a long way, and perhaps they
are wise in not going any farther than
theY have gone.
I want to call the attention of the
House particularly to the report on this
bill, as has the distinguished· gentleman
from Michigan [Mr. MICHENER]. It is
one of the finest reports I ever read. It
is clear, full, and complete. There are
many details in setting up a code of ad-
ministrative procedure. It is a great
undertaking. I look upon this bill as
merely the beginning of setting forth a
code that will regulate and coordinate
the procedure in all of these procedures
before executive agencies.
This bill has this added advantage:
Although one bill was vetoed by the Pres-
ident, although there has been much
controversy over this whole subject, we
have at last reached the point where the
Committee onthe JUdiciary in the House
of :Representatives has agreed upon a bill,
and I understand they have consulted
with the JudiCiary Committee of the Sen-
ate, and this bill has been submitted to
them in its amended form and it is agree-
able to the Senate. On the last page of
the report you will find a complete en-
dorsement by the Attorney General. So
the Senate Judiciary Committee, the
House Judiciary Committee, and the At-
torney General all being in accord, I
merely took the floor to express the hope
that, notWithstanding some of us may
have wanted some addition of details to
this bill, we will all agree on this bill as
it is written, and we will not place any
amendments on the bill which may
jeopardize its ultimate passage at this
session of the Congress. It is a most im-
portant thing to do. J;..do hope the House
will pass this bm as it is, so that we may
finally make a fine start, as we are in this
bill, upon legislation that has been so
long needed and so long neglected.
The SPEAKER. The time of the gen-
tleman from Virginia has expired.
Mr. SABATH. Mr. Speaker, I yield 5
minutes to the gentleman from Mis-
souri [Mr. SLAUGHTER].
Mr. SLAUGHTER. Mr. Speaker, I
ask unanimous consent to speak out of
ol'der and to revise and extend my
remarks.
The SPEAKER. Is there objection to
the request of the gentleman from
Missouri?
There was no objection.
Mr. SLAUGHTER. Mr. Speaker,· I
cannot go along with the violent attacks
that have been made upon the adminis-
tration this morning. In the first place,
I think many of them are unjust. Sec-
ond. and more important, the vitupera-
1946 CONGRESSIONAL RECORD-HOUSE
tive name-calling is not going to pull this
country out of the industrial paralysis
which grips it today. Whatever mis-
takes the administration may have made
are water over the dam. The fact re-
mains that actIon is needed and needed
noW', and I know of no place from which
it can come but from the Congress of
the United States.
Can something be done? I think it
can. I have just introduced a bill whi<Jh,
in .my judgment, will ·end the railroad
strike within a matter of hours, if and
when it becomes law. I can say this, for
I have no pride of authorship. It largely
follows the amendment presented by
Senator SCOTT LUCAS, of Dlinois, in the
bill which is now pending in the Senate.
This bill reaffirms and restates a dec-
laration of policy so self-evident that
there can be no dispute as to its wording.
It detines and states as Ii national policy
that strikes in those industries which
affect the health and safety of (Jur peo-
ple cannot be tolerated. It provides and
reaftirms the power which the President
already has to seize such industries-and
this the President has already done. It
seeks to curb and prohibit a strike
against the Government of the, United.
states, for the present railroad strike is
not a strike against the carriers. It is
a challenge to the authority of the Presi-
dent of the United States. It is a flout-
ing of the Congress. It is a cruel and
ilTesponsible. gesture Of contempt to the
American people.
Briefly. this bill provides that once the
President, acting as the Chief Executive
of the Nation, has found that a work
stoppage seriously aJIeeting the health
and safety of the people is imminent and
has seized an industry, persons who con-
tinue to strike against the Gnvernment
of the United States shall lose their
status as "employees" within the mean-
ing of the Labor Relations Act. This
means that an employee striking against
his Government loses his seniority,
Of all the railroad brotherhoods. the
Organiza.tion of Railroad Engineers has
been one of the best. Engineers are
usually oldest in point of service on a
railroad. They are responsible, sober,
loyal, and patriotic citizens. They have
worked up to the position of engineers,
and they are well paid 8.nd. sholild be.
Under the award of the President's fact-
finding board, which has already been
accepted by the carriers il.nd by all but
two of the brotherhoods, the average pay
of a railroad engtneer will be $5,700. It is
more than the Governor of maiJ..y states
receive. It is more than the judges in
many parts of the country receive. It is
greater compensation than is paid to the
mayors of many large cities. I submit
that it is a figure that meets with the ap-
proval of most of the men affected. If
not, further negotiations can be had,. but
they must be had while rail tramc con-
tinues to move.
The bill does not in any way prohibit a
strike against a private employer. It
simply outlaws and prohibits a strike
against the sovereign power of the United
States Which must be superior to· the
right and power of any other individual
or group if we are to survive. as a great
natiQn. The bill interferes in DO wa:y
with subsequent collective bargaining
5647
negotiations between employer and em- r. THE MlOBLI!"M
ployee during the period of Government Mr. WALTER. Mr. Chairman, for a
seizure. It would merely provide, in the generation Americans have been brought
instant case, the trains engaged in in- face to face with new forms or methods
terstate commerce would continue to roll. of government, which we have come to
Never in the history of the country call administrative law. It is adminis-
have we faced an industrial crtsis such as trative because it involves the exercise of
confronts us today. Trains cannot run legislative and judicial powers of govern-
without engineers, and when those Vital ment by officers who are neither legis-
employees walk out, commerce ceases to lators nor judges. It is law because what
move. Here in the Nation's Capital I they do is binding upon the citizen ex-
am informed that only two trains out of actly as statutes or judgments are bind~
many hundreds normally operated, win ing.
move from Washington to New York to- The people of the country have been
day. By Monday suifering and want will of difiel'ent minds about this new phe-
stalk this land, and if the strike contin- nomenon. Thirty years ago they were
ues many days, sickness and epidemics arguing about ·its validity under the con-
are inevitable. The House leadership stitutional system of the United States.
has wisely and prudently decreed that Twenty-five years agO the argument hl\-d
the House will be in session tomorrow. shifted to questions of how far the courts
We can be in session until midnight if should be authorized to control adminis-
necessary. We can act either on the bill trative operations. Within the last II}
justjntroduced or on the Senate version, years the emphasis has swung to prob-
jf that bodY should pass legislation today. lems of administrative organization and
No longer can we wait for deliberative administrative procedure.
action. Passage of the bill just intro- The plain fact is that administrative
dUced will, in my opinion, terminate the government, or administrative justice. as
present stIike of engineers, and knowing it is sometimes called, has been with us
engineers as I do, I say they will welcome a long time and is obViously here to stay.
this legislation. They are not striking in the last 15 years it has grown by leaps
against their Government through and bounds. Thirty years ago a. distin-
choice but because they are ordered to do
so. They can and must return, and the guished statesman:, Elihu Root, put the
passage of this legislation, which could problem in words which have not since
receive the President's signature before been improved upon. He then said:
the week end is out, will avert a national There is one special field of law develop-
disaster of inconceivable magnitude. ment whillb b88 manifestly become inevi-
table. We are entering upon the creation oC
Mr. SABATJL Mr. Speaker, I yield 3 a. body 01 administrative law quite different
minutes to the gentleman from North in its madlinery, ita remedies, and Its neees-
Carolina [Mr. Eavml. sary safeguarcls from the old methodll of
Mr. ERVIN. Mr. Speaker, I ask unan- regulation by specific statutes enforced by
imous consent to proceed out of order, the courts. As a community passes from
and to revise and extend my remarkS'. simple to complex conditions the only way
in which government can deal with the in-
The SPEAKER. Is there objection to creased burdena thrqwn upon it is by the
the request of the gentleman from North delegation of power to be exercised. In detail
Carolina? by subordinate agents. subject to the control
There was no objection. of general cUrectiona prescribed. by superior
a.uthority. The necessities of our situation.
Mr:. ERVIN. Mr. Speaker, our eco- have already led to an extensive employment
nomic house is on fire. The Committee of that method. The Interstate Commerce
on L&bor has appointed a subcommittee CommIssiOn, the state public 'service com-
to investigate the causes of the fire. It missions, the powers of the Pederal Reserve
seems to me it would be wiser to take Board, the health departments of the States,
some steps to pour a little water on the .and many other superviSory offices and agen-
etes are familiar nlustrations. Before these
fire and try to extinguish it, rather than
to investigate the causes of the fire while agencies. the old doctrine pl'ohibiting the
delegation of legislative power bas Virtually
the house bums down. retired from the field and given up the fight.
Mr, SABATH.. Mr. Speaker, I move There will be no withdrawal from these ex-
the previous question on the resolution. periments. We shall go on and we shall ex-
The previous question was ordered. pand them, whether we approve theoreti-
The resolution was agreed to. cally or not, because such agencies furnish
Mr. SUMNERS of Texas. Mr. protection to rights and obstacles to wrong
Speaker, I. move that the House resolve doing which under our new social and In-
dustrial cotiditions ClInnot be practically ac-
itself into the Committee of the Whole complished by the old simple procedure of
House on the State of the Union lor the legislatures and courts lIS in the last genera-
considera.tion of the bill (S. 7) to im- tion. Yet the powers that are committed to
prove the adminiStration of justice by these regulating a,gencies, and which they
prescribing fair adIqinistrative proce- must have to do thefr work, carry with them
dure. great and dangerous opportunities oJ oppres-
sion and wrong. If we are to continue a
The motion was agreed to. government of llmited powers: these agencies
. Accordingly the House resolved itself of regulation mUllt tbemselves be regulated.
into the Committee of the Whole House The limits of their power over the citizen
on the State of the Union for the con- must be fixed and determined. The rights
sideration of the bill S. '1, with Mr. Of the ettizenagaInst them must be made
8idrm of Virginia in the chair. plain. A system of administrative law must
be developed, and that With us is stm In Its
The Clerk read the title of the bill lnfaDcy, crude and imperfect;
By UJl!a.nimowiconsent, the flrst read~
in:g of the bill was dispensed with. Similarly, 20 years ago, Charles Evans
Mr. SUMNERS of Texas. 'Mr. Chair- . Hughes had· this t(l say:
man. I field 15 minutes to the gentleman Legislatolll have little time to foIlO'W the
from. Pennsylvania. [:Mr. WAL:J:ER1. trails of expert inquiry and so we turn the
5648 CONGRESSIONAL RECORD-HOUSE
whole business over to a few.with broad au~
tl;lOrity to make the actual rules which con-
trol our conduct. The eXigency is inescap-
able but the guardians of liberty will ever
be watchful lest they are rushed trom legis-
lative incapacity Into o1ll.clal caprice. If we
escape bureaucracy it will not be because of
dissertations on delegations of legislative
authority. We are a practical people and
necessary delegations w1ll not fail to fb;ld
reasons to support them. It wlll be only
because we never lose sight of the ultimate
purpose of goverp.ment, because we would
rather take some risks than give too much
leeway to 01ll.cialism, because we refuse to
establish or maintain power for Its own sake,
and becauSe we have the assertiveness of the
unbroken will of freemen who wlll insist
that' every pUblic o1ll.cer must constantly feel
that he is a servant and not a master, the
servant of all Intelligent community which
is content with thorough investigation and
impartial findings and scientific applications,
but is not servile and is able and quick to
detect favoritism or arbitrariness. It will
be for the reason that we are not willing to
exchange our birthright for a mess of admin-
istrative pottage, no better for bemg prepared
by democratic cooks.
These are statements of great men,
learned in the art of government and
in the technique of the law. Their
measured language, however, is merely
the echo of history and common sense
of English-speaking peoples. On the
eve of the American Revolution the
great Pitt warned that "unlimited power
corrupts the possessor." Our Declara-
tion· of~Independence, which foHowed a
fl;!w'years later, charged that the British
King had "sent hither swarms of offlcers
to harass our people," sponsored "arbi~
trary government," sought to introduce
"absolute rule into these Colonies," and
proposed to alter "fundamentally the
forms of our governments." Those
were the words of Thomas Jefferson,
used to describe the administrative
tyranny of the time.
Other people in other walks of life
have recognized and expressed the same
ideas here and abroad. In 1901 the
great historian who was also Bishop of
London uttered these historic words:
Power tends to corrupt, and absolute power
corrupts absolutely.
Even the poets have had their say, as
in these words from the pen of Shelley:
Power, like a desolating pestilence,
Pollutes whate'er it touches.
Today, in the backwash of the great-
est war of history, we need not be re-
minded of the abuses which inevitably
follow unlimited power.
n. LEGISLATIVE HISTORY
The situation has not been ignored by
the Congress of the United States. For
10 years it has been considering legisla-
tion. The difflculty has been the com-
plexity of the· subject, the disturbances
of the times, and world-shaking events
in the international sphere. In consid-
ering the legislative proposals presented
since 1933, the Congress has held many
hearings and its committees have issued
many reports on the subject.
The executive branch also has been
concerned. The ll:l.te President Franklin
D. Roosevelt initiated or approved two
major investigations on the SUbject, both
of which resulted in legisla.tive recom-
mendations of far-reaching consequence.
Our great Attorney General, the Honor-
able Tom Clark, has participated in the
!frafting of the present bill, and he has
repeatedly endorsed it.
The history of these activities is set
forth at length at pages 7 to 16 of the
report of the Committee on the Judieiary
respecting the present bill. While vari-
ous proposals have been made over the
years..the continuous line ot: development
leading to the present bill is there for all
to read. In 1937, when transmitting to
the Congress the report· of his Commit-
tee on Administration Management,
President Roosevelt stated that the prac-
tice of creating administrative agencies,
which perform administrative work in
addition to judicial work, threatens to
develop a "fourth branch" of the Govern-
ment, for which there is no sanction in
the Constitution. In 1938 the Senate
and House Committees on the JudiciarY
investigated very thoroughly the proposal
for the creation of an administrative
court. In 1939 and. 1940, Congress
passed an administrative-procedure bill
which President Roosevelt vetoed be-
cause, as he-stated in his message to this
body, he desired to await the report of
the Attorney General's Committee on
Administrative Procedure, which had
then been at wor'- for over a year pur-
suant to instructions to make a thorough
study and comprehensive recommenda-
tions.
In 1941 the Attorney General's Com-
mittee, after some 2 years of labor and
issuance of numerous printed studies of
the operations of important agencies of
the Federal Government, issued its final
report. Legislative hearings were held
in April, May, June, and July of the same
year on the legislative proposals growing
out of the work of that committee.
War intervened. It was-not until 1944
that the Judiciary Committees of both
Houses could again become active re-
specting this problem.
So much had been done in the prior
years that it was perfectly obvious that
the problem remaining was one of drafts-
manship. In reaching the final form of
the bill the executive branch and private
interests of every kind were called into
consultation over a period of a year or
more as is set forth at pages 14 to 16 of
the report of the Committee respecting
the present bill.
With the details of this very extended
legislative history I shall do no.more than
refer the Members of the House to the
Committee report. It is a comprehensive
document. It sets forth all the offlcial
history of this bill and its predecessors.
III. THE GENERAL STRUCTURE OF THE BILL
Many people who apllroach the subject
cif general administrative law legislation
either conceive the.problem as one which
is very simple, or as one which is so com-
plex as to be impossible. Neither im-
pression is correct.
Granted that Federal powers are go-
ing to be exercised and that they are
going to be exercised through administra-
tive agencies, there is no simple panacea.
To expand court review would not, for
example, remedy the administrative sit-
uation at its source. To adopt some
drastic system of independent hearing
officers would not take care of the vast
area of governmental activity where
there are no hearings. To require
hearings in all cases would add unneces-
sary burdens in the business of govern-
mentandwoul!f at the same time deprive
the citizen of the need for speed where
quick action is !fesirable.
Nor on the other hand is administra-
tive operation so complex in its funda-
mentals that it cannot be grasped by an
intelligent mind and regulated by simple
statute. It is true that the number of
administrative agencies is great. The
number of subjects with which they d'eal
is even greater. The number of admin-
istrative powers almost passes beyond
conception. But what administrative
offlcers or agencies do falls into a few
simple categories.
We are not here concerned so much
with mere custodial or managerical tasks
of administration. But we are con-
cerned with administrative powers which
are compulsory in their nature. We are
mainly concerned with administrative
processes, in other words, which are reg-
ulatory in their effec.t. Compulsory or
regUlatory administrative operations
fall into three main groups:
First, there are the legislative func-
tions of, administrative agencies, where
they issue general or partiCUlar regula-
tions which in form or effect are like the
statutes of the Congress. Among these
are such regulations as those which state
minimum wage requirements or agricul-
tural marketing rules. Congress-if it
had the time, the staff, and the organi-
zation-might itself prescribe these
things. Because Congress does not do
so itself and yet desires that these things
be done, the legislative power to do them
has 'been conferred upon administra-
tive officers or agencies.
The second kind of administrative op-
eration is found in those familiar situa-
tions in which an officer or agency de-
termines the particular case just as, in
other fields of law, the courts determine
cases. Examples of this type of adminis-
trative operation are the injunctive or-
ders issued by the Federal Trade Com-
mission. Other agencies are authorized
to award damages, which are usually
called reparations in the administra-
tive field. What the agencies do in these
cases is to determine, just as a court
might determine, the liability of a party
or the redress to which a party is entitled
in a specific case on a specific state of
facts and under stated law.
The third type of administrative com-
pulsory power may be incidental to either
legislative or judicial powers of adminis-
~rative agencies, or it may be entirely in-
dependent of either. I refer to the com-
pulsory action of administrative agencies
when they issue subpenas, require rec-
ords or reports, or undertake mandatory
inspections. These functions are inves-
tigative in nature. The investigation
may be made in connection with their
legislative or jUdicial functions, or it
may be made for the purpose of submit-
ting a report to Congress or to refer pros-
ecutions to a grand jury. Whatever the
purpose, the administrative arm is given
power to require information to be SUb-
mitted to it.
The present bill carefully distinguishes
between these three basic' types of ad-
ministrative regulatory powers. Indeed
 1946 CONGRESSIONAL RECORD-HOUSE 5649
it goes further, and within these types the changes made in the text of the bilI, lninistrative agencies. Here I might say
of powers or· 'operations it frequently but footnotes explain the reason for each there is great confusion in the terms used
makes differentiations and exceptions. change. I think I may say with confi- in the field of administrative law. The
For example, in connection with the leg- dence that these changes have been ac- word "regulations" is sometimes im-
islative or rule-making function, the bill ceptable to all who have labored in the properly used to embrace the decisions.
differentiates several kinds of rules such drafting of this measure. The biU as it of particular cases. Also, regulations
as rules of procedure as distinguished passed the Senate was a good bill, but the are often called something other than
from rules of substance. Also, in con- subject is one of such great importance rUles or regulations. Thus we find that
nection with the judicial function of ad- and of such far-reaching effect that the regulations specifying prices or rates are
ministrative agencies; the bill differen- committee has felt it wise to make nu- more often than not called orders.
tiates between adjudications made ~n merous cl1anges for purposes of clarifi- Similarly, Treasury regulations are cus-
connection with foreign or military af- cation and in order to leave no doubt as tomarilY called decisions. To the per-
fairs as distinguished from those in the to what is intended by the legislation. son who is not expert in the field of
domestic or civil field. IV. DETAILED PROVISIONS adntinistrative law, the confusion of
But this bill does more than merely terminology is baffling. From time to
analyze the administrative process and In taking up the specific provfsions of time new terms are invented, such as'
lay down the forms of procedure for the bill as reported to the House, I will the word "directive,"
each. It really deals with three sepa- not attempt to restate all of the detail In this bill the accepted analytical
rate SUbjects: First, public information; which appears in the committee report terminology has been adopted. Accord-
second, administrative operation; and at pages 18 to 48. I shall try, however, ingly we speak of rule or rule making
third, jUdicial review. to emphasize those things which are of whenever agencies are exercising legis-
The first operative section of the bill is paramount importance and at the same lative powers. We speak of orders imd
basic and requires agencies to issue cer- time state how the prOVisions of the bill adjUdications when they are doing things
tain information which is essential to as a whole are intended to operate. which courts otherwi::e do.
inform the public about the substance DEFINITIONS, SECTION 2 The definition of "rule" and "rule mak-
and the procedure of administrative law. In a bill of this kind the definition sec- ing" in section 2 (c) is of paramount im-
It requires that agencies state their or-- tion is of great importance. The defini- portance. Upon that definition depends
ganizational set-ups, promulgate state- tions in section 2 simplify the remaining the application or nonaI:plication of later
ments respecting their procedures, and provisions of the bill. They also make sections of the bill. The rUle making re-.
make available as regulations the sub- . more precise the kinds of operations qUirements are simpler than the adjU-
stantive and interpretative rules which which are inclUded in the terms used in dication reqUirements of toe bill.
they have framed for the guidance of the bill. "RUle" is defined as any agency state-
the public. AGENCY, SECTION 2 (A) ment of general or partiCUlar applica-
Sections 4, 5, 6, 8, 9, and 11 deal with bility and future effect designed to state
administrative operations. Section 4 The definition of agency in section 2 the law, policy, organization, procedures.
relates to the legislative functions of ad- (a) of the bill is perfectly simple and or practice requirements of any ad-
ministrative agencies and provides. that consists of two elements: First, there are ministrative agency. The definition fol-
where Congress has not required hear- excluded legislative, judicial, and terri- lows that of the Federal Register Act.
ings, with some exceptions, the agency torial authorities. Secondly, there is in- with some additional language for pur-
shall give notice of the making of pro- cluded any other authority regardless of poses of clarification and certainty. In
posed regulations and afford interested its form or organization. In short, who- rule making an agency is not telling
parties an opportunity for the informal ever has the authority to act with respect someone what his rights or liabilities are
submission and consideration of their to the matters later defined is an agency. for past conduct or present status under
views or requests. Section 5 deals with However, except for the public infor- existing law. Instead, in rule making
administrative adjUdications of particu- mation reqUirements of section 3, there the agency is prescribing what the fu-
lar cases where Congress has required . are expressly exempt from the term ture law shall be so far as it is author-
adjudications to be made upon a hear- "agency" all those composed of repre- ized so to act. Advisory interpretative
ing. Sections 7, 8, anti 11 spell out the sentatives of parties to the disputes de- rulings in particular cases, however, are
details of hearing and - decision proce- cided by them. The reason for this ex- not "rules" within this definition.
dures in all cases in which, by other leg;. ception is that agencies of that kind, such ORDER AND ADJUDICATION. SECTION 2 (D)
islation, Congress has required an agency as the National Railroad Retirement
hearing. Section 9 states certain limi- Board and Railroad Adjustment Board, "Order" and "adjudication" as defined
tations upon the penalties or relief which area special class. On the other hand, in section 2· <d) cover the judicial func-
agencies may impose or confer in any the National Mediation Board, another tion of administrative agencies. They.
case. Section 6 dealS with the investi- .agency established under the Railway embrace all of the decisions that agen-
gative powers and other incidental mat- Labor Act, and not an agency composed cies make in matters other than rule
ters of importance. making. Two items in the definition
of representatives .of the parties or of should be noted. First, "licensing" is
. In the all-important field of judicial representatives of organizations of the
review section 10 is a complete statement parties to disputes determined by them, expressly included. Secondly, injunc-
of the subject. It prescribes briefiy is an agency within this definition. tive orders-such as those issued by the
when there may be judicial review and Federal Trade Commission-are also ex-
For obvious reasons there are also pressly inclUded,
how far the courts may go in examining excepted defined war authorities func-
into a given case. LICENSE AND LICENSING, SECTION 2 (E)
I shall discuss all these matters in tioning under temporary or named stat- The definition of "license" in section 2
greater detail next in taking up the bill utes.Purely military and naval func- (e) is included in order to embrace every
section by section, subsection by sub. tions should obviously be exempt. It form of operation where a private party
section. simPlY was not wise to attempt to adapt is required to take the initiative in se-
Before doing so, however, I should like the bill to the functioning of civilian curing the official permission of a gov-
to refer the Members of the House to the defense authorities because of their tem- ernmental agency.
diagrammed synopsis of the bill whiCh porary nature and. because the Congress SANCTION AND. RELIEF•. SECTION 2 (F)
will be found at pages 28 and 29 of the has separately legislated respecting them. The definition of "sanction" or "relief"
committee report. There, as nearly PERSON AND PARTY, SECTION 2 (B)
in section 2 (f) is included mainly for
as possible within the limitations of the I think nothing need be said about the the purpose of simplifying the language
printed page, is presented a diagram definition of "person" and "party" in of sections 9 and 10. As they show on
sketch of the provisions and operation of section 2 (b), since it Is obvious on its their face, those terms are meant to be
the bill. I should also like to refer th~ face,· all embracing.
House to Appendix A of the comntittee
report, at pages 49 to 56, Which tncii- RULE AND RULE MAKING, SECTION 2 (C) AGENCY PROCEEDINGs AND AGENCY ACTION,
SECTION 2 (G)
.cates the changes made by the cpnu:n,it- The defi~i~on of "rule" and "rule mak-
tee amendment in the bill as ~t passed ing" in section 2 (c) is very important. The final definition of "agency pro-
the Senate. There is shown no.t only It defines the legislative function of ad~ ceeding" and "agency action" in section
 5650
2 (g) is included in order to simplify the
language of later provisions of the bill.
The important definitions In section 2
are the definitions of "agency,'" "rule,"
and "order." Those are basic. The
other definitionS are included either for
purposes of clarification or to simplify
the remaining sections of the bill.
PUBLIC INFORMATION, SECTION 3
As heretofore indicated, the public in~
formation requirements of section 3 are
among the most important and useful
provisions of the bill. Excepted are mat-
ters requiring secrecy in the public in-
terest-sueD as certain operations of the
Secret Service or FBI-and matters re-
'lating solely to the internal management
of an agency.
CONGRESSIONAL RECORD-HOUSE,
phatic alld unanimous on this subject.
It stated the situation thus:
Few Federal agences .issue comprehensive
or usable statements of their own internal
organization-their principal ofllces, ofllcers,
and agents, their divisions and SUbdivisions;
or their duties, functions, authority, and
places of business. • • • Yet without
such information, simply compiled and
readily at hand, the individual is met at the
threshold by the troublesome problem of
discovering whom to see or where to go.
The Attorney General's Committee on
Administrative ProceQure unanimously
agreed that "laymen and lawyers alike
are baffled by a lack of published Infor-
mation to which they can turn when con-
fronted with an administrative prob-
lem"-Final Report, page 25. The chair-
MAY 24
the notice of rule making. In the. first
plac~. where notice is required, it should
be cOIDplete and specific as the subsec-
tion indicates on its face. In the second
place. except where notice and hearing
are required by some oth~r statute, the
agenby by this provision is authorized to
dispense with notice where it finds for
good cause that notice and public proce-
dure thereon are impracticable, unneces-
sary, or contrary to the public interest.
This latter Is not an escape clause but one
which, as the committee report explains,
may be made operative only where facts
and interests are sUch that notice and
proceedings are impossible or manifestly
unnecessary.
PROCEDURES, SECTION 4 CB)

RULES REQUIRED TO BE Pl.'BLISHED, SECTION 3 (A)
Apart from those exceptions, agencies
are required by section 3 (a) to pUblish,
first, their organization and delegations
of final authority, second, a statement of
,their methods and rules of procedure
regarding each of their functions; and,
third, the substantive rules they are
authorized to make and their interpreta,-
tive rules or policies issued for the guid-
ance of the public. Publication is not
required as to rules addressed to and
served upon named parties In accordance
with law.
These requirements are enforced by
the provision that no'person shall in any
manner be required to resort to organiza-
tion or procedure not so published. This
means, among other things, that the
accepted rule respecting the exhaustion
of administrative remedies would not
apply where the agency has not published
the required information respecting
organization or procedures. However,
the requirement that agencies must sepa-
rately state these several kinds of rules
does not mean that agencies would be
required to revise and republish all their
existing rules, but would simply have to
issue organizational and procedural rules
for future cases, and in the future Such
substantive rules as they may issue must
be free of the freequent hodgepodge of
organizational and procedural matter.
The effect of this subsection will be to
require all agencies to issue at least two
rules, or sets of rules-one respecting
their organization and the other respect-
ing their procedures. In addition, where
they are authorized to issue substantive
rules-such as price regulations-or
where they issue statements of policy-
as in the Communications Commission-
or interpretative rules-as in the Bureau
of Internal Revenue-they would issue a
third body of materials. The effect will
be that parties will understand the coun-
try-wide organization of administrative
agencies and their methods of procedure,
as well as have access to the regulations
and general interpretations in matters of
substance which the' agency has framed
for the guidance of the public.
In this connection I would like to call
the attention of the House to the fact
that the Attorney General's Committee
on Administrative Procedure, which was
appointed at the direction of the Presi-
dent of the United States and which
functiom;d from '1939 to 1941, was em-
man of that Committee further explained The second subsection of section 4 is
this situation tOll. subcommittee of the designed to provide that, where other
Senate as follows:, statutes do not require an agency hear-
The agency is one great obscure organiza_ ing, the legislative functions inadminis-
tion with which the citizen has to deal. It trative agencies shall, so far as pOSSible,
is absolutely amorphous • • • No one be exercised only upon some form of
seems to h'ave specific authority • • • public participation after notice. That
That is what is baffling. (Hearings, Senate is, an agency may permit parties to SUb-
JUdiciary Subcommittee, on S. 674, 675, and mit written statements, confer with in-
918, pt. II, 77th Cong., 1st sess., p. 807.)
dustry advisory cOlUmittees, hold open
But the present situation is even more meetings, and the like. Whatever meth-
serious; than whe nthose statements were od is adopted, the agency must consider
made. Every Member of Congress is well the data or argument so presented by in-
aware of the difficulty of finding one's terested people and incorporate a concise
way about in the maze of Federal agen- general statement of their basis and pur-
cies. That being so, the problem of the pose in any rUles it issues. '
citizen west of the Potomac is a hundred- The effect of this provision will be to
fold lUore difficUlt enable parties to express themselves in
OPINIONS AND ORDERS. SECTION 3 (B) some informal manner prior to the is-
In the case of opinions and orders is- suance of rules and regulations, so that
sued by agencies in the exercise of their they will have been consulted before be-
judicial functions, section 3 (b) of the ing faced with the accomplished fact of
bill requires them either to be pUblished a regUlation which they may not have
or made available to public inspection anticipated or with reference to which
except where held confidential for good they have not been conSUlted. This pro-
cause. All rules must be either pUblished vision will make for good public relations
or made available to public inspection on the part of administrative agencies.
but, as heretofore stated, interpretative Wisely used and faithfully executed, as
rulings in particular cases are not rules. it must be, it should be of great aid to
PUBLIC RECORDS, SECTION 3 (C)
administrative agencies by affording
them a simple statutory means of ap-
Section 3 (cl also requires agencies to prising the public of what they intend
make matters of official record available to do and affording the interested public
to inspection except as by rUle it may .a nonburdensome method of presenting
require them to be held confidential for its side of the case. Day by day Congress
legal cause. takes account of the interests and desires
RULE MAKING, SECTION 4 of the people in framing legislation; and
Section 4 deals with the very important there is no' reason why administrative
subject of rule making. From it, how- agencies shOUld not do so when they
ever, are exempted: First, military, naval, exercise legislative functions which the
or foreign affairs functions; and second, Congress has l;lelegated to them.
matters relating to agency management EFFECTIVE DATE OF RULES, SECTION 4 (Cl
or personnel or to public property, loans, Under section 4 (cl agencies are re-
grants, benefits, and contracts. The ex- qUired, In addition to the foregoing" to
emption of military and naval functions defer the effective date of any substan-
needs ,no explanation here. The ex- tive rule for not less than 30 days except
empted foreign affairs are those diplo- as they may specifically provide other-
matic functions of high importance wise for good cause or in the case of rules
which do not lend themselves to public reCoghizing exemptions or relieving re-
'procedures and with which the general strictions, and so forth. This section
public is ordinarily not directly con- places the burden upon administrative
cerned. The exemption of proprietary agencies to justify In law and fact the
matters is included because in those issuance of any rule effective in less than
cases the Government is in the position 30 days. Rules may be made effective in
of an individual citizen and is concerned a legally reasonable time less than 30
with its own property, funds, or con- days because of the, shown urgency of
tracts. conditions coupled with demonstrated
NOTICE OF RULE MAKING, SECTION 4 IA) and unavoidable limitations of time. The
There !J.re two particularly important section requires agencies to proceed with
aspects of section 4 (a), which deals With the convenience or necess~ty of the people
 1946 CONGRESSIONAL RECORD-HOUSE
affected as the primary consideration, so
that an agency may not itself be dilatory
and then issue a rule requiring compii-
ance forthwith.
PETITIONS, SECTION 4 (D)
Section 4 <d) is of the greatest im-
portance because it is designed to afford
every properly interested person statu-
tory authority to petition for the is-
suance, amendment, or repeal of a rille.
No agency may receive such petitions in a
merely pro forma manner. Every agency
possessing rule-making authority will be
required to set up procedures for the re-
ceipt, consideration, and disposition of
these petitions. The right of petition is
written into the Constitution itself. This
subsection confirms that right where
Congress has delegated legislative powers
to administrative agencies. As in con-
nection with the prior provisiOns of sec-
tion 4, this subsectioI! should be a most
useful instrument for both improving the
public relations of administrative agen-
cies and protecting the public by afford-
ing interested persons a legal and regular
means of securing the issuance, change,
or rescission of a rule.
ADJUDICATION,. SECTION S,
Section 5 relates to the judicial func-
tion of administrative agencies where
they decide specific cases respecting com-
pliancewith eXisting law or redress under
existing law. It applies, however, only
where Congress by some other statute has
prescribed that the agency shall act only
upon a hearing and, even in that case,
there are six exceptions. The require-
5651
separate legislation. Where decisions rest Procedure as follows-pages 35, 39, 40,
solely on inspections, tests, or elections 41:
it is clear that the hearing and decision It is of the utmost importance to under-
requirements applicable in other cases stand the large part played by informal pro-
have no place. The exemption of mili- cedure in the administrative process. • • •
tary, naval, or foreign affairs functions In cases of (claims and license applica-
is again obVious; moreover, it does not tions) formal proceedings in the first In-
appear that statutes require hearings in stance are undesirable from the point of
view of the individual and the Govern-
such matters. I have heretofore com- ment. • • • Only after these applica-
mented on the meaning of the term "for- tions have passed through the sieve of in-
eign affairs." Where an agency is act- itial decision-which in most cases satis-
ing for a court, and thereby its factual . factorily ends the matter-is it necessary or
and legal basis of action is subject to possible to have formal proceedings. • • •
judicial control in toto, there is no rea- . In most cases in which a person applies
son for insisting upon any particular for some official permission. the agency, if
form of administrative formality. Certi- satisfled that the permission is proper, grants
fication of employee representatives is it without any formal proceedings. Some-
times the public interest in a full record
exempted because the determinations in of the grounds of decision is thought so im-
those cases 1>0 largely rest either upon an portant by Congress that formal proceedings
election or .its availability. and a formal record are reqUired by law.
NOTICES, SECTION S (AI • • • But there are other cases where
formai proceedings are required either by
Subsection (a) of section 5-respecting the terms of the statute or by administra-
notices in the exercise of the judicial tive interpretations in Which. in the com-
function of administrative agancies-is mittee's opinion. something less would fully
designed mainly to assure that such no- protect the public interest and make for
tices are adequate, particularly in the more expediti01.jS dispatch of business. • • •
matter of stating the particular issues of It often occurs that after an agency has
investigated a complaint filed with it. the
law or fact which parties must meet. In person or persons complained of and the
that connection I wish to call the atten- agency may agree as to the principal eviden-
tion of the House to the unanimous con- tiary facts and may also agree that the acts
clusion of the Attorney General's Com- complained of should not be repeated, A
mittee on Administrative Procedure. It frequent obstacle to settlement· by consent
reads as follows-report. pages 62-63: is the reluctance of persons to make an ad-
The indiVidual immediately concerned mission that they acted With an illegal or
should be apprised not only of the contem-
unethical intent or purpose. It is In this
plated action with sufficient precision to per- area that consent dispositions are employed,
are highly desirable, and can be extended
mit his preparation to resist. but. before by some improvement in procedures.
final action, he should be apprised of the
evidence and contentions brought forward SEPARATION OF FUNCTIONS, SECTION S (C)

ments of section 5 are thus limited to
cases in which statutes otherwise require
a hearing because, where statutes do not
require an agency hearing, the parties
affected are entitled to tryout the per.
tinent facts in court and hence there is
no reason for prescribing informal ad-
ministrative procedures beyond the re-
quirements of section 6 which I will dis-
cuss presently. The right of trial. de
novo in judicial review in cases Where'
agencies do not proceed upon a statutory
hearing will also be discussed later in
connection with section 10 (e).
As stated, even where statutes require
an agency hearing, this section does not
operate respecting, first, matters subject
to trial de novo in court; second, the se-
lection or tenure of public officers other
than examiners; third,decisions resting
solely on inspection, tests or elections;
fourth, military, naval, or foreign affairs
functions; fifth, cases in which an agency
is acting for a court; sixth, the certi-
fication of employee representatives. I
think that little need be said about these'
exceptions. Where, although the agency
is required to hold a hearing, the facts are
nevertheless subject to retrial in court, it
has seemed fairly obvious that the parties
are adequately protected at the jUdicial
stage of the proceedings so that there is
no great reason to require additional for-
malities in the administrative process
itself. I am not aware of any clear stat-
utory provision that the selection or ten-
ure of public officers is subject to a stat-
utory agency hearing, but the exception
has been inclUded because the situation
is a special one for Congress to decide by
a.gainst him 50 that he may meet
them. • •
A • • • prerequisit.e to fair formal
prdbeedings is that when formal action is
begun. the parties should be fully apprised
of the subject-matter and issues involved.
Notice, in short, must be given; and it must
fairly indicate what the respondent is to
meet. • • •
Room remains for considerabie improve-
ment in the notice practices of many agen-
cies. • • • Too frequently, this notice
is inadequate. • • • The applicant is
put to his proof on such broad issues as pUb-
lic interest, convenience, and necessi-
ty. • • • Agencies not infrequently set
" out their allegations in' general form, per-
haps in statutory terms thus failing fUlly
to apprise the respondents and to permit
them adequately to prepare their defenses.
ADJuDiCATION PROCEDURE, SECTION 5 (B)
Subsection (b) of section 5 simply pro-
vides that, apart from notice, parties
must be afforded opportunity for the
settlement of cases in whole or in part
and, to the extent that issues are not so
settled, by hearing and decision in com-
pliance with the later provisions of the
bill. There are of course cases where
time, the nature of the proceeding, and
the public interest do not permit settle-
ments; but those situations have been
taken care of on the face of the subsec-
tion. The settlement by consent provi-
sion is extremely important because
agencies ought not engage informal
proceedings where the parties are per-
fectly willing to consent to judgments or
adjust situations informally. Here again
I shOUld like to quote the statement from
the unanimous report of the Attorney
General's Committee on Administrative
Subsection (c) of section 5 deals with
the well-known protlem of separating
prosecuting and deciding functions. It
provides that the officer who takes the
evidence must decide the case or recom-
mend a decision unless he should become
unavailable to the agency. Those officers
may not hold ex parte private confer-
ences. They may not be subject to the
supervision of prosecuting officers, and
prosecuting officers may not participate
in decisions except as witnesses or coun-
sel in public proceedings. However, the
subsection does not apply in determining
applications for initial licenses, because
it is felt that the determination of such
matters is much like rule making and
hence the parties will be better served if
the proposed decision-later required by
section 8-refiects the views of the re-
sponsible officers in the agencies whether
or not they have actually taken the evi~
dence. .It does not apply in cases con--
cerning the validity or application of
rates, facilities, or practices of public
utilities' or carriers because these type's
of cases are customarily consolidated
with rule-making proceedings where the
separation of functions is not required so
that, unless excepted from this prOVision,
either rwe making would be restricted
beyond the intent of the bill or con-
solldatedproceedings would be impos-
sible. Also, the subsection does not ap-
ply to the top agency or nrembersthere-
of because from the very nature of ad-
ministrative agencies, in which ultimate
authority is fixed in one place respecting
both prosecution and decision, it is im-
possible to deprive heads of agenciesQf
5652 CONGRESSJONALRECORD~HQUSE MAY 24
authority over the prosecutors for whom understood in the courts of law. Coun- HRARINGS, SECTION 7
they are ultimately responsible. sel may thus receive notices, decisions, It •will be recllJIed that section 4-re-
Despite these exceptions, which have and awards. Agencies are not author- latipg tor!Jle lllaking-and' section' 5-
seemed necessary at least until more is . ized in any manner to ignore (lr bypa~ relating to the determination of particu-
known about the operation of an Admin- legal representatives that parties have lar cases-refer to situations in which
istrative Procedure Act, this section is selected for themselves pursuant to this Congress has by some other statute re-
of great importance because it is an section. The section also confers a stat- quired an agency to act upon a hearing..
attempt to deal with one of the critical utory right for any interested person to Accordingly sections 7 and 8, which I am
sectors of administrative operation. It appear before any agency or its respon- about to discuss, state the reqUisites of
does not provide for a complete separa- sible officers at any time for the presenta- statutory agency hearings and decisions.
tion of functions in the' sense that hear- tion or adjustment of any matter, alld PRESIDING OFFICERS, SECTION 7 (AI
ing officers are entirely and physically this is particularly important as-among The first subsection of section 7 re-
separated from the agencies' in which other things-authorizing the settlement quires an agency to hold hearings itself,
they operate.. This bill adopts the "in- of cases in whole or part. It also requires or through a member or members of the
ternal" s~paration of functions and iIi agencies to proceed with reasonable dis- board which comprises it, or by one or
addition, as ] will point out when I come patch. 'l1lore examiners qualified as provided in
to section 11, provides salary and tenure INVESTIGATIONS, SECTION 6 (BI
section 11 of the bill, or through other
independence for examiners even though The second subsection of section 6 lim- officers specially provided for or desig-
they may be selected by and attached to its any form of investigative process to nated purs\1ant to the authority contained
a particular agency. The problem is authority conferred upon an agency by in other statutes. Whoever presides must
discussed at pages 55 to 57 of the final law. This limitation will require any do so impartialIy. They may withdraw
report of the Attorney General's Com- agency to justify its process in case of a if they deem themselves disqualified or, if
mittee on Administrative Procedure. contest thereof by demonstrating that an affidavit of personal bias or disqualifi-
This bill follows generally the recom- upon the law and the facts it is acting cation is filed against them, the agency
mendations of that commit!;ce, although within its proper sphere of. operations. must determine the issue as a part of the
by a somewhat di1Jerent route. The subsection also provides that those; record and decision in. the case.
DECLARATO~Y. ADJUDICATIONS, SECTION 5 (D) compelled to submit data or. evidence This provision authorizes agencies, if
The last subsection of section 5 author- shall .either be entitled to copies thereof they do not wish to hear cases them-
izes agencies, in tl:eir sound discretion, or, in cases in which the situation clearly selves, to delegate the hearing function to
to issue declaratory orders with the same demlmds that no copies be made, to in- the named types of presiding officers. It
efiect as other orders. Since agencies spect them in person or through counsel. does not mean, however, that .agencies
exercise judicial functions; it has been SUBPENAS, SECTION 6 leI ate authorized-whether pursuant to the
deemed wise, for the benefit of the public Subsection (c) of section 6 provides express authority of other statutes or
and people subject to administrative that, where Congress has authorized not-to avoid the examiner system-set
adjudications, to confer upon them agencies to issue subpenas, private up in this bill and hereafter discussed-
authority by this subsection to do the parties may secure them upon an equal- by assigning general employees or attor-
same things that courts do under the ity with Government representatives and neys to hear cases individually or as
Declaratory Judgment Act. In other without any more than a general show- boards. In short, unless the agency or
words, administrative agencies should at ing of relevance and reasonable scope of its members or some specially qualified
least be as :ree to act irrespective of the the information sought. Where admin- statutory officer hears the case, an ex-
technical rules of case or controversy as istrative subpenas are contested, the aminer qualified under section 11 of this
courts are. Indeed, without this provi- court is to inquire into the situation and bill must do so.
sion, in cases involving administrative issue an order of enforcement only se. far . Of particular importance in this subsec-
powers, there is a blind spot in our law- as the subpena ~s found to be in accord- tion is the requirement that any presid-
for parties can neither secure a declara- ance with law. This is a definite statu- ing officer must act impartially rather
tory judgment from the courts nor a tory right and Is applicable to subpenas than as a prosecutor. These provisions
declaratory order from the administra~ of every kind addressed tc, any person mean that presiding officers will be re-
tive agency. Parties faced with a situa- under authority of any law. The efiect quired to conduct themselves in the man-
tion in which they desire a declaratory of the subsection is thus ~o do more than ner in which people think they should-
adjudication would under this provision merely restate the existing constitutional that is, as judges and not as the repre':'
be authorized to ask an agency to rule safeguards which in some cases, such as sentatives of factions or special interests.
upon the situation; and the ruling of the those involving public contractors-see HEARING POWERS, SECTION 7 (B)
agency would be subject to judicial re- Endicott Johnson Corp. v. Perkins (317,
view and all other requirements as in U. S. 501,507,509,510 (1943», have been Subsection (b) of section 7 lists the
other cases. Administrative authority held inapplicable. Also, the term "in commonly accepted kinds of powers which
so to act has been widely urged. This accordance with law" does not mean that It is generally conceded that officers who
provision, however; narrows the author- a subpena is valid merely because issued preside at hearings ought to have. These
ity to those cases in which 3gencies act with due formaEty. It means that the include administering oaths, issuing au-
upon a statutory hearing and subject to legal situation, inclUding the necessary thorized subpenas, receiving or exoCluding
the safeguards of sections 5, 6, 7, 8, 9, facts, demonstrates that the persons and eVidence, taking depositions, generally
and 11 of this bill. regulating the hearing, holding informal
subject matter to which the subpena is conferences with the parties for the set-
OTHER MATTERf', SECTION 6 directed are within the jurisdiction of tlement or simplification of issues, dis-
Section 6, entitled "Ancillary Matters," the agency which has issued the sub- posing of procedural requests such as
brings together a number of incidental pena. those for adjournment, and the like. In
rights, powers, and procedures, including DENIAL OF REQUESTS, SECTION 6 (Dl exercising these powers, of course, pre-
limitations on ~ompUlsory investigative The final subsection of section 6 re- siding officers will be bound by relevant
powers. These provisions are important, quires agencies to give prompt notice of legal limitations.
although they do not necessarily relate the denial of any
in all cases to either public information, agency proceeding,request and to
made in any
accompany
EVIDENCE, SECTION 7 IC)

rule making, or adjudication as dealt that notice with a simple statement 'Subsection (c) of section 7 is one of
with in the previous sections. of the more important provisions of the bill.
the procedural or other grounds for the In its final report the Attcrney General's
APPEARANCES OR REPRESENTATION, SECTION 6 (AI
action of the agency. Under this pro- Committee on Administrative Procedure
Section 6 (a) deals with the right of vision, If the ground is procedural, the statec1 that-pages 70-71:
parties to have the advice or representa- agency would be required to state any
tion of counselor, to the extent that available further or alternative remedies Although administrative' agencies may be
freed from observance of strict common-law
agencies lawfully permit it, representa- open to the party. If the ground is not rules of evidence for jury trials, It is errone-
tion by nonlawyers. The representation procedural, the agency woulci be required ous to suppose that agencies do not, as a re-
of counsel contemplated by the bill to make a simple statement of the legal SUlt, observe some rules of eVidence. • • •
means full representation as the term is or factual basis of its action. Abuses in admitting remote hearsay and
 1946 CONGRESSIONAL RECORD-HOUSE 5653
irrelevant or unreliable evIdence there surely specting official notice is essential in make the decision, it becomes the final
have been. • • • That strIct adherence order to prevent miscarriages of justice decision of the agency in the absence of
to standards of relevance and probative value
should be observed needs no underscorIng. through mistake or by unwarranted ex- an appeal to or review by the agency.
A dUfuse record dissipates the energIes of the pansion of the idea of judicial notice. If the agency itself makes the initial de-
parties and the deciding authorIties and dis- DECISIONS, SECl'lON 8 cision without having presided at the re-
tracts attention from the issues. Careless Section 8 applies only in cases in which ception of the evidence, the officers who
admission of evIdence for what It Is wortb-
other statutes require a hearing and in presided or who are qualified to preside
a practice not Infrequent among trial exam- must recommend a decision. Thus the
iners-swells the record beyond its necessary which section 7 applies as to the conduct
limits. • of the hearing. Next to the matter of recommended decision, which becomes a
evidence, which I have discussed in con- part of the record, bridges the gap be-
Section 7 (c) of this bill provides that nection with section 7 (c), the manner tween the hearing and deciding function
the proponent of a rule or order has the and method in which agencies arrive at in administrative cases. In rule making
burden of proof except as statutes other- decisions have been one of the most or determining applications for initialli-
wise provide. It authorizes agencies to criticized parts of the field of adminis- censes, however, the subsection provides
receive any evidence, although as a mat- trative law. With respect to this problem that the agency may issue a tentative de-
ter of policy they are required to provide the final report of the Attorney General's cision. any of its responsible officers may
for the exclusion of irrelevant, immate- Committee on Administrative Procedure recommend a decision, or such procedure
rial, or unduly repetitious matter. Thus, had the following to say-pages 44-46: may be wholly omitted where the execu-
the mere fact that such matter is in the In most of the agencies the person who
tion of agency functions make it im-
record would not of itself be reversible presides is an adviser With no real power to possible.
error. The principal provision of the decide. • • • He may simply be a moni- SUBMITTALS AND DECISIONS, SECTION 8 (B)
subsection provides that no sanction may tor at the hearing with power to keep order The second subsection of section 8 is a
be imposed or rule or order be issued and supervise the recording of testimony but statutory statement of the right of the
except upon consideration of the whole little or none to make rulings or to play a parties to submit for the full considera-
record or such portions as any party may real part in the final decision of tbe tion of the presiding 01licers, first, pro-
cite f1,nd as supported by and in accord- case. • • • There should be general im-
provement in administrative procedure at posed findings and conclusions or, second,
ance with reliable, probative, and sub- this stage. • •.• The committee • • • exceptions to recommended decisions or
stantial evidence. The parties are au- has been impressed with the fact that as the other decisions being appealed or re-
thorized to present documentary, oral, conduct of the hearing becomes divorced from viewed administratively and third, sup-
and rebuttal evidence and to conduct responsibility for decision two undesirable porting reasons for such findings, con-
reasonable cross-examination. In rule consequences ensue. The hearing itself de- clusions, or exccptions. The record must
making or determining applications for generates, and tbe decision becomes anony- show the o1licial rulings of the agency
initial licenses agencies may adopt pro- mous. • • •
If the heartng officer Is not to play an im- upon each such finding. conclusion, or
cedures for the submission of the evi- portant part in the decision of the case, other exception presented. These provisions
dence in written form, so far as the in~ persons must. The agency heads cannot read assure all parties an opportunity to pre-
terest of any party will not be prejudiced the voluminous records and winnow out the sent their views of the law and the facts
thereby. essence of them. Consequentiy this task and be heard thereon prior to the de-
The requirement that agencies may must be delegated to subordinates. Compe- cision of any case. So that the parties
act only upon relevant, probative, and tent as these anonymous reviewers or memo- and the reviewing courts may be fully
substantial evidence means that the ac- randum writers may be, tbeir entrance makes apprised, all recommended or other de-
cepted standards of proof, as distin- for loss of confidence. Parties have a sound
desire to make their arguments and present cisions must include first, findings and
guished from the mere admissibility of their evidence, not to a monitor, but to the conclusions, as well as the reasons or
evidence, are to govern. in administrative officer who must in the first instance decide basis therefor, upon all the issues of fact,
proceedings as they do in courts of law or Iecommend the decision. In many agen- law, or discretion presented by the rec-
and equity. The same provision con- cies attorneys rarely exercise the privilege of ord and, second, the appropriate agency
tains two other limitations-first, that argUing to the hearing officer. They have no action or denial.
the agency must examine and consider opportunity to argue to the record analysts The purpose and effect of these pro-
the whole of the evidence relevant to any and reviewers who have not heard the evi-
dence but whose summaries may strongly visions are clear upon the face of the sec-
issue and, secondly, that it must decide affect the final result. tion: One matter should be emphasized.
in accordance with the evidence. Under Section 8 (b) requires findings and con-
tl:;lese provisions the function of an ad- The provisions of section 8 are de- clusions to be stated upon all the mate-
ministrative agency is clearly not to de- signed to make it certain that those who rial issues of fact whictl the parties may
cide arbitrarily or to act contrary to the sign decisions or decision papers are actu- present. This means that, within the
evidence or upon surmise or suspicion or ally the people responsible for them, that legal framework of the type of case in-
untenable infer~nce. Mere u~corrobo­ the evidence and the arguments of the volved, the number and the subjects of
rated hearsay or rumor does not consti- private parties are fully and fairly con- the findings and conclusions will be de-
tute substantial evidence-see Edison Co. sidered, that the views of agency per- termined by the record and by the legal.
v. Labor Board (305 U. S. 197,230>' Un- sonnel are not unduly emphasized or factual, or discretion issues raised by the
der this provision agencies are not au- secretly submitted, and that the 01licial parties. The mere parroting of findings
thorized to decide in accordance with record alone is the basis of decision. or conclusions in the words of statutes,
preconceived ideas or merely to sustain DECISIONS BY SUBORDINATES. SECI'ION 8 (AI however sufficient that may be as an ulti-
or vindicate prior administrative action. Section 8 (a) requires that, in adjudi- mate conclusion. definitely would not sat-
but they must enter upon a bona fide isfy in any manner the requirements of
consideration of the record with a view to cation cases subject to Section 5 (C), the this section unless both the statute and
reaching a just decision uPOn the whole o1licer or officers who presided at the tak- the issue were very narrow indeed. Al-
of it. ing of evidence must either decide the
case or recommend a decision-the most any case of consequence involves
RECORD. SECTION 7 (DI numerous and detailed issues of law, fact,
choice being left to the agency. Since
The final subsection of section 7 pro- section 5 (c) provides for the separation and discretion. These must all be de-
vides that the record of the evidence of functions only in certain cases of adju- termined as a part of the decision. Only
taken and the papers filed is exclusive for dications. this provision would not be in that manner are the parties protected
purposes of decision. It also provides operative in the excepted cases or in rule and assured that the case has been fully
that, where a decision rests in whole or making. Its purpose is to make the and completely considered and deter-
part on 01licial notice of a material fact mined.
not appearing in the record. any party hearing officer in the covered situations SANCTIONS AND POWEllS. SECTION S
must on timely request be given an ade- an important factor in the decision proc-
quate opportunity to show the true facts. ess. Where the officer or 01licers who Section 9, relating to agency sanctions
Both of these provisions are important. presided at the hearing are not requiIed and powers, applies in all cases. whether
The exclusiveness of the record precludes to make or participate in the decision or not a statutory hearing is required. It
deciding 01licers from basing their judg- under this provision, some other o1licer does not dispense with hearings other-
ments as to the facts upon matters which or 01licers who are qualified to preside at wise required, nor does it supply them it
are not in the record. The provision re- hearings must do so. Where such 01licers not so required. It deals with the lar~s
 5654 CONGRESSIONAL RECORD-HOUSE
and troublesome problem of th~ remedies
or redress which administrative agencies
are entitled to undertake or grant.
GENERAL LIMITATIONS, SECTION 9 (A)
The first and principal provision of the
section simply requires that no sanction
shall be imposed or substantive rule or
order be issued except within jurisdiction
delegated to the agency and as author-
ized by law. This provIsion is framed
on the necessary assumption that the
detailed specification of powers. must be
left to other legislation relating to spe-
cific agencies. Its effect is to confine
agencies to the jurisdiction and powers
so conferred. That means _not only the
legal bl:t the factual jurisdiction of an
agency, and the legal and factual ap-
propriateness of any sanction or relief
it may assume to impose or grant. The
basic premise of the section, if I may re-
peat, is that agencies are not authorized
to invent sanctions or relief or to attempt
to apply or grant them beyond the limita-
tions of authority within which they op-
erate.
LICENSES, SECTION 9 (D)
Section 9 (b) deals with licensing. It
requires agencies to determine prompt-
ly all applications _for licenses, prohibits
them from withdrawing a license without
first giving the licensee notice and an
opportunity to achieve compliance except
'in cases of obvious willfulness or emer-
gency, and in businesses of a continuing
nature precludes. any license from expir-
ing until timely- applications for new
licenses or renewals have been deter-
mined.
These special provisions are necessary
because of the very severe consequences
of the conferring of licensing authority
upon administrative agencies. The bur-
den is upon private parties to apply for
licenses or renewals. If agencies are dila-
tory in either kind of application, parties
are subjected to irreparable injuries un-
less safeguards are prOVided. The pur-
pose of this section is to remove the threat
of disastrous, arbitrary, and irremediable
administrative action.
JUDICIAL REVIEW, SECTION 10
Section 10 is a comprehensive state-
ment of the right, mechanics, and scope
of judicial review. It requires an effec-
tive, just, and complete determination
of every case and every relevant issue.
It is a means of enforcing all forms of
law and ,11 types of legal limitations.
Every form of statutory rig-ht or limita-
tion would thus be subject to judicial
review under the bill. It would not be
limited to constitutional rights or limi-
tations alone-see Perkins v. Lukens Steel
Co. (310 U. S. 113>' I which are either expressly made review-
Two general exceptions are made in
the introductory clause of section 10.
The first exempts all matters so far as
statutes preclude judicial review. Con-
gress has rarely done so. Legislative in-
tent to forbid judicial review must be,
if not specific and in terms, at least clear.
convincing. and unmistakable under this
bill. The mere fact that Congress has
not expressly prOVided for judicial review
would be completely Immaterial-see
Stark v. Wickard (321 U. S. 288 at p. 317).
The second general -limitation -on the-
section is that there are exempted mat-
ters to the extent that they are by law
committed to the absolute discretion of
administrative agencies. There have
been much misunderstanding jl,nd con-
fusion of terms respecting the discre-
tion of agencies. They do not have au-
thority in'any case to act blindly or arbi-
trarily. They may not willfully act or
refuse to act. Although like trial courts
they may determine facts In the first in-
stance and determine confiicting evi-
dence, they cannot act in disregard of or
contrary to the evidence or without evi-
dence. They may not take amrmative
or negative action without the factual
basis required by the laws under which
they- are proceeding. Of courst:, they
may not proceed in disregard of the Con-
stitution, statutes, or other limitations
recognized by law.
RIGHT OF REVIEW, SECTION 10 (A)
The first sUbsection of section 10 pro-
vides that any person suffering legal
wrong because of any agency action, or
adversely affected within the meaning of
any statute, is entitled to judicial review.
Legal wrong means action or inaction in
violation of the law or the facts. The
categories of questions of legal wrong are
set forth later as subsection (e) of section
10.
FORMS OF REVIEW ACTIONS, SECTION 10 (D)
Under this bill the technical form of
proceeding for jUdicial review is, first,
any special proceeding which Congress
has provided or, in the absence or inade-
quacy thereof, any relevant form of ac-
tion such as those for declaratory judg-
ments or injunctions in any court of
competent jurisdiction. In addition. any
agency acti6n is_ also subject to judicial
review in any civil or criminal enforce-
ment proceeding except to the extent
that prior, adequate, and exclusive op-
portunity for such review is otherwise
provided by law.
These provisions summarize the situa-
tion as it is now generally understood.
The section does not disturb special pro-
ceedings whiCh Congress has provided,
nor does it disturb the venue arrange-
ments under eXisting law. It does, how-
ever, constitute a statutory adoption of
tradition-al forms of action in cases where
Congress has made no contrary provision
for jUdicial revie,:w.
REVIEWABLE ACTS, SECTION 10 (C)
In any proceeding for jUdicial review,
the parties who seek it must specify what
it is they wish reviewed and what it is
they claim to be reviewable. Accordingly,
section 10 (c) provides that specific acts
able by legislation or for which there is
no other adequate judicial remedy are
subject to review under section 10 of this
bill. Preliminary or procedural matters
not so reviewable may be reviewed in con-
nection with final actions. An act is final
whether or not there has been presented
or determined an application for any
form of reconsideration. unless statutes
otherwise expressly require.
The provisiQns of this section are tech-
nical but involve no departure from the
MAY 24
usual and well understood rUles of pro-
cedure in this field.
TEMPORARY RELIEF, SECTION 10 (D)
Of importance in the field of judicial
review is the authority of courts to grant
temporary relief pending final decision
of the merits of a judicial-review action.
Accordingly section 10 (dl "rovides that
any agency may itself postpone the effec-
tive date of its action pending judicial
review or, upon conditions and as may
be necessary to prevent irreparable in-
jury, reviewing courts may postpone the
effective date of contested action or pre,:
serve the status quo pending conclusion
of judicial-review proceedings.
The section is a definite statutory
statement and extension of rights pend-
ing judicial review. It thus, so far as
necessary, amends st,atutes conferring
exclusive authority upon administrative
agencies to take or withhold action. Its
operation wnJ. involve no- radical depar-
tures from what has generally been re-
garded as an essential and inherent right
of the courts: but., however that may be.
this provision confers full authority to
courts to protect the review process and
purpose otherwise expressed in section 10.
SCOPE OF REVIEW, SECTION 10 (E)
The final subsection of section 10 states
the extent or degree of review which
courts are required to afford under this
bill. I have already referred to the ex-
emptior of situations in which Congress
has specifically withheld review or in
which action has by law been committed
to the absolute discretion of administra-
tive agencies.
Subsection (e) of section 10 requires
courts to determine independently all
relevant questions of law, including the
interpretation of constitutional or statu-
tory provisions and the determination of
the meaning or applicability of any
agency action. They must compel action
unlawfully withheld or unreasonably de-
layed. They mus~ hold unlawful any ac-
tion, findings, or conclusions which they
find to be, first, arbitrary or in abuse of
discretion: second, contrary to any pro-
vision of the Constitution; third, in vio-
lation of statutes or statutory rights;
fourth, without observance of procedure
required by law: -fifth, unsupported by
substantial evidence in any case reviewed
upon the record of an ~gency hearing
provided by statute; or, sixth, unwar-
ranted by the facts so far as the latter
are subject to trial de novo. In making
these determinations the court is to con-
siller the whole record or such parts as
any party may cite and, where error has
been fully cured prior to the effective
date of agency action, the courts may
apply the ql1e respecting nonprejudicial
error.
The term "substantial evidence" as
used in this bill means evidence which on
the whole record as reviewed by the court
and in the exercise of the independent
judgment of the reviewing court is ma-
terial to the issues, clearly sUbstantial.
and plainly sumcient to support a finding
or conclusion aflirmative or negative in
form under the requirements of section
7 (c) heretofore discussed. Under this
 1946 CONGRESSIONAL RECORD-HOUSE
section the function of the courts is not
merely to search the record to see
whether it is barren of any evidence, or
lacking any vestige of reliable and pro-
bative evidence, or supports the agency
action by a scintilla or by mere hearsa,y,
rumor, suspicion, speculation, and in-
ference-cf. Edison Co. v. Labor Board
(305 U. S. 197, 229-230). Under this bill
it will not be slifficient for the court to
find, as the late Chief Justice Stotle
_ pointed out within the year, merely that
there is some "tenuous support of evi-
dence"-Bridges v. Wixon (326 U. S. at
178) . Nor may the bill be construed as
permitting courts to accept the judg-
ments of agencies upon unbelievable or
incredible evidence.
Where there is no statutory admin-
istrative hearing to which review is con-
fined, the facts pertinent to any relevant
question of law must, of course, be tried
and determined de novo by the reviewing
court.
Whether a court is proceeding upon an
administrative or a judicial record, the
requirement of review upon the whole
record means that courts may not look
only to the case presented by one of the
parties but must decide upon all of the
proofs sUbmitted.
EXAMINERS, SECTION 11
One of the most controversial pro-
posals in the field of administrative law
relates to the status and independence
of examiners who hear cases where agen-
cies themselves or members of boards
cannot do so. I have heretofore referred
to this problem in my discussion of sec-
tion 8 respecting decisions. Both sec-
tions 7 and 8· authorize the use of ex-
amIners. Section 11, which I am about
to discuss, provides for their selection.
tenure, and compensation.
It is often proposed that examiners
should be entirely independent of agen-
cies. even to the extent of being sepa-
ratelyappointed, housed, and supervised.
At the other extreme there is a demand
that examiners be selected from agencY
employees and function merely as clerks.
In framing this bill we have rejected the
latter View. as the Attorney General's
committee on administrative procedure
throughout the greater part· of its final
report rejected it, and have made some-
what different provision for independ-
ence. Section 11 recognizes that agen-
cies have a proper part to play in the
selection of examiners in order to secure
personnel of the requisite qualications.
However. once selected, under this bill
the examiners are made independent in
tenure and compensation by utilizing
and strengthening the existing machin-
ery of the Civil Service Commission.
.Accordingly, section 11 requires agen-
cies to appoint the necessary examiners
under the civil serVice and other laws not
inconsistent with the bill. But they are
remova.ble only for good cause deter-
mined by the Civil Service Commission
after a hearing, upon the record thereof,
and subject to judicial review. Moreover,
their compensation is to be prescribed
and adjusted only by the Civil Service
Commission aettrigupdn its independent
judgment. The Commission is given the
necessary powers to. operate under this
section, and it may authorize agencies to
borrow examiners. from one another.
If there be any criticism of the opera-
tion of the civil-service system, it is that
the tenure security of civil service per-
sonnel is exaggerated. However,it is pre-
cisely that full and complete tenure se-
curity which is widely sought for subor-
dinate administrative hearing and de-
ciding officers. Section 11 thus makes
use of past experience and existing ma-
chinery for the purpose.
CONSTRUCTION AND EFFECT, SECTIO.'il 12
The final section of the bill provides
that nothing in it is to diminish consti-
tutional or other legal rights, that re.
qUirementsof evidence and procedure
are to app~y equally to agencies and pri-
vate persons, that the unconstitution-
ality of any portion or application of the
bill shall be subject to the usual saving
provision, and that subsequent legisla-
tion is not to be deemed to modify the
bill except as it may do so expressly.
The final sentence provides that the
bill shall become law 3 months after its
approval, except that sections 7 and 8
respecting statutory hearings and deci-
sions shall not take effect until 6 months
after its approval, the reqUirements of
section 11 respecting the selection of ex-
aminers are not to become effective for a
year, and no requirement of the bill is
mandatory as to any agency proceeding
initiated prior to the effective date of
such requirement.
The staggered effective date prOVision
has been thought necessary in order to
give administrative agencies every op-
portunity to prepare fully.
v. CONCLUSION
This measure is the culmination of
long and earnest consideration. It re-
sponds to a widespread, deep-seated, and
insistent public demand for some atten-
tion to the problem of administrative
justice and administrative operations. It
has been drafted' with the greatest of
care and upon fulsome consideration of
views from every side. It is not, of
course, the final Word, but it is a good
beginning.
Mr. HANCOCK. Mr. Chairman, I
yield myself 5 minutes.
Mr. Chairman, the two gentlemen who
are best able to answer your questions
and describe the bill are the gentleman
from Pennsylvania [Mr. WALTERl,chair-
man of the subcommittee which has
studied this bill for years and brings it
to us today, and the ranking minority
member on that committee, the gentle-
man from Iowa [Mr. GWYNNE] .. As far
as I know, there is no opposition to the
bill on this side of the aisle, although
there are many of us who would like to
have it stronger. Nevertheless. I think
we are all prepared to gO along with it
because we feel it is the first important
step in the direction of dividing investi-
gatory. regulatory, administrative, and
jUdicial functions in Government
agencies.
I have long favored reform of admin-
istrative procedure. legiSlation which
WQuld·protect individua.l citizens against
5655
the abuses of delegated power, legisla-
tion which would separate the functions
of investigator, prosecutor, judge, jury.
and executioner. This problem has re-
ceived a considerable amount of study
over the last 10 years. The members of
the Judiciary Committees of the House
and of the Senate have given it a great
deal of time and attention and extensive
hearings have been held. The bar asso-
ciations of the country, the Department
of Justice, and prominent lawyers every-
where have studied it and recommended
remedial legislation since 1935. Many
bills have been introduced to accom-
plish this purpose, and at least one was
passed, the Walter-Logan bill, 6 or 7
years ago. It was vetoed by President
Roosevelt on the ground that further
stUdY was required. This legislation has
received further study and the bill be-
fore us is the result of it. No one claims
it is a perfect bill. If weaknesses de-
velop, as they may with experience, the
Congress can pass legislation to correct
those weaknesses. I hope the bill will be
passed as presented by the Judiciary
Committee. It has already been passed
by the Senate. and it has the endorse-
ment of the Attorney General, which is
assurance that it will be signed by the
President. '
Just let me say this, which has alreadY
been mentioned: I regard the report
which accompanies this bill as the most
complete and scholarly report that has
ever accompanied any bill to 'come before
us in my time. It is a valuable legal
document,. and I advise you to retain it
in your files for future reference.
No one has been more active in seeking
to correct injusti·ces of administrative
law and procedure than the able gentle-
man from Pennsylvania [Mr~ WALTER],
It now appears that his efforts of many
. years will culminate in success today, and
I congratulate him.
Mr. Chairman. I yield 10 minutes to
the gentleman from Iowa [Mr. GWYNNE],
Mr. GWYNNE of Iowa. Mr. Chair-
man, I have often thought that private
monopoly and Government bureaucracy
cannot exist long in a country and.
have the country remain free. The pur-
pose of this bill is to make a start at least
along the road that we must travel to
regulate the many bureaus and tribunals
that are now operating in the executive
branch of the Government.
Some of you who have been very much
interested in this subject over the years
may read this bill with a certain amount
. of disappointment. You will regret that
the bilI does not go further. I am frank
to say that I have those same feelings
myself. Nevertheless, I should like to
point out to the membership that this
bill has been passed by the Senate. If
it is passed in the House with the amend-
ments the House committee has recom-
mended it will undoubtedly become the
law. It will become the much needed
start ll,long the road I am so anxious to
have us travel. I hOpe. therefore, we will
pass this bill unanimously and without
amendment.
Furthermore. as has been pointed out
by the gentleman from Texas (Mr. SlJJ/1-
mRsl. the chairman of the committee,
 5656 CONGRESSIONAL RECORB.....,HOUSE
we are legislating in a new field. I think
it is the part of wisdom not to go as far
perhaps as some of us would like, but to
go carefullY,note mistakes and profit by
them.
.All I intend to do, Mr. Chairman, is to
make a rather brief statement of what is
in the bill.
Mr. GRANGER. Mr. Chairman, will
the gentleman yield?
Mr. GWYNNE of Iowa. I yield.
Mr. GRANGER. There are a number
of us in Congress, of course, who are not
lawyers. This bill I suppose is fully
understood by those who are members
of the legal profession. As I understood
the purpose of the bill~I was somewhat
confused by the gentleman's statement
that.it was to regulate bureaus-my im-
pression was that it was simply a bill to
make uniform rules promulgated by the
bureaus and practice before the various
boards and commissions of the country.
Is not that generally what it is supposed
to do?
Mr. GWYNNE of Iowa. No; I would
not say that was all of it. It does not
as a matter of fact make uniform prac-
tice before bureaus and. tribunals. It
requires these agencies of Government
in their practice to maintain certain
minimum standards. It is an attempt
'to bring into the practice of these
bureaus and tribunals those principles of
d,ue process that we understand and that
have been enforced in the courts. If I
may proceed for:. a few minutes I believe
I will make these. things clear as I go
along. I really wish to touch the bill a
little. I will yield later if I have time.
After a law has been passed by the
Congress, before it applies to the indi-
·vidual citizen there are about three stepS
that must be taken First, the bureau
haVing charge of enforcement must write
rules and regulations to amplify. inter-·
pret, or expand the statute that we
.passed; rUle making, we c:tll it. Second,
there must be some procedure whereby
the indiVidual citizen who has some con-
tact with the law can be brought before
the bureau and his case adjudicated.
You might refer to that as adjudication
or hearing. Finally. there must be some
procedure whereby the individual may
appeal to the courts from the action
taken by the bureau. This bill briefly
touches all three.
In the matter of rule making the bill
provides, for instance, this in substance:
It requires the agency to give notice of
its intention to make rules and regula-
tions. It requires the agency to allow
interested parties to appear and state
their views and request that certain rules
and regulations be adopted. That would
be much like the hearings that we now
have before our committees in the House.
Incidentally, that practice is now being
followed by certain agencies of the Gov-
ernment. Then it requires that these
rules or regulations which have the ef-
.fect of law must be published in the Fed-
eral Register and go into effect at some
future date. That is stating it very
briefiy but that is the substance of what
is required on the important subject of
.rule making.
Then we come to the question of ad-
judication. How is an individual Who
violates, or let us say who wishes some
action under, these rules and regulations,
how is his case to be disposed of? On
that point I think there is some differ-
ence between the present· bill and the
Walter-Logan bill. This. bill .is not as
definite in its requirements.· It lays
down certain minimum standards which
must be observed by the bureau· or tri-
bunal.
The bill provides that the agency must
give notice to the indiVidual of the hear-
ing, also of the ~ime and place. much the
same as notice is given now in civil
suits. The person affected may appear
by lawyer or by some one who is not a
lawyer. if that practice is allowed in that
particular agency. Hearings may be had
before the agency sitting together or by
any member or members of the agency
or, finally, by hearing examiners. which
is probably usually the case.
The trial proceeds much after the
fashion of a hearing before industrial
commissions or boards who have charge
of the administration of the workmen's
compensation in various States. The
rules of evidence are not restricted to
those matters of competency that we en-
force in court; nevertheless an attempt
is made in the bill to require the pre-
siding judge. so to speak, to confine the
case at issue to relevant aDd probative
testimony.
An important feature of the bill in this
connection has to do with the appoint-
ment of examiners and· there is a pro-'
vision to keep the deciding functions
separate and distinct from the prosecu-
tion part of it. Great complaint has
been made that agencies send out people
to prosecute the individual and. from
the same offlce and subject to the same
direction. they send out the hearing ex-
aminer who is to hear. the case. This
provides for separation of these func-
tions and prohibits one from meddling
with the other.
It also provides that these hearing
examiners shall be appOinted by the
agency in accordance With civil-service
rUles. The salaries of the examiners are
fixed by the Civil Service Commission
and promotions and increases in salaries
are also fixed by that Commission.
It is hoped to at least make a start.
although I think it does not go as far
as it shOUld, in arriving eventually at a
complete separation between the decid-
ing functions and the prosecuting
functiOnS.
The only other and remaining feature
I would like to mention has to do With
appeals. then I· shall be glad to yield.
The great difflculty with our present set-
up is that many of these agencies are
not subject to court review and many of
them even if we pass this bill will still
not be subject to court review. This
bill does not give a court review in any
case where review is now precluded by
statute. It simply clarifies and expands
in some particUlars the authority of the
court in reviewing cases in which court
review is not preclUded by law. In gen-
eral they can reverse or modify the judg-
ment on these grounds:
First. If the finding is contrary to some
provision of the Constitution;
Second. If the tribunal or agency has
failed to follow the procedure provided
by law;
MAY 24
Third. If the decision is arbitrary or
capricious; and
-Finally, and very important, if the
1lI1ding of the agency is not supported· by
substantial evidence.
- Mr. Chairman, a lot can be said about
this bill; but I will not proceed any fur-
ther because I want to yield.
The CHAIRMAN. The time of the
gentleman from Iowa has expired.
Mr. HANCOCK. ~. Chairman. I
yield the gentleman .three more minutes.
, Mr. MURDOCK. Mr. Chairman, will
the gentleman Yield? -
Mr. GWYNNE of Iowa. I yield to the
gentleman from Arizona.
Mr. MURDOCK. I want to say to the
gentleman that I, have received numer-
ous communications from bar associa-
tions and legal authorities in my State
silpporting this bill and calling on me to
support it. Not "eing a lawyer, I am glad
to have the gentleman's clear-cut state-
ment. HQwever, in addition to that,
what I would like to know is this: Has
the machinery set up been such as to
cause delay in the working out of justice
for the citizen in review procedure and
that sort of thing?
Mr. GWYNNE of Iowa. Does the gen-
tleman mean the pre:;;ent procedure?
'Mr. MURDOCK. No; I am inquiring
about the machinery set up in this bill.
Mr. GWYNNE of Iowa. Oh. I would
say not. I would say it certainly should
not cause delay. It should expeaite pro-
ceedings. if anything.
Mr. VOORHIS of California. Mr.
Chairman, will the gentleman yield?
Mr. GWYNNE of Iowa. I yield to the
gentleman from California.
Mr. VOORHIS of California. On the
matter of court review. I wanted to ask
the gentleman whether the bill will or
will not make a change in the situation
which now pertains as to certain agen-
cies where, if the position of that agency
is supported by any degree of reasonable
evidence," the court must not go beyond
that decision? Does not the bill give
the court somewhat broader powers from
that point of view than it would have
otherwise?
Mr. GWYNNE of Iowa. Right.
Mr. VOORHIS of California. Would
the gentleman expand on that a little
bit? I think. it is very important.
Mr. GWYNNE of Iowa. I might say
rather briefiy that there are two conflict.
ing theories that have often beer. ex-
pounded by the courts. One is that if
the verdict of the jury or if the finding
of the triers of fact is sustained by a
scintilla of evidence,. any evidene:e. no
matter how lacking 10 probative force,
the court must sustain it. The other is
that the court need not sustain a finding
unless it is supported by substantial evi-
dence. The latter is the view adopted
in this bill.
Mr. VOORHIS of California. That is
a change from the practice that is now
_in effect in regard to some agencies. is
it not?
Mr. GWYNNE of Iowa. That is cor-
rect.
Mr. SPRINGER. Mr. Chairman, will
the gentleman yield?
Mr. GWYNNE of Iowa: I yield to the
gentleman from Indiana.
 1946 CONGRESSIONAL RECORD-HODSE 5657
Mr. SPRINOER. On the question Mr. HANCOCK. Even though con- tried has had taken away from him the
which has just been raised by the gentle- trary to the preponderance of the evi- legal rights to which he is entitled; or
man from California, there have fol- dence. the limitation to which he is entitled
lowed, in the procedure under the pres- Mr. SPRINGER. Yes, as the distin- under the provisions of the law have been
ent rules findings even where the evi- guished gentleman from New York says, reduced, then that character of decision
dence was not' competent; where there that has been done in many cases even under the scope provided in this bill can
was no evidence at all. The finding though it is contrary to the preponder- be set aside.
might be made without regard to ance of the evidence introduced at the Fourth. "Without observance of pro-
whether or not that evidence was actual- hearing. cedure required, by law." That is a
ly competent to get into the case; is that May I say further on this particular potent and powerful reason. Decisions
not correct? • point that in many instances the eVi- thus can be set aside where there is no
Mr. GWYNNE of Iowa. That happens dence upon which a decision has been observance of the legal procedure on the
under the present set-up, yes, unfor- predicated has not been competent evi- part of the hearing administrator or
tunately. dence. agent. When that authority has been
Mr. VOORHIS of California. But it The bill pending before this commit- taken into his hands and he har failed
can happen under the bill? tee, and which I hope will be passed with- to observe the legal requirements and
Mr. GWYNNE of Iowa. This bill does out a dissenting vote, provides for ju- procedures, then such a decision, predi-
not concern itself with competent evi- dicial review in certain instances, and it cated upon that theory, can be set aside.
dence particularly, but it does give to takes up the scope of the review. It is to Fifth. "A decision which is unsupport-
the court the duty to set aside findings that particular feature that I desire to ed by substantial evidence" can be set
if not supported by !1ubstantial evi- address the few comments I have to aside. I mentioned just a little while
dence. make upon this measure. ago that many cases in which decisions
The CHAIRMAN. The time of the Page 39 of the bill provides that under have been rendered upon a mere scintilla
gentleman from Iowa has expired. this law the reviewing courts "shall com- of evidence, and not on the weight of the
Mr. HANCOCK. Mr. Chairman, I pel agency action unlawfUllY withheld or evidence. have been discov~red. In
yield 10 minutes to the gentleman from unreasonably delayed." many instances the decisions have been
Indiana [Mr, SPRINGER], In many of those cases there has been based upon evidence which is not com-
Mr. SPRINGER. Mr. Chairman, as a withholding or a long delaY, and that petent. But under the provisions of this
has been stated during this debate, this particUlar feature is intended to hasten bill it is required that all such decisions
measure which is now pending before the action on the part of these agencies. I shall be based upon and predicated upon
House is a very important measure as it feel confident each Member will approve substantial evidence. That is the only
appears to me. I might state that this that provision in this bill. fair basis upon which decisions of this
bill, S, 7, was ps.ssedon March 12, 1946. The second provision. to which I now · character should be made by either a
by the Senate and it then carne to the refer, provides "and hold unlawful and court or any agency assuming the au-
House and it has been given very careful set aside agency action, findings, and thority to hear and determine cases.
consideration since that time. conclusions found to be arbitrary, capri- The sixth provision applies to deci-
May I say that' the distinguished gen- clous, an abuse of discretion, or other- sions unwarranted by the facts to the
tleman from Pennsylvania [Mr.WALTER], wise not in accordance with law," · extent that the facts are subject to a trial
together with the ranking minority To my mind, that is .a most potent de novo by the reViewing court. It is
Member the gentleman from Iowa [Mr. statement and is' a fair and eqUitable my judgment that under the scope of
GWYNNE], have given much attention provision of the bill. review set forth in ~he pending bill it
and have spent much time on this par- Mr. SCRIVNER. Mr. Chairman, will ,will give every person the opportunity
the gentleman yield?
ticular legislation. I wish to compliment Mr. SPRINGER. I am happy to yield and right to have a fair, just, and impar-
each of those gentlemen for the fine serv- to my friend from Kansas; tial trial in the judicial proceeding, and
ice they have rendered to the country Mr. SCRIVNER. Does the gentleman a complete review of the case which has
and to the people in the presentation of feel that that would correct the evils that been conducted against him. I hope this
this measure. The Attorney General is might exist where a regulation was con- bill is passed without any objection.
in favor of this bill. This worth-while legislation has been too
I w~nt to refer to the report, page 15, trary to the intent, spirit, or purpose of
the act? long delayed already, and it Is my hope
and quote from a letter of the Attorney Mr. SPRINGER. I think, unquestion- that it will be passed in the House, fully
General. In the closing portion of the' ably, it WOUld. The gentleman is pre- approved by the other body, and prompt-
letter this is what he has to say on that cisely correct. That is the purpose and ly signed by the President.
subject: that is the intention of that provision The CHAIRMAN. The time of the
The bill appears to offer a hopefUl pros- 'which has been written into this' bill. gentleman from Indiana has expired.
pect of achieVing reasonable uniformity and In those cases where these decisions are Mr. SUMNERS of Texas. Mr. Chair-
fairness in administrative procedures WIth-
out at the same time Interfering undUly found to be arbitrary, where the decision man, I yield 2 minutes to the gentleman
With the efficient and economIcal operation is found to be capricious or an abuse of from California [Mr. DOYLE].
of the Governmert.lnsofaras possible, the discretion or otherwise not in accordance ADMINISTRATION OF JUSTICE IMPROVED AND
bll1 recognizes the needs of Individual agen- with the law, the decision can be set PUBLIC RESULTINGLY BENEFITED BY DILIGENT
cies by appropriate exemption of certaIn of aside. That is certainly fair, that is cer~ COl.'lTINUOUS WORK OF. THE ButLDERS OF TIlE
their functions, tainly equitable, and that is certainly BILL S. 7
After reVIewIng the committee print, based upon a sound philosophy. Mr. DOYLE. Mr. Chairman, first I
therefore, r Lave conclUded that this De- The next provision under. the scope of wish very cordially and sincerely to com-
partment shoUld reccmmend Its enactment. review to which I desire to call the at-
pliment the Judiciary Committee, as well
That is the statement of Attorney tention of the Members is that any deci- as the distingUished chairman of the sub-
General Clark on this particular subject. sion can be set aside which is con- committee of the Judiciary on this very
The gentleman from Iowa [Mr. trary to constitutional right, power, priv- ·appropriate and significant bill. It is
GWYNNE] has gone rather carefully over ilege, or immunity. There is no one in
the provisions of the bill. I desire to call the world who could object to a provi- refreshing to come here to the national
attention to only one, and that is the ,sion of that kind because that is based level from my native state of California
fourth provision, relating to the question' tiponthe sound philosophy of the law. '. and find that some of the worthy objec-
of reviewable acts, the review of the pro- The following provision in the scope tives for· which I had the pleasure of
ceedings by the judiciary, and the scope of review that I desire to call to the at- ·working for several years there, as mem-
of the review: Under the present pro- tention of the Members is that in cases ber oBhe Long Beach, Calif., andAIner-
cedure, in many cases where there is any . "where the decision is in excess of stat- ican Bar Associations, and as a mem-
evidence, even a scintilla of evidence, utory jurisdiction,.' authority, or limita- ber of the board of bar delegates of.that
decisions have been ren4ered and.predhtions,orshortof. statutory right," such great state. now "lwout . to .be . passed
. cated on that character of evidence decision can be set aside. In other unanimously.. ! hope. by this great na-
before the hearing tribUnal. words, where the person who has been · tlonallegislative body.
XCII--357
 5658 CONGRESSIONAL RECORD-HOUSE
Just several months ago, when the diS-
tinguished and able lawyer, Harry J. Mc-
Clean, immediate past president of the
Los Angeles Bar Association, was here in
Washington in conference on the very
objectives of this bill, I had the pleasure
of sitting at dinner with him and listen-
ing to his discussion and learning from
him. He and I and my wife were school-
mates at Long Beach, Calif. So, I nat-
urally continue to have a great deal of
confidence in his ability as well as his
forthrightness in this matter of great
importance. Besides, I know that for
years he has searchingly labored to find a
constructive plan such as this bill.
The report of the committee is so in-
clusive in its discussion of the subject
matter and the diagram synopsis on
pages 28 and 29 so clearly portray some
of the most pertinent visions, and the
debate here today is so conclusively in
favor of the bill that I hope there will
be a unanimous vote for it.
For more than 10 years this legislation
has had careful consideration and we
have just heard the distinguished Mem-
ber from Michigan, on the minority side,
state in substance that he has never
known, in his long service in this House,
of a measure having had more painstak-
ing or careful study. Once again we find
that the report in this case shows the far-
seeing and rich vision of former Presi-
dent Franklin Delano Roosevelt. For
the report, on page 7, thereof, specifically
sets forth that he sent legislative recom-
,mendations to Congress many years ago
in this very field.
I wHI not at this time take longer of the
time of the House because members of
the Judiciary Committee have done a
very fine job of explaining this and I do
compliment them on the work they have
done.
Manifestly the vision of the needs of
the objectives of this bill and the hard,
continuous work over a term of almost a.
dozen years of the American Bar Associ-
ation, the various State bar associations
and the committees of Congress, and the
departments of Government, shOUld have
the sincere appreciation at this time, of
all of us, gentlemen.
The CHAIRMAN. The time of the
gentleman from California [Mr. DoYLE]
has expired.
Mr. HANCOCK. Mr. Chairman, I
yield 5 minutes to the gentleman from
Iowa [Mr. DoLLIVEll].
Mr. DOLLIVER. Mr. Chairman, dur-
ing the period of time since the close of
the First World War, there has been a.
tremendous expansion of the number of
agencies, administrative bodies, and
commissions of the United States Gov-
ernment. In fact, to those of us who
were engaged in the practice of law dur-
ing that period, it had come to the point
where a great deal of our time was taken
up in dealing with those various agen-
cies of the Federal Government. They
were spawned with great speed and with-
out too much consideration, it seemed to
the practicing lawyer, over this period of
time, with a great variety of powers.
Some of those powers directly a1fected
the dally lives of every individual in the
United States of America.
It necessarily followed, I suppose, since
so many of them were created, that each
of them would develop its own variety
of procedure-that. each of them would
have its own method of doing business.
Accordingly the problem that confronted
the citizen who overstepped the bounds
of the rules of some agency was to dis-
cover how to alleviate the situation. It
was more complex because there were no
uniform rules of procedure, and a person
had to delve into the intricacies of each
agency or each commission in order to
find out what to do.
This bill is certainly a step in the rigbt
direction. It attempts to give some uni-
formity of. procedure. It attempts to
direct these agencies and commissions
and departments to use forms that can
be understood which shall be uniform
through all of them.
Not only does it promote uniformity
but it codifies the procedures in a court
revif!w. This part of the bill has just
been explained by my colleague the gen-
tleman from ·Indiana· [Mr. SPRINGER].
Because of the necessity of passing the
bill, how great have been the abuses in
some of the agencies concerned.
Personally, I think perhaps this bill
does not go far enough in that direction.
I believe I should welcome the oppor-
tunity to vote for a bill that would cur-
tail the exclusions with respect to judi-
cial review that are here contained.
Mr. WALTER. Mr. Chairman, will
the gentleman yield?
Mr. DOLLIVER. I yield.
Mr. WALTER. I would like to calJ the
gentleman's attention to the fact that
there is no exclusion whatsoever. The
decision of an agency created by statute
that prohibits a review is the only one
excluded. We are anticipating the pOs-
sibility that some time or other such an
agency will be erected.
Mr. DOLLIVER. I was referring to
exactly the pOint that the gentleman has
raised, that there are certain statutory
exclusions now existing which are not
covered by this bill. Perhaps there is
just one such agency and I believe the
gentleman and I understand which one
that is. I still say I would welcome an
opportunity to consider legislation which
would include that excluded agency.
In connection with this bill I am very
glad to present to the Congress a pOrtion
of a letter I have just received from Mr.
Burt J. Thompson, of Forest City, Iowa,
former president of the Iowa State Bar
Association.
Mr. ThompSOn says in part:
This blll has been before the board of
governors of the Iowa State Bar Association,
and has received its approval. I think It Is
a fair statement also to say that It meets
With tl\le approval of the lawyers generally
throughout the State of Iowa.
Mr. Thompson is a member of the spe-
cial committee of the American Bar As-
sociation which has been studying this
problem of administrative procedure for
many, many years. I am glad to see that
he is so fully in favor of the passage of
this bill While it does not, as I have
just suggested, go as far perhaps as h,e
and others may desire, nevertheless, it is
a step in the right direction. We have
great confidence that the bill will be
passed.
The CHAIRMAN. The time of the gen-
tleman from Iowa has expired.
MAy 24
.Mr. SUMNERS of Texas. Mr. Chair-
man, I yield 5 minutes to the gentleman
from Alabama [Mr. HOBBS].
Mr: HOBBS. Mr. Chairman--
Mr. KEEFE. Mr. Chairman, will the
gentleman yield?
Mr. HOBBS, I shall be so delighted to
yield to the distinguished gentleman
from Wisconsin.'
Mr. KEEFE. I merely wish to say to
the distinguished gentleman who is about
to address the House and to the other
members of the committee that I regret
that I am compelled to attend a very
important meeting of a subcommittee of
the Appropriations Committee and must
be there this afternoon. I do want the
RECORD to show at this point, however.
that this matter contained in this blll
is one in which I have been interested
ever since I first came to Congress in
1939.
I congratulate the author and the JUdi-
ciary Committee in finally bringing this
bill to the House. I trust it wiJI go back
to the other body and result in final ac-
tion in a field that is so very much needed
in this country:
Mr. HOBBS. We thank the gentleman
for' that. contribution, although for us
who know him so well and his outstand-
ing ability in the field of law it was en-
tirely unnecessary. We know he has been
profoundly interested all the time, is
now, and that but for con:llicting engage-
ments he would be with us as we work
out this piece of legislation on the anvil
of public discussion on the fioor of the
House.
I simply wish to adopt what he has
said. There is no need of reiteration,
and that is what may be now fast ap-
proaching in this debate. Ther~ is no
need to discuss or argue the merits of
this piece of legislation. So I wish in the
few minutes allotted to me merely to
make a few long-overdue observations
as to some credit that is too apt to be
overlooked.
Mr. MURDOCK. Mr. Chairman, will
the gentleman yield for a question before
he goes into that?
Mr. HOBBS. I am delighted to yield
to the distinguished gentleman from
Arizona, always.
Mr. MURDOCK. I am not a lawyer,
as the gentleman knows. I am just
asking the gentleman whether the bill
enacted into law wiJI bring about a gov-
ernment of law l'ather than of men? Is
that the ideal toward which this bill
looks?
Mr. HOBBS. The gentleman has
.phrased it very aptly. It is the ideal
toward which this legislation looks and
moves. Whether or not it wilJ be real-
ized depends upon the construction
which may be placed upon it by the trial
and appellate courts of this land. We
hope and pray that they will so con-
strue this act as to emphasize its plain
mandate and achieve that ideal.
Not only do I wish to compliment the
distinguished gentleman from Pennsyl-
vania, Han. FRANCIS WALTER, who is the
author of the report and who has done
so much in the drafting of this. act
through the years he has worked. but I
also wish to echo the congratulations
that have been showered on the gentle-
man from Iowa, Hon. JOHN GWYNNE, and
 1946 CONGRESSIONAL RECORD-HOUSE
his associates on the subcommittee.
Our late great President, Franklin D.
Roosevelt, in 1939, acting in accordance
with the recommendation of the Hon-
orable Homer Cummings, Attorney Gen-
eral of the United states, recommended
the appointment of a committee to study
the problem this bill seeks to solve. I
Wish also to compliment each of the suc-
cessors of Attorney General Cummings
in that high office, and particularly 6peak
with approval of the work of the present
Attorney General. Hon. Tom C. Clark.
The CHAIRMAN. The time of the
gentleman from Alabama has expired.
Mr. SUMNERS of Texas. Mr. Chair-
man, I yield the gentleman five addi-
tional minutes.
Mr. HOBBS. Mr. Chairman, I would
be unworthy of the occasion, however,
if I did not pay tribute to the work of
the American Bar Association in this
connection, particularly the leadership
of that body and its great special com-
mittee. We all know that Hon. Carl
McFarland has been one of the out-
standing leading spirits in the movement
which is now resulting in the enactment
of this bill. We shOUld also gratefully
praise the administration of the Honor-
able George Maurice Morris, who during
the time he headed that organization, as
his successors have done in emulation
of his example since his day, made it
possible for us to bring to you today
the well-reasoned, carefully drawn bill
which is so soon to become law.
Mr HANCOCK. 'Mr. Chairman, will
the gentleman yield?
Mr. HOBBS. I am always delighted
to yield to the gentleman from New
York.
Mr HANCOCK. May I add the name
of a former very active supporter of this
measure, a former president of the Amer-
ican Bar Association, Arthur P. Vander-
bilt.
Mr, HOBBS. Not only that, sir, but in
Ihe with the gentleman's usual qUick
thinking, he simply beat me to the punch.
I am delighted to make acknowledgment
not only to Hon. Arthur Vanderbilt but
to a long line of ether men who have
aided in their high office.
Mr. Chairman, this is all I really care
to say today. It seems to me that the
Constitution of the United States, has
divided the powers of our Govern-
ment into three coordinate branches, the
legislative. executive, and jUdicial.
These have been swallowed up by some
administrators and their staffs who ap-
parently believed that they were omnipo-
tent. These have exercised all of the
powers of government, arrogating to
themselves TJIore power than ever be-
longed to any man, or group. This has
made necessary the enactment of some
such legislation as is now in process of
passage.
We hope and pray that the plain mean-
ing of this law will be so correctly inter-
preted as to effectuate its high purpose.
Therefore we tha1"k every Member of the
House in advance for the unanimous sup-
port that this bill deserves and will re-
ceive.
Mr. HANCOCK. Mr. Chairman, I
yield 5 minutes to the gentleman from
Kentucky lMr. ROBSIONL
Mr. ROBSION of Kentucky. Mr.
Chairman, I arise in support of Senate
bill 7 which proposes "to improve the ad-
ministration of justice by prescribing fair
administrative procedure." This bill
passed the Senate some time ago, came
to the House and referred to the Commit-
tee on the Judiciary of the House which
committee. after careful consideration,
amended the Senate bill and which, in
my opinion, improves the Senate bill in
line with the purposes of the bill.
I am not a member of the subcommit-
tee of the Judiciary Committee that held
the hearings and considered this bill. I
understand that the subcommittee ap-
proved it by unanimous vote. It then
came to our full committee and as I re-
call there was no serious opposition to the
bill in our full committee. Mr. WALTER
of Pennsylvania is the chairman and Mr.
GWYNNE of Iowa is the ranking Repub-
lican of that snbcommittee. They have
both made splendid speeches in explain-
ing the provisions and purposes of this
legislation. The time for general debate
is more or less lil)1ited. I am sure that
those who are not members of our JUdi-
ciary Committee will find the report on
this bill most enlightening and I urge
each one of you to read the report care-
fully.
This legislation is very necessary and
it is long overdue. It is not as compre-
hensive as it should be. It certainly is a
step in the right direction and as time
goes on no doUbt it will be perfected by
appropriate amendments. Many of our
leading jurists, statesmen, including for-
mer Chief Justice Hughes, many distin-
guished lawyers and judges, the Amer-
ican Bar Association, business people,
and other citizens have strongly com-
mended and urged legislation for the
purposes set forth in this bill. Years ago
we had only a small number of Federal
bureaus, agencies, and commissions, and
a comparatively small number of Federal
offices but as the country has grown and
as its activities have become more diversi-
fied and complex it has been necessary
for the Congress to pass laws delegating
to various agencies their administration,
Congress could not spell out in precise
words the administrtaive powers and
duties of these agencies, It could only
do so in general terms and it was up to
these agencies to issue appropriate rules
in carrying out their administrative
duties within the purpose and intent of
the Congress as expi'essed in the laws
enacted by Congress. This type of legis-
lation and the delegation of powers have
increased from year to year' so that it
now involves many, many agencies and
many, many officerJ. There is no doubt
in my mind but what we have too many
agencies and too many officers. The Fed-
eral officials now, outside of our armed
forces, in this and foreign countries num-
ber approximatelY 3,000.000. In the last
10 or 15 years these Federal agencies and
the number of officials have grown by
leaps and bounds, and the naked fact is
that we do have these agencies and offi-
cials administering hundreds of acts of
Congress and in so doing they have issued
orders, directives, and rules exceeding the
powers granted to them by the Congress.
In other words, they have assumed the
5659
function of making laws. The power to
legislate and make laws rests alone in
the Congress and not within the powers
of any officer of anyone of th2se agencies.
These same officers of these agencies
issue these orders, directives, and rules,
and then they proceed to hail the citizens
and business concerns before them for
investigation, trial, and judgment, and in
that way not only become the law mak-
ers but they interpret their own self-
made laws and execute them, They are
the law makers, prosecutors, juries, and
judges of their own laws.
Mr. SPRINGER. Mr. Chairman, will
the gentleman yield?
Mr. ROBSION of Kentucky. I yield to
my friend from Indiana.
Mr. SPRINGER. Is it not a fact that
every bar association throughout the
country is deeply interested in this legis-
lation beca,use the lawyers do not know
what procedure to follow and they do not
know anything with respect to the law
which is followed by these triers or ad-
ministrators of the laws passed by Con-
gress.
Mr. ROBSION of Kentucky. That is
one of the things I was coming to. They
change the rules of the game from day to
day and without any notice to the Ameri-
can people who will 'be affected by the
directives and rules. As I have stated,
here is a group of men or individuals
making and changing the laws and then
executing them. Our Government is
based upon the principle of three
branches: Congress makes the laws and
the courts interpret them, ane' the exec-
utive branches execute them, but in
many of these agencies we find all of
these fUnctions of the Government lodged
in one person or anf, board and then in
many cases those who are aggrieved of
the actions of the administrator or board
are denied an appeal to the courts. In
some cases where there is an appeal the
courts uphold the administrator's or
board's action if there is any evidence
sustaining the action of the board. It
may be against the overwhelming weight
of the evidence and the rights of the
parties may be ignored. This bill gives
the aggrieved party the right to appeal
to the courts and the court may set aside
or modify the decision of the adminis-
trator or board if they ignore the law,
the Constitution, or substantial evidence.
They cannot sustain a finding or decision
of the administrator or board unless
there is substantial evidence supported.
The administrator or board cannot base
their finding on the scintilla rule.
Mr. DONDERO. Mr. Chairman, will
the gentleman yield?
Mr. ROBSION of Kentucky. I yield
to my friend the gentleman from Michi-
gan [Mr. DONDERO].
Mr. DONDERO. Does this bill go far
enough to inclUde those who might seek
their day in court under OPA regula-
tions?
Mr. ROBSION of Kentucky. As I un-
derstand this bilI, it does not give the
right of appeal in cases where the Con-
gress has expressly stated there can be
no appeal; but unless the right of ap-
peal is denied, I think an appeal could
be taken as a matter of course where
 5660 CONGRESSIONAL RECORD-HOUSE
there was a proper showing that the con-
stitutional rights of the aggrieved party
had been invaded; that the act itself did
'not sustain the award or judgment and
an appeal Can betaken where Congress
prQvided in the act that an appeal could
be taken and the way and manner in
which it could be made. ' entirety will be a valuable asset to the review or a passing upon that evidence,
As I recall, some of the provisions in
the OPA Act provide for an appeal under
certain conditions and circumstances,
but those appeals are, limit~d to the pro-
visions of the acts themselves.
Mr. BENNET of New York. Mr.
Chairman, will the gentleman yield?
Mr. ROBSION of Kentucky. I yield to
the gentleman from, New York [Mr.
BENNETJ.
,Mr. BENNET of New York. Are not
the war agencies eXcluded from this
bill?
Mr. ROBSION of Kentucky. Some of
the acts of Congress expressly exclude
an appeal in some cases, and the bill
before us excludes the Selective ServiCe
Act and a number of other acts.
Mr. HANCOCK of New York. I yield
the gentleman an additional 2 minutes.
The CHAIRMAN. The gentleman
from Kentucky is .recognized for two
additional minutes.
Mr. ROBSION of Kentucky. Some of
the most commendable features of this
bill are:
>
First. It defines "agency," "person,"
"party," "rule," "rule-maki..lg," "order"
and "adjUdication," "license" and
"licensing.." "sanction" and "relief."
Second. It provides that there orders,
rules, and directives can only be adopted
after reasonable notice, and, when once
adopted, they must be published in the
Federal Register. These records are
open to the public, and they cannot be
amended or changed without giving a
hearing to interested parties.
Third. This bill recognizes the prin-
ciples on which our three branches of
government are based so that the prose-
cutor may not get up the evidence,
prosecute' the case, and, at the same
time, decide the case.
Fourth. The interested parties must
be given proper notice of the legal and
factual issues, with due time to examine,
consider, and prepare for them and the
parties who are entitled to appear on
their own behalf or by counsel either an,
attorney at law or other person who has
been admitted to appear before such
board or agency.
Fifth. The agency is required to afiord
the parties an opportunity for settlement
or adjustment of the issues involved
where the nature of the proceeding and
the public interest permit.
Sixth. All presiding officers and decid-
ing officers are to operate impartially.
Such officer may disqualify himself and
a party to the proceeding may file proper'
affidaVit to show that the presiding officer
has personal bias or is otherwise dis-
qualified. These officers may exclUde
irrelevant, immaterial, or unduly repe-
titious evidence.
These are only a few of the many pro-
visions of this bill that leads us to be,;.
lieve that it will improve the administra-
tion of justice in administrativ", pro-
cedure of the various agencies and fur-
MAY 24
ther protect the constitutional rights and Mr. SPRINGER. Mr. Chairman, I
the interest of the ~merican people. _ yield one additional minute to the gentle-
Mr. SUMNERS of Texas. Mr. Chair- man.
man, I Yield 5 minutes to the gentleman Mr. RUSSELL. When an agency has
from Texas [Mr. RUSSELL]. ' such an authorization, which under the
Mr. RUSSELL. Mr. Chairman, at the authorization is the law, then this act is
outset I must agree that this bill in its exempting that agency from l.. judicial
people of America if it is passed. In the regardless of the kind of eVidence it may
main, it seeks to give the courts a little be. .
more function with regard to adminis- Mr. WALTER. Mr. Chairman, will
trative agencies' rulings, decrees, orders, the gentleman yield?
and juqgments. In that respect I am in Mr. RUSSELL. I am glad to yield to
full accord with the terms of the bill. the gentleman.
Being a member of the lawyers' pro- Mr. WALTER. The gentleman is not
fession, I have always looked upon the seriously contending that an agency de-
functions of our courts and the juris- cision based upon a mere scintilla of evi-
prudence of our country in general with dence would hold up?
jealousy and zealousness. I have always Mr. RUSSELL. If. the law hal, made
been able to speak with pride of the ju- it SUCh, it will hold up under this very
risprUdence of the American Government phrase that I, have just read. That is
because of the fundamental principles what I am afraid of.
underlying the rules by which the courts, Mr. WALTER. Well, the very meas-
both trial and appellate, are guided. ure now under consideration is designed
Perhaps 'some of you do not know it, but to prevent that sort of thing, and will
as far as I know, without a single excep- prevent it.
tion each general principle of the rules Mr. RUSSELL. But this is the thing
of evidence that have been adopted by .I am afraid of, that is, giving life to that
the courts is based upon some Biblical power which the measure is supposed to
quotation Every rule is taken from the take away.
Biqle, when you analyze it and run it There is another bill pending in this
back to its source. This fact alone House, a very controversial bill. Per-
should make the American people proud haps you heard of it this week on Cal-
of American jurisprudence. There Is endar WednesdaY, where a provision is
one thing I am somewhat apprehensive embodied in that bill which I do not be-
about in regard to this bill. It is for lieve 25 Members-lO Members-not 5
that reason I take the floor for these few Members-if they understood the legal
minutes. If you will turn with me to effect of that provision, would vote for
page 38 to subsection (c) of section 10, I the bill with that in it, because they
want to read the first part of that para- would be cutting off their own noses and
graph to you. It is as follows: denying themselves a right which they
Every agency actlon made reViewable by hold near aDti dear. 'That SLL-_e provi-
statute and every final agency action for sion is embodied in that bill. If it be-
which there Is no other adequate remedy In comes law, the law making that scintilla
any court shall be subject to judicial reylew. of evidence binding upon the court, then
this bill will not take care of it. That
That is fine. That is excellent. That is my only objection to this bill. I do
is what the American people have been not want to tie the hands of the courts,
clamoring for for the last few years. but throughout the years of American
The Congress has been clamoring for it history there has developed the m'ost
too. The paragraph reads further: beautifUl, the most equitable, the most
Any' preliminary, procedural, or interme- American jurisprudence known through-
diate agency action or rUling not directly out the world, a system of jurisprudence
reViewable shalJ be subject to reView upon under which each man can go into court
the reView of the final agency action.
where justice, and justice alone, will
Now, that is fine. But here is the prevail.
clause or phrase that I am afraid of: I ask you to look into this question be-
Except as otherwise exprersly required by cause I am fearful that by this, provision
statute- you are giving life to that which you
I am afraid of that provision. I am think you are destroying. '
not in a position, because I did not know The CHAIRMAN. The time of the
the bill was up for consideration, and I gentleman from Texas has again ex-
happened into the Chamber and heard pired.
this discussic.n, to answer directly the Mr. HANCOCK. Mr. Chairman, I
way in which I think this would preserve yield 5 minutes to the gentleman from
the dictatorial powers of that agency or New York [Mr. BENNET]. ,
that authorization by law. The law, of Mr. BENNET of New York. Mr.
course, is what the Congress makes. Chairman, I had not expected to speak
There are some laws which I am not able on this subject today. I have been prac-
to point out to you right now which make ticipg law for 25 years. I am certainly
it possible for an agency to pass upon a in sympathy with the prOVisions of this
question presented to them on the basis bill. Nevertheless, I Vlonder if it is fully
of the slightest evidence, whether it be understood by the Members of the House.
relevant or irrelevant, whether it be ma- I want to make the frank admission
terial or immaterial, and whether it be that I read the bill three or four times
prejudicial or not prejudicial. and I have also read the report and I do
The CHAIRMAN. The time of the not fully understand it yet. I just asked
gentleman from Texas has expired. the gentleman from Kentucky [Mr.
Mr. SUMNERS of Texas. Mr. Chair- RoBSION] a question, to which I did not
man, I yield three additional minutes to get the proper answer, which indicates
the gentleman. there may be some misunderstanding
 1946 CONGRESSIONAL RECORD-HOUSE
even on the part of well-informed-Mem-
bel's. My question was: "Does this bill
affect the war agencies?" The gentle-
man indicated he thought it did. It does
not. The.war agencies are expressly 'ex-
empted from the provisions of this bill.
It is against the war agencies that you
hear most of the complaints and criti-
cism. It is against the OPA and the CPA
that you hear most of the criticism.
Mr. WALTER. Mr. Chairman, win
the gentleman yield?
Mr. BENNET of New York. I yield.
Mr. WALTER. Those agencies are
erectect under orders and statutes that
provide a special method of review of
their decisions.
Mr. BENNET of New York. I am well
aware of all that, but what I said, that
they are not covered by this act, still
remains true. Also, that most of the
criticisms are against those agencies.
That remains true.
Mr. GWYNNE of Iowa. Mr. Chairman,
will the gentleman yield?
Mr. BENNET of New York. I yield.
Mr. GWYNNE of Iowa. That matter
was discussed at some length in the com-
mittee. Of course, we hope we are writ~
ing permanent legislation, to be improved
as the years go by. We also hope that
these war agencies will soon be termi-
nated.
Mr; BENNET of New York. I certainly
join in that hope that they will soon be
eliminated. I think the great majority
of the American citizens feel the same
way.
Mr. DONDERO. Mr. Chairman, will
the gentleman yield?
Mr. BENNET of New York. I yield.
Mr. DONDERO. A moment ago I
asked the gentleman from Kentucky
Mr. ROBSIONJ whether or not this bill
was broad enough to permit a person who
got into difficulty with the OPA to have
his day in court. I think the gentleman
expressed doubt whether it did or not.
What is the gentleman's opinion?
Mr. BENNET of New 'Y"ork. My opinion
is that it has nothing to do with the OPA.
Mr. DONDERO. That is a war agency.
It does not cover the OPA, as I under-
stand it.
Mr. BENNET of New York. Under
definitions, section 2, page 22, those agen-
cies and functions Which expire on the
termination of present hostilities or
within any fixed period thereafter, or
before July 1, 1947, are not covered.
That means, war agencies.
Mr. KEFAUVER. Mr. Chairman, wiIl
the gentleman yield?
Mr. BENNET of New York. Gladly.
Mr. KEFAUVER. I.think I shOUld call
the gentleman's attention to the fact
that on page 22, line 3, it provides that
it shall not apply to war- agencies ex-
cept as to the requirements of section 3.
Of course, section 3 requires that their
orders be· made public.' That is about
as far as the committee thought it
s]lOuld go in making it applicable to the
war agencies.
Mr. BENNET of New York. I am
aware of that particular exception. I do
not think it affects the general proPQsi.
tion that I am" advancing.
I am not going to oppOse this bill; I
am trying to make it clear that I donbt
think it is' fully' understQod .by . an .the
Members. Before they vote on it I
thought perhaps they might like to have
a little different apprQach to it. If I
cQrrectly understand this bilI. and I shan
be pleased to have the members of the
cQmmittee tell me if I am wrQng about
it, it does not specifically provide where
an appeal should be taken. for which
reaSQn I assume the appeal would have
to be taken to the District CQurt of the
United States. I am nQt an expert on
these matters, but I think ordinarily bills
of this nature have provided fQr appeals
to the circuit court of appeals. If I am
cQrrect about that, that means It is going
to be quite a lQng-drawn-out process of
appeal in some of these cases.
Mr. WALTER. Mr. Chairman, will the
gentleman yield?
Mr. BENNET of New York. I yield.
Mr. WALTER. The only instance
where an appeal can be taken to the
circuit court of appeals in the· first in-
stance is where there is a special statute
providing that 'method of appeal. In all
other instances the appeal must be di-
rect to the United States district court.
Mr. BENNET of New York. That is
what I said in substance in my state-
ment. But statutes t.ave been passed
which permitted appeals directly to the
circuit court of appeals in order to ~ve
time. There are any number of admin-
istrative agencies covered by this bill
and anybody who believes himself in-
juriously affected by an order can appeal
as I understand It to the district court.
If he is not satisfied with the decision of
the district court he can gO on to the
circuit court of appeals and then to the
United states Supreme Court if they will
grant him (t writ of certiorari. I would
like to have someone tell me whether I
aln correct or not in this statement that
the Pure Food and Drug Administration
could find that some article within its
purview was deleterious to thl public
health and issue an order against Its dis-
tribution. The manufacturer could then
go to the district court appealing from
that decision and obtain an Injuncti-on if
the court saw fit to issue an injunction.
AmI correct in that statement?
Mr. WALTER. The gentleman is en":
;tlrely correct, but I cannot conceive of a
court's granting an Injunction to permit
the further distribution of an article
that was unfit for human consumption.
Mr. BENNET of New York. That may
very well be; nevertheless as I read this
bill it can be done. The same thing
would be true with respect to the Secu-
rities and Exchange Commission iSSUing
an order stating that a certain prac-
tice should not be indulged in. The
aggrieved party could obtain an injunc-
tion and go ahead continuing the alleged
improper practice.
The CHAIRMAN. The time of the
gentleman from New York has expired;
Mr. SUMNERS of Texas. Mr. Chair-
man, I yield 5 minutes to the gentleman
from-Tennessee [Mr. KEFAUVER],
. Mr. KEFAUVER. Mr. Chairman, first
I want to join/with the many Members
who have spoken herein congratulating
the chairman of the committee, the
gentleman .from Texas,. Judge SUM:-
Nli;Rs,and the chairman of. the subcom-
mittee" .the gentJeman from . Pennsyl-
vania [Mr. WALTl.RJ. the ranking minor';'
5661
ity Members, the bentleman from New
York [Mr. HANCOCK], the gentleman
from Iowa [Mr. GWYNNE], and others
on the subcommittee who have worked
so long and so intelligently on this prob-
lem. Our chairli.lan, the gentleman
from Texas, Judge SUMNERS. deserves
special recognition for his good work.
He has worked on the problems of ad-
ministrative practices for many years.
He filed H. R. 1203 and H. R. 4941, which
are the: companion measures to S. 7,
which we have before us today. I sup-
pose that in the files of the Judiciary
Committee you will find more bills, more
proposals, more complaints, and sug-
gestions. about administrative procedure
than any other one SUbject. Certainly,
during the 7 years I have been in
Congress the matter of making pro-
vision to have a uniform system of pro-
cedure in the agencieS of Governmimt has
been one of the vital ones before the Con-
gress and the Nation. The committee is
to be heartily congratulated on finally be-
ing able to get everybody together on at
least a beginning of a settlement, a so-
lution of this difficult problem.
In this compJex day when Govern-
ment is interested in so many things, it is,
of course, necessary to have adminiStra-
tive agencies which must of necessity be
able to make some rules and regulations
and to act in quasi-judicial positions in
certain instances. Congress cannot, by
the very complexity of the situation, make
all of the detailed rules and regulations.
But in connection with the administration
of the agencies, the lawyers of America,
the businessmen, anti interested people
have for many years been perplexed in
trying to find some way to get uniformity
into the making and publication of regu-
lations and in obtaining a review pro-
cedure. Some of the agencies for many
years have resisted various administra--
tive procedure bills that have been' pre-
sented' or- the theory that the bills would
unduly hamstring them in the operation
of their departments.
On the other hand, some lawyers of
America and many others wanted more
drastic rUles for the regulation of agen-
cies than the Congress has been willing
to impose. Finally the agencies have
come to realize that some orderly admin-'
istration must be worked out for them
and they now join in the approval of
this legislation.
Various bar associations and commit-
tees that have worked on this matter
have likewise joined in recommending It.
I have noticed in the debate on the
bill that various Members have felt that
in some instances the bill went too far, in
other instances it did not go far enough;
some things should be done that are not
done and some things should not be done
that are done. This bill will not be en-
tirely satisfactory to everyone but it
marks an excellent begining. Only after
years of practice, experience, and appli-
cation can we come to see the places
where it will need ren:edying and where
it will need strengthening. I think it is
. going to be greatly in the public interest
to have. uniform administration in the
various agencies of the Government.
There is one matter I .feel should be
commented on. and that Is that lawyers
of the United ·States have always been
 5662 CONGRESSIONALRECORD--HOUSE
met with various and different regula-' published them in anyfotm whatsoever,
tionsfor the practice before the various stating thattbey were within the knowl-
agencies. For the average lawyer repre- edge of the chairman or other executive
senting his client in sections distant officials of the agency. The legislature,
from Washington it is very difficult. to taking cognizance of the situation.
. know how to be admitted to practice passed a bill requiring the agencies to
before SOme of the agencies. Some ad- file their rules with the Secretary of
mit anybOdy, some admit lawyers only, State. and appointed a codification board
some admit laymen, and some require composed of the secretary of state, the
specific qualifications. I would like to head of the department of finance, and
see it worked out so that any member of the legislative counsel. The magnitude
the bar who is in gOO~ standing in the of the problem Was disclosed upon the
bar of his own State is at least prima filing of the rules. It required several
facie eligible to practice law before these filing drawers to contain the' existing
various agencies. This could be done rules of some.of the aeencies. Many of
while the bill is in conference. I have the agencies requested assistance in de-
prepared an amendment which I have termining which rules were actually in
shown the chairman of the subcommit- e'lfect at the time, and simHar unfor-
tee and others which will make this tunate situations were disclosed. A sub-
needed improvement. I have had bills sequent legislature provided $7{),OOO to be
pending on the question for years. The used in editing, codifying, anc.i printing
gentleman from New York [Mr. HAN- the rules in effect in the various agencies,
COCK} has a bilI pending to this effect. and order began to repl~ce this chaotic
The question is not complicated and I condition. ' . .'
should like to see it settled satisfactorily Gov. Earl Warren realized that the
in this measure. The chairman of the situation was acute, and in an ad-
subcommittee [Mr. WALTER] indicat.ed he dress to the members of the State bar
thought',well of the proposal. of California called upon them to' assist
Mr: Chairman, I. take this time mainly in the passageof'an administrative pro-
to express my thanks for the job that has cedure act, which would cure many of
been done and to say that this is a great the defects in administrative agency pro-
day for the judiciary of the country, for cedure which were apparent In certain
the Government and the people in that agencies they acted as investigator, pros-
we have made an excellent beginning in ecutor. and judge; in others. matters were
working out these rules and regulations decided without regard to evidence; and
for the various agencies. The commit- in others, the attorney for the agency,
tee,the agencies, the bar associations in effect. decided the questions. Certain
and all who have participated deserve agencies admitted that when their coun-
our deep appreciation. sel objected, his objections were invari-
The CHAIRMAN. The time of the ably sustained. and when the opposition
gentleman from Tennessee has expired. counsel objected, his objections were also
Mr. HANCOCK. Mr. Chairman, I overruled.
yield 1 minute to the gentleman from These agencies had a great deal to do
Caltfornia [Mr. JOHNSONJ. with the life and business of the people
Mr. JOHNSON of \...aIifornia. Mr. of the State, and their effectiveness was
Chairman; in 1943 when Hon. Earl War- being impaired by these procedures.
ren, the present Governor of California, Following the Governor's speech, the .
took office this matter of administrative Judicial Coupcil of California, headed
agencies and their rules and set-up was by the chief justice of the supreme
so acute and confused that he advocated court, and the administrative agencies'
passage of a law laying down the new committee of the State bar of California
and uniform rules and procedures that commenced a study. which resulted in
these agencies should observe. That law the presentation in the 1943 legislature
is almost the same as the pending bill. of an administrative procedure act,
Therefo~e, for the information of the which was passed and thereafter became
Members I would like to make a state- law upon its signature by the Governor.
ment concerning the scope of the opera- It was similar in scope to the present
tion of the California law. If that ex- measure under consideration. It con-
perience is any criterion of what we may cerned itself with the rules and orders
expect with the bill before us, I am con- issued by the agencies, with the method
fident everybody, when this law is of investigation, the conduct of hearings,
enacted, will entirely approve of it. It the findings, with the type of evidence
will do a great measure of justice to which might be introduced; and the scope
litigants who appear before these types of judicial review of the agencies de-
of boards and administrative agencies. cisions and orders.
As I said.. the State of California in Certain California agencies were not
1943 passed a similar measure and it has included within the jurisdiction of the
met with wholehearted approval, not act because they derived their eXistence
only of the agencies coming within the and jurisdiction directly from the Con-
scope· of the measure, but with other stitution of California, and the legisla-
agencies, who now desire to be brought ture did not have authority to include
within its scope. A brief history of the their procedures under the Administra-
background of the Califomia Adminis- tive Procedure Act. Among these agen-
trative Act follows: cies were the Industrial Accident Com-
Some time prior to the war the chaotic mission, and the Railroad Commission of
condition of the rules in effect in various the State of California. Since the act
administrative agencies in the State be- has been in effect it has received the
came COmmon knowledge. Some agen- acclaim and sincere approval,' not only
cies had printed their rules; some had of the bar of California, but of the people
mimeographed them; some had them of the State. and the officials of the
typewritten; and some agencies had not agencies involved. In addition to this,
MAY 24
thechiet omciaIs ·of the constitutional
ag'encies'abovealluded to, have ap-
prOached the Governor of California and
the state bar of the State to ask amend-
ments to the constitution of the State
for the purpose of bringing these agen-
cies under the procedure set up in the
Administrative Procedure Act of Cali-
fornia.
Mr. HANCOCK. Mr. Chairman, I yield
·5 minutes to the gentleman from Ten-
nessee [Mr. JENNINGS]. . .
Mr. JENNINGS. Mr. Chairman, this
bill is a step in the right direction, but
many more of the same tenor and effect
need to be taken'by Congress. This Gov-
ernment was primarily set up for three
general purposes; first, to protect itself
and its citizens against foreign aggres-
sion; second, to protect the law-abiding
members of society against t.he fraud and
violence of the lawless members of so-
ciety; and, third, through the first 10
amendments, to protect its citizens
against the encroachment on their li'3er-
ties and the destruction of their lives and
property rights ly the Government itself.
It is one of the paradoxes, one of the
tragedies of history, that men and women
must sacrifice. fight, and die to establish
a Government· such as our fathers and
mothers set up and then are compelled
to fight their own Government to pro-
tect themselves against assaults on their
liberty, lives, and property. This fact
made necessary the adoption of the Bill
of Right embodied in the first 10 amend-
ments to the Federal Constit·.1tion. They
cover the citizen all over with the armor
of the law. And nQ bureaucrat should be
permitted to strip the citizen of their
protection.
The Federal Government now touches
,almost every activit.y that arises in the
lives of millions of people who make up
the population of this COUll try. The
chief indoor sport of the Federal bureau-
crat is to evolve out of his own inner
consciousness, like II spider spins his web,
countless confusing rules and regula-
tions which may deprive a man of his
property, his liberty. and bedevil the very
life out of him.
Recently· Westbrook Pegler dissected
an interesting speech by a young lady
who is an official in one of the bureaus
here in Washington. I was interested
in his article' because I heard her make a
speech not so long .ago at a meeting of
the Federal Bar Association in which
she said that this bilI was p~nding before
the two Houses of Congress, and that the
Federal bureaucrats and lawyers who
served these bureaus and bureaucrat.s
should be on their toes and should do
their best to prevent the passage of this
bilI or any similar bill because she said
that it would put t1.,e Federal bureaucrats
and the lawyers whom they had on their
pay rolls in a strait-jacket.
• Well, 1 was interested in that frank
confession and I became interested in fit-
ting a restraining legal strait-jacket on
these people who have been harassing the
citizens of. this country. As 1 have said,
one of the:r principal indoor sports is to
promulgate these rules and regulations.
Now, this bill does three things gen-
erally, you might say. It puts a legal re-
straint upon the power bf these bureaus
to promulgate rules and regulations and
 1946 CONGRESSIONAL RECORD-HOUSE
gives the citizen who may be affected by
them the right to a hearing, to make sug-
gestions, and to enter protest against the
proposed rule, and then it gives the citi-
zen the right to a htaring before these
bureaus. It requires that the rules and
regulations shall be made public, and as a
last resort when the citizen has exhaust-
ed his remedy before some Federal bu-
reau here in Washington, he has a right
to gO into court and undertake to proiect
himself.
I just want to read some of the things
that this enterprising young woman had
to say. Mr. Pegler said of her speech be-
fOre a meeting of the Texas Bar Associa-
tion:
Though cynical, Miss Rawalt was thorough-
ly honest and practical. The citizen occupied
no place in her remarks. Her message was
an exhortation to her fellow lawyers to get
aware of the existence of government by
bureaucracy and to grr b off their share of
the loot from a Nation bedeviled by confusing
and harassing rUles, regulations and inter-
pretations, many of them improvised by New
Deal bureaus operating as courts.
• • • the extent to which the citizen
has been elbowed out of court and into New
Deal bureaus for his justice, constantly In
need of lawyers to keep him out of jail, is
thoroughly convinCing Miss Rawalt certainly
would not exaggerate.
"Speaki .1g of opportunity," the lady said,
"are the lawyers of this country, men and
women, going to take full advantage of their
opportunities in administrative law? It Is
the most rapidly expanding area of law prac-
tice today. There are some 217 special courts,
bureaus and commissions which today decide
upon and administer various Federal laws
directly affecting citizens and business firms
in this country. This does not take into ac-
count similar State quasi-judicial bodies.
Administrative law, through the Federal
Communications Commission, regulates the
programs you hear on your radio and de-
termines the use of the telephone and tele-
graph in our country today. Administrative
law, through the rederal Trade Commission,
determines various trade practices within the
industries of this Nation. Administrative
law, through the OPA and other departments,
regUlates what food you may bUy and what
you may pay for It. Concurrent with the
phenomenal growth in this field of law, there
has been a sudden decrease In the number
of lawyers.
Then this young woman told the Texas
lawyers that they should "stake their
claim in this promising professional gold
mine now and avoid the costly process of
ejectment of others who have laid claims
thereto." She urged them to familiarize
themselves with the bureau where this
administrative law is administered. She
also called their attention to the fact that
a certain proVision which was expressed
in 500 words in the original income-tax
law now runs to 2,300 words.
Then she stressed the statement of
Mr. Justice Frankfurter, who recently
said in ;me of his opinions.:
The notion that because the words of a
statute al'e plain, its meaning also is plain,
ts merely pernicious oversimplification.
In other words, words do not mean
what they.say and things are not as they
appear to the naked eye and to ordinary
human intelligence.
Mr. Chairman, for the reason I have
stated and for many other reasons that
might be stated, I hope this bill is en-
. acted by this House as passed by the
Senate. It will give a long-suffering
public much-needed relief.
Mr. CURTIS. Mr. Chairman, will the
gentleman yield?
Mr. JENNINGS. I yield to the gentle-
man from Nebraska.
Mr. CURTIS. I will say to the gentle-
man from Tennessee that I shall support
this measure. I think the gentleman
made one point that should be well re-
mem'Jered, that this is only a step in
establishing a government of law in these
days of bureaus. I hope the time will
soon come when we can standardize the
procedure before all these bureaus so that
the lawyer who lives near the citizen can
find out what the procedure is before
these various bureaus.
Mr. JENNINGS. And may represent
him in a court among his own people
and in his own State. It was never con-
temPlated or intended by the founders of
this Republic that the power to .legislate
vested in CGngress should be usurped by
a bunch of appointive officers here in
Washington who were never elected by
any constituency and never could be.
Mr. SUMNERS of Texas. Mr. Chair-
man, I yield myself the remainder of the
time.
Mr. Cl:).airman, this is one of the most
important items of legislation that has
been reported by the Committee on the
Judiciary since I have been a member
of that committee, and one of the most
important that has been considered by
this House in a long time. I do not be-
lieve any item of legislation that I know
of has received broader and more earnest,
patriotic consideration by so many
grou::Js of our citizenship, as well as Gov-
ernment agencies themselves and indi-
viduals in different branches of the
Government service.
The subcommittee of the Committee on
the Judiciary which had first responsi-
bility is Subcommittee No.3, of which
the gentleman from Pennsylvania [Mr.
WALTER] is the able chairman, and
the gentleman from Tennessee [Mr.
KEFAUVER], the gentleman from South
Carolina [Mr. BRYSON], the gentleman
from Massachusetts [Mr. LANE], the gen-
tleman from Iowa [Mr. GWYNNE], the
gentleman from Connecticut [Mr. TAL-
BOTl, and the gentleman from Ohio [Mr.
LEWIS] members of that subcommittee,
have done a fine job, as has the entire
membership of the Judiciary Committee.
There have been differences of opinion,
but in the main they have been composed
during the long consideration of the
legislation.
An interesting historical fact about
this bill is that the American Bar Asso-
ciation began to manifest interest in this
type of legislation as far back as 1935.
William L. Ransom was then its presi-
dent. Through the intervening adminis-
tration of Presidents Frederick H. Stinch-
field, Arthur T. Vanderbilt, Frank J,
Hogan, Charles A. Beardsley, Jacob M.
Lashly, Walter A. Armstrong, George
Maurice Morris, Joseph W. Henderson,
David A. Simmons, and Willis Smith that
interest has continued reaching out into
all parts of the country, resulting in in-
valuable contributions toward this final
result. In this connection I want to
mention with especial appreciation the
5663
service of Mr. Carl McFarland, chairman
of the special administrative law com-
mittee of the American Bar Association,
and his associates on that committee,
Messrs. Albert Ewing, Jr., Aaron Ford,
Reuben Hall, Ralph M. Hoyt, Charles E.
Lane, Harry J. McClean, W. James Mac-
intosh, Clarence A. Miller, Roland F.
O'Bryen, George Rossman, Mayo A.
Shattuck, Julius C. Smith, Sylvester C.
Smith, Jr., and Burt J. Thompson. And
to this list I want to add Mr. Ashley
Sellers. who represented the Attorney
General. This legislation has been ex-
amined by more different groups of peo-
ple than any other I know of, and a
remarkable unanimity of attitude has
been worked out.
_\s far as I am concerned, I hope that
much of this power that is being admin-
istered by the Federal Government
through these agencies can be got rid of
entirely and that some of th. rest be sent
back into the States. But after that is
done there will remain, of course, neces-
sary Federal powers in Federal agencies.
This bill seeks to bring the exercise of
these powers into the general pattern of
democratic government. In framing
this bill there has been caution not to
incorporate provisions which would re-
duce the efficiency of these agencies
which must be depended upon to render
importl'nt public service. It is believed
that has been done. In fact, this bill, it
seems generally agreed, goes far in the
right direction-as far as we can safely
go, at least until we shall have got the
g'1idance of experience. The gentleman
from Pennsylvania [Mr. WALTERl and the
members of his cubcommittee have ren-
dered a great public service. I hope the
bill will be unanimously passed, and with-
out amendment.
I very much hope and expect that this
bill will be accepted by the House as it
has been reported by the committee.
There is every reason to believe that the
modifications of the Senate bill which
are jncorporated in this bill will be satis-
factory to the Senate; that there will be
early action by that body; that the Presi-
dent will promptly approve; and this im-
portant, long-needed legislation will soon
be on the statute books.
Mr. WALTER. Mr. Chairman, I yield
2 minutes to the gentleman from Mis-
sissippi [Mr. RANKIN].
ICKES THE "OPTOMIST"
Mr. RANKIN. Mr. Chairman, our old
friend Harold L. Ickes, seems to be g'O-
ing "hay wire."
He seems to think he is Secretary of
the Ex-terior, and is constantly shadow-
boxing with himself.
The other night he attended a Negro
banquet downtown and made a speech
in which he attacked the white people of
the South, especially of Mississippi, and
more especially of my congressional dis-
trict.
He is quoted as having said that I was
elected by only 3 percent of the voters
of the district.
Of course, every intelligent man knows
that in those States where we have no
opposition in the general election the
vote is always light.
The next day, after his speech, two
Negroes were discussing it out here on
5664 CONGRESSIONAL
the streets. One of them said: "You
know what's the matter wid Mr. Ikus?"
The other one asked, "What you think
is wrong wid 'im?"
"Well," he said, "he seems to be puffed
up wid his own consequences."
The other one said, "You's wrong; Mr.
Ikus is just an optomist."
The first one asked: "What is a opth.
mist?"
The other one said: "An optomist is
a fella 't just don't give a damn what
happens, so it don't happen to him."
The CHAIRMAN. The Clerk will read.
The Clerk read, as follows:
"Be it enacted, etc., That this act may be
cited as the "Administrative Procedure Act."
With the following committee amend-
ment:
Strike out all after the enacting clause and
insert:
"TITLE
"SECTION 1. This act may be cited as the
'Administrative Procedure Act.'
"DEFINITIONS
"SEC. 2. As used in this act-
"(a) Agency: 'Agency' means each author-
ity (whether or not within or subject to re-
view by another agency) of the Government
of the United States other than Congress, the
courts, or the governments of the posses-
sions, Territories, or the District Of Columbia.
Nothing in this act shall be cOnstrued to reo
peal delegations of authority as provided by
law. Except as to the requirements of sec-
tion 3, there shall 'be excluded from the oper-
ation of this act (1) agencies composed of
representatives of the parties or of repre-
sentatives of organizations of the parties to
the disputes determined by them, (2) courts
martial and military commissions, (3) mili-
tary ,or naval authority exercised in the field
in time of war or in occupied territory, or
(4) functions which by law expire on the
termination of present hostilities, within any
fixed period thereafter, or before JUly I, 1947,
and the functions conferred by the following
statutes: Selective Training and Service Act
of 1940; Contract Settlement Act of 1944;
Surplus Property Act of 1944.
"(b) Person and party: 'Person' includes
indiViduals, partnerships, corporations,. asso-
ciation, or public or private organizations of
any character other than agencies. 'Party'
includes any person or agency named or ad-
mitted as a party, or properly seeking and
entitled as of right to be admitted as a party,
in any agency proceeding; but nothing herein
Ihall be construed to prevent an agency from
"dmitting any person or agency as a party for
'Ilmited purposes.
"(c) Rule and rUle making: 'Rule' means
the whole or any part of any agency state-
ment of general or particular applicabUity
and future e1l'ect designed to. implement,
interpret, or prescribe law or policy or to
describe the organization, procedure, or prac-
tice reqUirements of any agency and includes
the approval or prescription for the future of
rates, wages, corporate or financial struc-
tures or reorganizations thereof, prices, facili-
ties, appliances, services or allowances there-
for or of .valuations, costs, or accounting, or
practices bearing upon any of the foregoing.
'RUle making' means agency process' for the
formUlation, amendment, or repeal of a rule.
"(d) Order and adjUdication: 'Order'
means the whole or any part of the final
disposition (whether affirmative, negative,
injunctive, or declaratory in form) of any
agency in any matter other than rule making
but including licensing. 'AdjUdication'
means agency process for the formulation Of
an order.
.. (e) License and licensing: 'License' in-
clUdes the Whole or part of any agency per-
mit, certificate, approval, registration, char-
RECORD~HOUSE
tet', membership; statutory exemption. or
other form of permIssion. 'Licensing' in-
eludes agency process respecting the .grant.
renewal, denial, revOcatiOIi, suspension, an·
nUlment, .withdraWal, limitation. amend-
ment, modification, or conditioning Of a
license.
"(f) Sanction and relief: 'Sanction' in-
cludes the whole or part of any agency. (l)
prohibition, requirement, limitation, or other
condition aiJectlng the freedom of any per"
son; (2) withholding of relief; (3) impOSition
of any form of penalty or fine; (4) destruc-
tion, taking, seizu;e, or withholding of prop-
erty; (5) assessment of damages, reimburse-
ment, restitution, compensatior., costs,
charges, or fees; (6) requirement, revoca-
tion, or suspension of a license; or (7) tak-
ing of other compUlsory or restrictive actlop.
'Relief' inclUdes the whole or pai't of any
agency (1) grant of money, assistance, li-
cense, authority, exemption, exception, privi-
lege, or remedy; (2) recognition of any claim,
right, immunity, privilege, exemption, or ex-
ception; or (3) taking of any other action
upon the application or petition of, and bene-
ficial to, any person.
"(g) Agency proceeding and action:
'Agency proceeding' means any agency process
as defined in subsections (c), (d), and (e)
of this section. 'Agency action' includes the
whole or part of every agency rule, order,
license, sanction, relief, or the eqUivalent or
denial thereof, or failure to act.
"PUBLIC INFORMATION
"SEC. 3. Except to .t4e extent that there is
involved (1) any function of the United
States reqUiring secrecy In the public Interest
or (2) any matter relating, solely to the in-
ternal management of an agency-
"(a) Rules: Every agency Shall separately
state and currently publish In the Federal
Register (1) descriptions of its central and
field organization delegations by the agency
of final authority and the established places
at which, and methods whereby. the public
may secure Information or make s~bmlttals
or requests; (2) statements of the general
course and method by which its functions are
channeled and determined, inclUding the
nature and reqUirements of all formal or in-
formal procedures available as well as forms
and instructions as to the scope and contents
of all papers, reports, or examinations; and
(3) SUbstantive rules adopted as authorized
by law and statements of general policy or
Interpretations formulated and adopted by
the agency for the gUidance of the public, but
not rules addressed to and served upon named
persons in accordance with law. No person
shall in any manner be reqUired to resort
to organization or procedure not so published.
"(b) Opinions and orders: Every agency
shall publish or, In accordance With pub-
lished rule, make avallable. to public inspec-
tion all final opinions or orders in the adjudi-
cation of cases (except those required for
good cause to be held confidential and not
cited as precedents) and all rules.
"(c) Public records: Save as otherwise re-
quired by statute, matters of official record
shall in accordance with published rule be
made available to persons properly and di-
rectly concerned except information held
confidential for good cause found.
"RULE MAKING
"SEC. 4. Except to the extent that there Is
involved (1) any military, naval, or foreign
a1fairs function of the United States or (2)
any matter relating to agency management
or personnel or to pUblic property, loans,
. grants, benefits, or contracts--
"(a) Notice: General notice of proposed
rule making shall be pUblished in the Fed-
eral Register (unless all persons sUbject
thereto are named and either personally
served or otherWise have actual notice there-
of in accordance with law) and Shall include
(1) a statement of the time, place, and nature
MAY 24
of public rule-making proceedlnlW (2) refer-
ence to the authority under WhlCh'the rule is
proposed; and (3) either the terms or sub-
stance of the proposec:!. ruie or a description
of the SUbjects and issues involved. Except
where notice or hearing is required by statute,
this SUbsection shall not apply to interpreta-
tive rUles, general statements of policy, rules
of agency organization, procedure, or prac-
tice, or in any situation in which the agency
for good cause finds (and incorporates the
finding and a brief statement of the reasons
therefor in the rules Issued) that notice and
public procedure thereon are impracticable,
unnecessary, or contrary to the pUblic In-
terest.
" (b) Procedures: After notice reqUired by
this section. the agency shall afford inter-
ested persons an opportunity to participate
in the rule making through submission of
written data, views, or arguments with or
without opportunity to present the same
orally in any manner, and, after consideration
of all relevant matter presented, the agency
shall incorporate in any rules adopted a con-
cise general statement of their basis and pur-
. pose. Where rules are required by statute
to be made on the record after opportunity
for an agency hearing, the reqUirements of
sections 7 and 8 shall apply in place of the
provisions of this SUbsection,
"(c) Effective dates: The required pUbli_
cation or service of any substantive rule
(other than one granting or recogniZing
exemption or relieving restriction or inter_
pretative rUles and statements of policy)
Shall be made not less than 30 days prior to
the effective date thereof. except as otherWise
prOVided by the agency upon good cause
found and pUbliShed with the rUle.
"(d) Petitions: Every agency shall accord
any interested person the right to petition
for the issuance, amendment, or repeal Of a
rule.
UADJUDICATION
':SEC. 5. In every case of adjUdication re-
qUIred by statute to be determined on the
record after opportunity for an !lgency hear-
ing, except to the extent that there is In-
volved (1) any matter SUbject to a SUbse_
quent trial of the law and the facts de novo
in any court; (2) the selfection or tenure of
an officer or employee of the United States
other than examiners appointed pursuant to
s~ction 11; (3) proceeding in Which deci-
SIOns rest solely on inspections, tests, or elec_
tions; (4) the conduct of military, naval, or
foreign-aiJairs functions: (5) cases in whiCh
an agency is acting as an agent for a COurt.
and (~) the certification of employee repre:
sentatives-
"(a) Notice: Persons entitled to notice of
an agency hearing shall be timely Informed
of (1) the time, place, and nature thereOf'
(2) the legal authority and jurisdiction un~
der which the bearing is to be held; and
(3) the matters of fact and law asserted
In insts:nces in Which private persons ar~
the !?ovmg parties, other parties to the pro-
ceedmg shall give prompt notice of "isSUes
controverted in fact or law; and in other in_
s~ances agenCies may by rule reqUire respon_
SIve pleading. In fixing the times and places
for hearings, due regard shall be had for the
convenience and necessity of the parties or
their representatives.
"(b) Procedure: The agency shall afford
all interested parties opportunity for (1) the
submission and consideration of facts, argu_
ment, oiJers of settlement, or proposals of
adjustment where time, the nature of the
proceeding, and the pUblic interest permit
and (2) to the extent that the parties ar~
unable so to determine any controversy by
consent, hearing, and decision upon notice
and In conformity with sections 7 and 8.
"(c) Separation of functions: The same
officers who preside at the reception ot
eVidence pursuant to sectfon 7 shall make
the recommended decision or initial decision
 1946 CONGRESSIONAL RECORD-HOUSE
required by section 8 except where such offi-
cers become unavailable to the agency. Save
to the extent required for the disposition of
ex parte matters as authorized by law, no
such officer shall consult any person or party
on any fact In Issue unless upon notice and
opportunity for all parties to participate;
nor shall such officer be responsible to or
sUbject to the supervision or direction of any
officer. employee, or' agent engaged In the
performance of Investigative or prosecuting
functions for any agency. No officer, e~­
ployee, or agent engaged In the performance
of ir vestigatlve or prosecuting functions for
any agency in any case shall, in that or a
factually related case, participate or advise
in the decision, recommended decision, or
agency review pursuant to section 8 except
as Witness or counsel in public proceedings.
This subsection shall not apply in determin-
ing applications for initial licenses or to
proceedings involving the validity or appli-
cation of rates, facilities, or practices of pub-boards or other officers specially provided for
lic utilities or carriers; nor shall it be appli-by or designated pursuant to statute. The
cable in any manner to the egency or any
member or members of the body comprising
the agency.
"(d) Declaratory orders: The agency is au-
thorized in Its sound discretion, with like
effect as in the case of other orders, to Issue qualified; and, upon the filing In good faith
a declaratory order to terminate a contro-
versy or remove uncertainty.
"ANCILLARY MATTERS
"SEC. 6. Except as otherwise provided In
this act-
"(a) Appearance: Any person compelled to . hearings shall have authority, SUbject to the
appear in person before any agency or rep-
resentative thereof shall be accorded the
right to be accompanied, represented, and
advised by counselor, If permitted by the
agency, by other qualified representative.
Every party shall be accorded the right to
appear In person or by or With counselor-
other duly qualified representative In any
agency proceeding. So far as the orderly
condUct of pUblic ousiness permits, any In-
terested person may tlPpear oefore any
agency or Its responsible officers or employees ters, (8) make decisions or recommend de-
for tbe presentation, adjustment, or deter-
mination of any Issue, request, or controversy (9) take any other action authorized by
In any proceeding (interlocutory, summary,
or otherwise) or In connection with any
agency function. Every agency shall pro-
ceed with reasonable dispatch to conclude
any matter presented to It except that due
regard shall be had for the convenience and
necessity of the parties or their representa-
tives. Nothing herein shall be construed
either to grant or to deily to any person who
Is not a lawyer the right to appear for or
represent others before any agency or In any
agency proclleding.
"(b) Investigations: No process, reqUire-
ment of a report, inSpection, or other Inves-
tigative act or demand shaH be Issued, made,
or enforced In any manner or for any pur-
pose except as authorized by law. Every
person compelled to submit data or. evidence
shall be entitled to retain or, on payment of
laWfully prescribed costs, procure a copy or
transcript thereof, except that In a nonpublic determining 'claims for money or benefits or
Investigatory proceeding the witness may for
good cause be limited to Inspection of the
official transcript of his testimony.
"(c) Subpenas: Agency sUbpenas author-
Ized bylaw shan be issued to any party upon
request and, as may be required by rules of
procedure, upon a statement or showing of
general relevance and reasonable 'scope of the requests filed in the proceeding, shall con-
evidence sought. Upon contest the court
shall sustain My such subpena or similar
process or demand to the extent that It Is
found to be In accordance with law and, In
any proceeding for enforcement, shall Issue
an order requiring the appearance of the wit-
ness' or the production of the evidence, or
data within a reasonable time under penalty
.of punishment forcol'ltempt 'in cafleofcon-
tumaclous failUre to comply.
" (d) Denials: Prompt notice shaH be given
of the denial in Whole or in part of any writ-
ten application, petition, or other request of
any interested person made In connection
With any agency proceeding. Except in
affirming a prior denial or where the denial
is self-explanatory, such notice shall be ac-
companied by a simple statement of proce-
dural or other gro\lnds.
"HEARINGS
"SEC. 7. In hearings which section 4 or 5
requires to be conducted pursuant to this
section-
"( a) Presiding officers: There shall preside
at the taking of evidence (1) the agency,
(2) one or more members of the body which
comprises the agency, or (3) one or more ex-
aminers appointed as provided in this act;
but nothing In this act Shall be deemed to
supersede the conduct of specified classes of
proceedings in whole or part by or before
functions of all presiding officers and of offi-
cers participating In decisions in conformity
with section 8 shall be conducted In an im-
partial manner. Any such officer may at
any time withdraw If he deems himself dis-
of a timely and sufficient affidavit of per-
sonal bias or disqualification of any such
officer, the agency shall determine the matter
as a part of the record and decision in the
case.
"(b) Hearing powers: Officers presiding at
published rules of the agency and within Its
powers, to (1) administer oaths and affirma-
tions, (2) issue subpenas authorized by law,
(3) rule upon offers of proof and receive
relevant evidence, (4) take or cause deposi-
tions to be taken whenever the ends of
justice would be served thereby, (5) regUlate
the course ot the hearing, (6) hold conter-
ences for the settlement or simplification of
the Issues by consent of the parties, (7) dis-
pose of procedural requests or similar mat-
cisions in conformity with section 8, and
agency rule consistent with this act.
"(c) Evidence: Except as statutes other-
wise prOVide, the proponent of a rule or
order shall have the burden of proof. Any
oral or. documentary evidence may be re-
ceived, but every agency shall as a matter
of policy prOVide for the exclusion of Irrele-
vant, Immaterial, or unduly repetitious evi-
dence and no sanction shall be imposed or
rule or order be Issued except upon con-
sideration of the Whole record or such por-
tions thereof as may, be. cited by any party
and as supported by and in accordance With
the reliable, probative, and SUbstantial evi-
dence. Every party shall have the right to
present his case or defense by oral or docu-
mentary evidence, to submit rebuttal. evi-
dence and to conduct, such cross-examina-
tion ~ may be reqUired for a full and true
disclosure of the facts. In rUle making or
applications for initial licenses any agency
may, where the interest of any party, will
not be prejudiced thereby, adopt procedures
for the submission of all or part .of the evi-
dence in written form.
"( b) Record: The transcript of testimony
and exhibits, together with all papers and
stitute the exclusive record for decision In
accordltIlce with section 8 and, upon pay-
ment of lawfully prescribed costs, shall be
made available to the parties. Where any
agency decision' rests on official notice of a
material fact. not appearing in the eVidence.
in the record; any .party shalLon timely re,.
quest be attQ1'dedan opportunitytosh~w the
contrarY· . With. all la.wful req\lirements. In any casE>
5665
"DECISIONS
"SEC.. 8. In cases in Which a hearing is
reqUired to be conducted in conformity with
section 7-
"(a) Action by subordinates: In cases in
which the agency has not presided at the
reception of the rVidence, the officer who'
presided (or, in cases not subject to sub-
section (c) of section 5, any other officer or
officers qualified to preside at hearings pur-
suant to section 7) shall Initially decide the
case or the agency shall reqUire (in specific
cases or by general rule) the entire record
to be certified to it for Initial decision,
Whenever such officers make' the 'Initial de-
cision and in the absence of either an ap-
peal t.o the agency or review upon motion of
the agency within time provided by rule,
such decision shall without further proceed-
ings then become the decision of the agency,
On appeal from or review of the initial de.
cisions of such officers the agency shall, ex-
cept as it may limit the Issues upon notice
or by rule, have all the powers which it would
have in making the initial decision. When-
ever the agency makes the initial decision
without haVing presided at the reception of
the evidence, such officers shall first recom-
mend a decision except that in rUle making
or determining applications for initial li-
censes (1) in lieu thereof the agency may
issue a tentative decision or any of its re-
sponsible officers may recommend a decision
or (2) any such procedure may Oe omitted
in any case In whiCh the agency finds upon
the record that due and timely execution
of its function imperatively and unavoidably
so requires.
"(b) SUbmittals and decisions: Prior to
each recommended, initial, or tentative deci-
sion, or decision upon agency review of the
decision of'sUbordinate officers the parties
shall be afforded a reasonable opportunity to
submit for the consideration of the officers
participating In such decisions (1) proposed
findings and conclusions, or (2) exceptions to
the decisions or recommended decisions ot
subordinate officers or to tentative agency
decisions, and (3) supporting reasons for
such exceptions or proposed findings or con-
clusions. The record shall show the ruling
upon each such finding, conclusion, or ex-
ception presented. All decisions (including
initial, recommended, or tentative decisions)
shall become a part of the. record and in-
clude a statement of (1) findings and con-
clusions, as well lis the reasons or tasis there-
for, upon all the material issues of fact, law,
or discretion presented on the record; and (2)
the appropriate rule, order, sanction, relief,
or denial thereof,
"SANCTIONS AND POWERS
"SEC. 9. In the exercise of any power or
authority-
"(a) In general: No sanction shall be im-
posed or substantive rUle or order be issued
except within Jurisdiction delegated to the
agency and as authorized by law,
"(b) Licenses: In any case in which ap-
plication is made for a license required by
law the agency, with due regard to the rights
or priVileges of all the interested parties or
adversely affected .persons and with reason-
able dispatCh, shall set and complete any
proceedings required to be conducted pur.
suant to sections 7 and 8 of this act or other
proceedings required by law and shall make
its decision. Except in cases of w11lfulness or
those in which public health, interest, or
Safety reqUires otherwise, no withdrawal, sus-
pension, revocation, or .annulment of any
license shall be. lawful unless, prior to the
institution of agency proceedings therefor,
facts or conduct which maY warrant such
action shall have been called to the attention
of the licensee by the agency in writing and
the licensee shall have 'been accorded 0PP(lr'-
tunity to demonstrate or achieve compliance
 5666 CONGRESSIONAL RECORD-HOUSE
in which the licensee has, in accordance with
agency rules. made timely and sufficient ap-
plication for a renewal or a new ltcimse. no
license with reference to any activity ota
continulng nature shall expire until such ap- , other laws to the extent
plication shall have been tlnally determined
by the agency.
."JU»ICLU. REVIEW
"SEc. 10. Except so far as (1) statutes pre-
clUde judicial review or (2) agency action is
by law committed to agency discretion-
"(a) Right of review: Any personsutrering
legal wrong because of any agency action, or
adversely affected or aggrieved by such action
within the meanIng at any releVant statute,
shall be entitled to jUdicial review thereof.
"(b)Form and venue of action: The form
of proceedJ.1lg for Judicial review sball be any
special statutory review· proceeding relevant
to the SUbject matter in any court specified
by statute or, In the absence or inadequacy
thereof, any applicable form of legal action
(inclUding actions for declaratory Judg-
ments or writs at prohibitory or mandatory
injunction or habells corpus) In any court of
competent Jurisdiction, Agency action shall
be sUbject to judicial review In civlI or
criminal proceedings for judicial enforce-
ment except to the extent that prior, ade-
quate. and exclusive opportunity for sucb re-
View is ·provided by Jaw.
"(c) Reviewable acts: Every agency action
made reViewable by. statute and every final
agency action for which there Is no other
adequate remedy in any court shaH be sub-
Ject to Judicial review. Any preliminary, pro-
cedural, or IntermedIate .agency action or
ruling not directly reviewable'shall be sUbject
to revIew upon the review of the tinal agency
action. Except as otherwise expressly re-
quired by statute, agency action otherwise
final shall be tinal tor the purposes of thIs
subsectIon whether or nOt there has been
presented or determfnedany appUcatfon for
a declaratory order, for any form of recon-
sideration, or (unless the agency otherwtse
requires by rule and prOVides that the ac-
tion meanwhile shall be inoperative' for an
appeal to superior agency authority.
"Cd) InterIm relief: PendIng JUdicial re-
View any agency is authorized; where It finds
that JustIce SO reqUires, to postpone the
e!fectlve date of any action taken by it. Up-
on such conditions as may be required and
to the extent necessary to prevent irreparable
injury, every revieWing court (Including every
court to whIch a case may be taken on ap-
peal from or upon appl1catlon for certiorari or
other writ to a reVieWing court) Is author-
Ized to Issue all necessary and appropriate
process to postpone the e!fective date of any
agency action or to preserve status or rights
pending conclusion ot the reView proceedings.
"Ce) Scope of review: So far as necessary
to decision and where presented the reView-
ing coUrt shall decide all relevant questions
of law. interpret constitutional and statu-
tory provisions, and determine the meaning
or applicablllty of the terms of any agency
action. It shall fA) compei agency action
unlaWfully withheld or unreasonably de-
layed; and (B) hold unlawful and set aside
agency action, findings, and conclusions
found to be (1) arbitrary. capricious. an abuse
of discretion, or otherWise not in accordance
With law; (2) contrary to constitutional right,
power, priVilege. or immunity; (3) in excess
of statutory Jurisdiction, authority, or llmi-
tatlons. or short of statutory right; (4) With-
out observance of procedure required by law;
(5) unsupported by substantial eVidence In
any case subject to the requirements of sec-
tions 7 and 8 or otherwise reviewed on the
record of an agency hearing provided by
statute; or (6) unwarranted by the facta to
the extent that the facts are SUbject to trial
de novo by the reviewing coW't. In making
the foregoing determinations the court shall
review the Whole record or such portions
thereof as may be cited by any party, and due
account shall be taken of the rute of pr&Judi-
cial error.
-J!l{!lMl'NEIlS
"SEC. Il. SUbject
to the civiI-service and
not inconsistent
With this act. there shall be appoiIited by
and for each agency as many qualified and
competent examiners as may be necessary
for proceedings pursuant to sections 7 and 8,
who shall be assigned to cases in rotation so
far as practicable and shall perform no
dutl.es Inconsistent With their duties and
responsibilities as examiners. Examiners
shall be removable by the agency In which
they are emplC'yed only for good cause estab-
llshed and determined by the CIvil Bervice
Commisslo!l (hereinafter. called the Commis-
sion) after opportunity for hearing and upon
the record thereof. EXaminers shall receive
compensation prescribed by the Commission
Independently of agency recommendations or
ratings and In accordance with the Classitl-
cation Act of 1923, as amended, ex.cept that
the provisions of paragraphs (2) and (3) of
subsection (b) of section 7 of said act, as
amended, and the prOVisions of sectlon 9 of
said act, as amended, shall not be applicable.
Agencies occasionally or temporarily Insuf-
ficiently sta1fed may utilize examiners se-
lected by the Commi8&ion from and with the
. consent of other agencies. For the purposes
of this section, the. Commi.s&lon Is author-
ized to make Investigations, require reports
by agencies, IsSUe reports, including an an-
nual report to the. Congress. promulgate
rUles, apPo!nt such advisory committees as
malJ be deemed necessary, recommend legIs-
lation, subpena Witnesses or records. and pay
witness. fees as established for the United
States courts.
"CONBTROC'l'ION AND ElTECT
"8I;:c. 12. Nothing In this act shall be held
to diminIsh the constitutional rights of any
person or to lfmft or repeal additional re-
quirements imposed by statute or otherwise
recognIZed by law. Except as otherwise re-
quired by law, al! requirements or priVileges
relating to eVidence or procedure shall apply
equally to agencIes and persons. If any
provision of this act or the applfcatlon there-
of is held InvaIfd, the remainder of this act
or other appIlcatioDlr of such provision shall
not be Wfected. Every agency is granted all
authority necessary to comply with the re-
quirements of this act through the Issuance
of rules or otherwise. No subsequent legis-
lation shall be held to supersede or modify
the prOVisions of this act except to the extent
that such legislation shall do so expressly.
This act ~hall take e!fect 3 months after Its
approval except that sections 7 and 8 shall
take effect 6 months after such approval, the
requirement of the seiectlon of examiners
pursuant to section 11 shall not become ef-
fective ·,.m'-jl 1 year atter such approval, and
no procedural requirement shall be manda-
tory as to any agency proceeding Initiated
prior to the elfectlve date of such require-
ment."
Mr. SUMNERS of Texas (during the
reading of the amendmen t>. Mr. Chair-
man, I ask unanimous consent that the
further reading of the amendment may
be dispensed with; that it be printed in
the RECORD; and that any section of it
may be subject to amendment.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Texas?
There wall no objection.
Mr. KEFAUVER. Mr. Chairman, I
offer an amendment.
The Clerk read as fonows:
Amendment·offered by Mr. :KEF!lvvn: On
page 30. line 15, after the perIod, insert "any
member of the bar who Is in gOOd standing
MAY 24
and who has been admitted to tbe bar of the
SUpreme Court of the United States or of the
higbeatOOW't of tbe state of hi.s or her resi-
dence shall be eflgible to practice before any
agency: Provided.. however. That an agency
shall for gqod cause be authorized by order
to suspend or deny the rIght to practice before
such agency."
Mr. KEFAUVER. Mr. Chairman, I
discussed this amendment a few minutes
ago. I think this is an important ques-
tion which we ought to settle now. This
bilI has to. go to conference and some
changes will have to be made. I do not
see how there can be very much objection
to theinc1usion of some provision rela-
tive to the establishment' of a uniform
system of practicing before the agencies.
As the situation now eXists, some agen-
cies permit laymen to practice; some per-
mit lawyers; some few agencies require
a person to register ana be introduced.
I think in one or two agencies they re-
quire a person to take some kind of im
examination before being admitted. In
this country there is no reason in the
practice before the agencies of the United
states Govemment why a member of
the bar who is in good standing and who
has been admitted to the Supreme Court
of the United states or to the highest
court in his or her State of residence
shOUld not prima facie be eligible to
practice before any agency of the Gov-
ernment.
Mr. GWYNNE of Iowa. Mr. Chair-
man, will the gentleman yield?
Mr. KEFAUVER., I yield.
Mr. GWYNNE of Iowa. Is that not
provided for in section 6? The appear-
ance is there provided for. Someone who
is a lawyer and also someone who is not
a lawyer.
Mr. KEFAUVER. I will say to the gen-
tleman I have stUdied section 6 with that
in mind. I think in the committee tha t
we really intended to let the person
choose his own lawyer to go with him
before the agency and that every law-
yer in good standing shOUld be accepted.
But we still do not say that that agency
shall be required to accept him, if he
is in good standing in the State of his
residence or that he is entitled to prac-
tice. The agencies still might have ar-
tificial barriers or rules which would
keep him from practicing. I think this
should be included so that when the mat-
ter goes to conference it can be ironed
out if my proposal is not entirely ac-
ceptable.
Mr. MAY. Mr. Chairman, will the gen-
tleman yield?
Mr. KEFAUVER. I yield.
Mr. MAY. I believe that any man who
holds a license to practice law in any
State ought to be eligible to practice be-
fore these agencies. I am afraid the gen-
tleman's amendment would limit it to
those who are authoriZed to practice be-
fm-e the supreme court, or the court of
final resort in the State in which he lives.
There are many members of the I;lar who
are admitted to practice in the State who
have not been admitted to practice before
the supreme court in their own State.
Mr. KEFAUVER. Of course, if they
are entitled to practice before the Su-
preme Court of Kentucky, they would not
have to be admitted to practice before
1946 CONGRESSIONAL RECORD-HODSE 5667
the Supreme Court of the United States The CHAIRMAN. Is there objection have contributed and are tremendously
before they could practice before the to the request of the gentleman from interested in it, the whole country is and
agency. I do not think this is too much Rhode Island? I know most of us on the committee hope
of a requirement to ask of these people, . Mr. WALTER. Mr. Chairman, I we can vote this bill out without amend-
to say that they be admitted to practice object. ment and let it gO back to the Senate
in the highest court in their State. Of The CHAIRMAN. Objection is heard. where there is every reason to expect the
course, if the agency now admits lay- . Mr. WALTER. Mr. Chairman, I rise final act of its cOngressional progress will
men or licensed lawyers who have not in opposition to the amendment. be completed the President will sign it
been admitted to the Supreme Court of It is indeed unfortunate that the gen- and it will be a part of the law of the
the United States or to their State su- • tleman. from Tennessee [Mr. KEFAUVER] land.
preme court to practice before the agency brings up this very important and com- Mr. JENNINGS. Mr. Chairman, I rise
they would continue to do so. This plicated question at this late moment. in opposition to the pro forma amend-
amendment does not say that only cer- After all, the committee having this ment
tain lawyers shall be so entitled. It only measure under consideration for many Mr. Chairman, with all due deference
provides for a class who shall have an months, considered all phases of this to my distinguished and learned friend
absolute right to practice. If the agency problem. As the distinguished gentle- from Tennessee, 1 am inclined to believe
allows others, they would not be eXcluded man from New York [Mr. HANCOCK], has that his amendment is tantamount to .-
by this amendment. said, what the ,gentleman from Tennes- throwing a monkey wrench into the ma-
Notice. also, the amendment gives the see [Mr. KEFAUVER], proposes is some- chinery, putting sftnd in the bearings
agency a right to suspend or deny the ,thing that shOUld be the subject matter and water in the gasoline. As I recall,
right if it has good reason 'for so doing of separate legislation. when this measure was before the- com-
such as misconduct or unethical methods. I would like to call the attention of the mittee the gentleman did not suggest
Mr. HANCOCK. Mr. Chairman, will House to the languag:J with respect to this amendment.
the gentleman 3-"ield? eligibility: It reminds me of the old fellow with
Mr. KEFAUVER. I yield to the gen. Every member shall be accorded the right whom I was boarding once when I was
tleman from New York, who hasintro- to appear in person or by or with counsel- teaching school who had been in the
duced legislation heretofore-to cover this Now that is mandatory- legislature, and he was so entranced
point. with his experience in that body that I
Mr. HANCOCK. I did, in the Seventy- or other duly qualified representative in any really believe that if he had been stand-
eighth and again in the Seventy-ninth agency proceeding. ing on the threshold of the new Jeru-
Congress. I know it is controversial. I It certainly seems to me that anyone salem and were about to be ushered in
dislike to jeopardize this bill by putting duly qualified may under this language and somebody had offered him another
on an amendment which I regard as con- appear to practice before any agency; seat in the Tennessee Legislature he
troversial, which may possibly cause de- and I am afraid that if we set up the would have turned his back on Paradise
lay, and may defeat the bill. I have standards suggested by the gentleman and gone back to the legislature.
heard from a number of these agencies from Tennessee that instead of making Mr. KEFAUVER. Mr. Chairman, will
and departments downtown strongly op- it necessary for an agency to permit the gentleman yield?
posed to my bill. Let us bring that out anyone duly qualified to appear, we Mr. JENNINGS. No; not now; I am
as a separate proposition. Let us have might exclude people who have for the not in a yielding mood.
hearings on it and let us come to the purpose of particular litigation been He once asked me this question, "If
House with that definition. Let us not retained. you were a member of the legislature
muddy UP the waters on this bill. We Mr. MATHEWS. Mr. Chairman, will and wanted to kill a bill, what would you
have got this bill in shape to be passed the gentleman yield? do to kill it?"
and approved by the President and to Mr. WALTER. I yield. "Well," I said, "I would make a speech
become law. I am very mu.::h opposed to Mr. MATHEWS; I am interested to against it; 1 would talk to my colleagues
the gentleman's amendment, although I know the gentleman's own definition of and suggest the reasons why it should
Proposed it myself as a separate bill. the word "counsel." It seems to me it be rejected and try to get them to help
Mr. KEFAUVER. . I do not think there might not be limited to legal counsel, or me kill it."
is anything so complicated about it that, it might include legal counsel and some- "Oh," he said, "you don't know how
it cannot be worked out in c'lnference. thing else. . to kill a bill."
Perhaps this is not exactly the right lan- Mr. WALTER. The gentleman has I asked, "Uncle John, what would you
guage but there should not be difficulty suggested one of the fields into which we do?" He said, "IntroduGe an amend-
in working out a satisfactory provision. might well stray. What the committee ment to kill the constitutionality of the
Mr. DONDERO. Mr. Chairman, will meant by that was a member of the bar. bill."
the gentleman yield? Mr. MATHEWS. The bill does not My friend here has used this method
Mr. KEFAUVER. I yield. say so. to stop the passage of this long-needed
Mr. D0NDERO. lwas lInpressed with Mr. FORAND. Mr. Chairman, will the legislation by offering an amendment
the gentleman's amendment, but I rose gentleman yield? that will make it obnoxious and perhaps
to ask· this question: What happens in Mr. WALTER. 1 yield. lead to its veto by the President.
the case of an attorney admitted to the Mr. FORAND. Is it the intent of the Let us vote down the amendment
bar within the District of Columbia but committee that because a person is not offered by my good friend from
who has no certificate either before the a member of the bar he would not be . Tennessee.
highest court of the State of his resi- permitted to appear before an agency? Mr. SABATH.· Mr. Chairman, I move
dence or of the United States Supreme Mr. WALTER. Of course not, andwe to strike out the last two words.
Court? say so in the bill. We have taken care of Mr. Chairman, the gentleman who just .
Mr. KEFAUVER. Of course, members certified public accountants and other preceded me criticized the gentleman
of the bar of the District of Coiumbia experts who have been practicir;g for from Tennessee because he ·did not ap-
arc usually members of the United states years before particular agencies. pear before the Judiciary Committee and
Supreme Court. If they are not they . Mr. FORAND. In other words, they offer his amendment.
could still practice before the agencies need not be lawyers. Mr. KEFAUVER. Mr. Chairman, will
if they can now. Mr. WALTER. That is right. the gentleman yield?
Mr. DONDERO. They must .be ad- Mr. SUMNERS of Texas. Mr. Chair- Mr. SABATH. I yield.
mitted here? man, I move to strike out the last word. Mr. KEFAUVER I tried to get my
Mr. KEFAUVER. Yes. Mr. Chairman, I very much hope we friend from Tennessee to yield to say that
The CHAIRMAN. The time of the will not adopt this proposed amendment. for many years along with the gentleman
gentleman from Tennessee has' expired. It is now demonstrated that it is highly from New York, [Mr. HANCOCK], I have
Mr. FORAND. Mr. Chairman, I ask controversial. had bills pending on this very matter. I
unanimous consent that the gentleman This bill hasbeen worked on fora very happen to be a member of the subcom-
m.ay have 5 additional minutes.'. long time.Ma.ny ma,py groups of people mitte and ta.lked about this proposal with
 5668 CONGRESSIONAL RECORD-HOUSE
the chairman of the subcommittee. The
gentleman from Tennessee not being a.
member of the committee, of course,
would not know that, and I am sorry that
he opposes the anIendmimt.
Mr. SABATH. Mr. Chairman, I am
not a member of the committee that re-
ported this splendid bill which I believe
should pass by unanimous vote. How-
ever, I have great respect for and con-
fidence in the gentleman from Tennessee.
If he bas not been before the Judiciary
Committee and did not offer this amend-
ment to that committee, it must be the
only committee he did not appear before
a.sking for legislation which he believes is
·in the interest of the people. Heis a most
active member, he pOSsesses great intelli-
gence and ability and deserves tbe appre-
ciation of the Members of this House. I
therefore regret that the gentleman who
preceded me should criticize and make
point of the fact that the gentleman from
Tennessee was not· present and did not
offer the amendment. He appears before
the Rules Committee very often. perhaps
more often than any other member, and
every time he comes before that commit-
tee he appears in the interest of legisla-
tion that is for the benefit of the masses,
in the interest of good government and in
the interest of good administration.
The CHAIRMAN. The question is on
the amendment ollered by the gentle-
man from Tennessee [Mr. KBPAUVERI to
the committee amendment.
The amendment to the committee
amendment was rejected.
Mr. WALTER. Mr. Chairman. on page
28 there is a typographical error. In
line 3, after the word "the" the word
"selfection" should be changed to "se-
lection," I ask unanimous consent that
the correction be made.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Pennsylvania?
There was no objection.
Mr. WALTER. Mr. Chairman. on page
34. line 5. the section should be (d>, not
(b) . I ask unanimous consent that that
correction be made.
The CHAmMAN. Is there objection
to the request of the gentleman from
Pennsylvania?
There was no objection.
The CHAIRMAN. The question is on
the cOmmittee amendment.
The committee amendment was agreed
to.
The CHAIRMAN. Under the rule, the
Committee rises.
Accordingly the Committee rose; and
the Speaker having resumed the chair,
Mr. SMITH of Virginia, Chairman of the
Committee of the Whole HOILSe on the
State of the Union, reported that that
Committee having had under considera-
tion the bill (S. 7) to improve the ad-.
ministraton of justice by prescribing fair
administrative procedure, pursuant to
House Resolution 615, he repOrted the
bill back to t~ House witb an amend-
ment adopted by the Committee of the
Whole.
The SPEAKER. Under the rUle, the
previous question is ordered.
The question fa on th~ amendment.
The amendment was agreed to.
The SPEAKER. The question is on
the engrossment and third reading of
the bill.
The bill was ordered to be engrossed
and're.ad a third time and was read the
third time.
The SPEAKER. The question is on
the passage of the bill.
The bill was passed.
A mOtion to reconsider was laid OIl
the table.
EXTENSION OF REMARKS
Mr. FORAND asked and was given per-
mission to extend his remarks in the
RECORD.
Mr. TABER asked and was given per-
mission to extend his remarks in the
REOORD and include a letter he wrote to
the President of the United States and
to the Attorney General.
SPECIAL OIivim ORANTED
Mr. HOLIFIELD. Mr. Speaker, I ask
unanimous consent that on Monday next,
at the conclusion of the legislative pro-
gram of the day and following any spe-
cial· orders heretofore entered, I may. be
permitted to address the House for 30
minutes.
The SPEAKER. Is there objection to
the request of the gentleman from Cali-
fornia?
There was no objection.
EXTENSION OF REMARKs
Mr. HOBBS. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at the point in the RECORD where
I got permission from the committee
and to include therein a letter and dif-
ferent indexes from the Attorney Gen-
eral of the United States.
The SPEAKER. Is there objection to
the request of the eentleman trom Ala-
bama?
There was no objection.
Mr. D'ALESANDRO asked and was
given permission to extend his remarks
in the RECORD and include a letter he
wrote to Gen. Omar Bradley. also letter
he wrote to a legislative committee of
the House and its reply thereto.
Mr. SASSCER asked and was given
permission to extend his remarks in the
RECORD and include an essay which was
submitted in the Nation-Wide "Food
plank for peace."
PROORAM FOR NEXT WEEK
Mr. MICHENER. Mr. Speaker, I ask
unanimous consent to proceed for 1
minute.
The SPEAKER. Is tbere objection to
the request of the gentleman from
Michigan?
There was no objection.
Mr. MICHENER. I do this for the
purpose of asking the majority leader
what the program for tomorrow and next
week will be?
Mr. McCORMACK. There will be no
legislation tomorrow. I feel, however,
that we ought to meet tomorrow.
Monday is District Day. One bill, H. R.
6265, is on the calendar. That is the
bill that came up 2 weeks- ago, and I
understand that there will be no objec-
tion to it. If the stock-pile bill is dis-
posed of todaY there will be no further
legislation on Monday,
MAY 24
Tuesday we will hold memorial exer-
cises for the deceased Members, and
there will be no legislation that day.
Wednesday we will take up the third
urgency deficiency bill, then House Con-
current Resolution 148, and then H. R.
2871, the Alaskan International Highway
Commission.
Thursday is Memorial Day, and there
will be no legislation on that day.
Friday we will take up H. R. 5674, a
bill relating to protection work in con-
nection with Yuma and Boulder Dam.
That is the program for next week.
Mr. MICHENER. With reference to
tomorrow. as I understand. we will be in
session tor the purpose of being available
if the President desires to send any re-
quest to the Congress, for legislation
dealing with the terrible strike situation
prevailing in the country.
Mr. McCORMACK. We will be in ses-
sion tomorrow. I cannot state that it is
for that reason. We will be in session
tomor-row becaILSe I think it is well for us
to be in session.
Mr. MICHENER. It is not usual to sit
on Saturday, and in case the President
does not take judicial notice· of the ses-
sion, I hope that the distinguished ma-
jority leader will advise the President
that the House will be in session tomor-
row and will be glad to receive any mes-
sage dealing with this terrible strike
situation.
Mr. McCORMACK. The suggestions
of the gentleman from Michigan are
always welcomed. but in this case I think
the President will take legislative notice
, of the fact that we are in session. and we
win be in session not because of the rea-
son stated by the gentleman, but because
the leadership feels that we should be
in session tomorrow in View, I will agree,
of the disturbing and alarming situation
that exists. which we all hope that for-
ward-looking, constructive. sane, com,
mon sense leadership in the best interest
of the country will settle immediately.
Mr. MICHENER. I quite agree with
the gentleman, and we are in exact har-
mony. We, on this side, will be glad to
be here, and render any service we can
to the administration in dealing with
this critical condition.
STRATEGIC AND CRITICAL MATERIALS-
NATIONAL DEFENSE
Mr. SABATH. Mr. Speaker, I call up
House Resolution 626 and ask for its im-
mediate consideration.
The Clerk read the resolution, as fol-
lows:
Resolved, That upon the adoptton ot tbls
resolution It shall be In order to move tbat
the House resolve itselt tnto the Committee
of the Whole House on the State of the
Union tor the consideration ot the b1ll (S,
752) to amend the act ot June 7, 1939 (53
Stat. 811). as amended. relating to the 8C-
qqtsition of stocks of strategic and critical
materials for national de!ense purposes.
That after general debate, which shall be
confined to the bill and continue not to
exceed 1 hour, to be equally divided and
controlled by the chairman and the ranklng
mInority member ot the Committee on Mil-
Itary Mairs. the bill shall be read for amend-
ment under tbe 5-minute rule. At the con-
clUB10n or the consideration at the bill tor
amendment, the committee shall rise and
report the blIl to the House With such amend-
5788 CONGRESSIONAL RECORD--SENATE
McCarran Russell clUdes the approval or prescriJ)ticn for tb.~
Ellender
Ferguson McClellan Saltonstall future of rates, wages, corporate or flnanC1.aI
Fuioright McFarland Shlpstead structures or reorganizations thereof.· prices,
George McKellar SmIth facilities, appliances, services or all(>wances
Gerry McMahon Stanfill therefor or of .valuations.costs, or account~
Green Magnuson Stewart irig, or practices bearing upon any of the
Guffey Mead Taft foregoing. "Rule· making" means agency
Gurney Millikin Taylor
Hart Mitchell Thomas, Okla. process for the formulation, amendment, or
Thomas, Utah repeal of a rule.
Hatch Moore
Hawkes Morse ToOey (d) Order and adjudication: "Order"
Hayden Murdock Tunnell means the whole or any part of the final dis~
Hickenlooper Murray Tydings position (Whether affirmative. negative, in-
Hill Myers Vandenoerg
Hoey O'Danlel Wagner junctive, or declaratory in form) of any
aO'ency in any matter other than rule making
Huffman O'Mahoney Walsh
Johnson, Colo. Overton Wheeler b~t including licensing. "Adjudication"
Johnston, S. C. Pepper Wherry means agency process for the formulation of
Knowland RadclIffe White
Wiley an order.
La Follette Reed (e) License and licensing: "License" In-
Langer Revercomb WUson
Lucas Rooertson Young clUdes the whole or part Of any agency per~
mit, certificate. approval. registration, char-
The PRESIDING OFFICER. Eighty- ter, membership, statutory exemption or
foul' Senators haVing answered to their other form of permission. "Licensing" in-
names, a quorum is present. cludes agency process respecting the grant,
renewal. denial revocation, suspension, an-
ADMINISTRATIVE PROCEDURE ACT nUlment, withdrawal, limitation amendment,
Mr. McCARRAN. Mr. President, will modificatipn, or conditioning of a license.
the Senator from California yield in (f) Sanction and relief: "Sanction" In-
order that the Chair may lay before the cludes the Whole or part of any agency (1)
Senate a message from the House of prohibition, requirement, limitation, or other
Representatives with respect to Senate condition alfecting the freedom of any per~
son; (2) withholding of relief; (3) imposi-
bill No.7? tion of any form of penalty or fine; (4) de-
Mr. DOWNEY. Upon condition that
struction, taking, seizure, or withholding of
I shall not lose the floor, I shall be very property; (5) assessment of damages, reim-
happy to yield. bursement, restitution, compensation, costs,
The PRESIDING· OFFICER laid be- charges, or fees: (6) requirement, revocation,
fore the Senate the amendment of the or suspension of a 11cense; or (7) taking of
House of Representatives to the bill other compUlsory or restrictive action. "Re-
(S. 7) entitled "An act to improve the llef" includes the whole or part of any agency
(1) grant of money, assistance; license, au-
administration of justice by prescribing
thority, exemption, exception, priVilege, or
fair administrative procedure," which remedy; (2) recognition of any claim. right,
was to strike out all after the enacting
immunity, privilege, exemption. or exception;
clause and insert: or (3) taking of any other action upon the
TITLE application or petition of, and beneficial to,
any person.
SECrION 1. This act may be cited as the (g) Agency proceeding and action:
"Administrative Procedure Act."
"Agency proceeding" means any agency proc-
DEFINITIONS ess as defined in subsections (c), (d), and (e)
SEC. 2. As used in this act- of this section. ·"Agency action" Includes
(a) Agency: "Agency" means each author- the whole or part of every agency rule, order,
ity (Whether or not Within or subject to license, sanction, relief, or the equiValent
review oy another agency) of the Govern- or denial thereof, or failure to act.
ment of the United States other than Con- PUBLIC INFORMATION
gress, the coUrts, or. the governments of the SEC. 3. Except to the extent that there is
possessions,' Territories, or the District of
Columbia. Nothing In this act shall be con- .Involved (1) any function of the United
States reqUiring secrecy In the public interest
strued to repeal delegations of authority as
prOVided by law. Except as to the require- or (2) any matter relating solely to the in-
ternal management of an agency-
ments of section 3, there shall be excluded
from the operation of this act (1) agencies (a) RUles: Every agency shall separately
state and currently publish in the Federal
composed of representatives of the parties or
of representatives of organizations of the Register-(l) descriptions of its central and
parties to the disputes determined by them, field organization inclUding delegations by
(2) courts martial and military commissions, the agency of final authority and the estab-
(3) military or naval authority exercised in lished places at which, and methods whereby,
the field in time of war or in occupied terri- the pUblic may secure information or make
tory, or (4) functions which by law expire sUbmittals or requests; (2) statements of the
on the termination of present hostilities, general course and method by which its
within any fixed period thereafter, or before functions are channeled and determined, In-
July I, 1947, and the functions conferred by clUding the nature and reqUirements of all
the follOWing statutes: Selective Training formal or Informal procedures available as
and Service Act of 1940: Contract Settlement well as forms al,ld instructions as to the scope
Act of 1944; SurplUS Property Act of 1944. and contents of all papers, reports, or exami-
(b) Person and party: "Person" includes nations; and (3) SUbstantive rlies adopted
indiViduals, partnerships, corporations. asSo- as authorized by law and statements of gen-
ciations, or public or private organizations eral policy or interpretations formUlated and
of any character other than agenCies. adopted by the agency for the gUidance of
"Party" includes any person or agency named the pUblic, but not rules addressed to and
or admitted as a party, or properly seeking served upon named persons in accordance
and entitled as of right to be admitted as a with law. No person shall in any'manner be
party, in any agency proceeding; but nothing required to resort to organization or proce-
herein shall be construed to prevent an dure not so published.
agency from admitting any person or agency (b) Opinions and orders: Every agency
as a party for limited purposes. shall publish or, in accordance With pUb-
(c) Rule and rule making: "RUle" means lished rule, make available to pUblic Inspec-
the whole or any part of any agency state- tion all final opinions or orders in the ad-
ment of general or particular applicability jUdication of cases (except those required for
and future effect designed to implement, good cause to be held confidential and not
interpret, or prescribe law or policy or to cited as precedents) and all rules.
describe the organization, procedure, or prac- (c) PUbiic records: Save as otherwise re-
tice reqUirements of any agency, and in- qUired by statute, matters of official record
MAY 27
. Ilballin aceordance with phbliShed rule be
made aVlUl~le· to persons properly and
cUtettly concerned except information held
confidential for good cause found.
RULE MAKING
SEC. 4. Except to the extent that there is
involved (1) any military, naval, or foreign
affairs function of the Unite~ States or (2)
any matter relating to agency management
or personnel or to public property; loans,
grants, benefits, or contracts-
(a) Notice: General notice of proposed
rule making shall be published in the Federal
Register (Unless all pel'sons sUbject thereto
.are named and either personally served or
otherwise have actual notice thereof in ac-
cordance with law) Rl1d shaIrinclude (1) a
statement of the time, place, and nature of
pUblic rule-making prOCeedings; (2) refer-
ence to the authority under which the rule
is proposed; an.d (3) either the terms or SUb-
stance Of the proposed rule or a description
of the subjects and issues involved. Except
where notice or hearing Is required by stat-
ute, this subsection shaIl not apply to in-
terpretative rules, general statements of
policy. rules of agency organization, pro-
cedure, or practice, or In any situation in
Which the agency for good cause finds (and
incorporates the finding and a brief state-
ment of the reasons therefor in the rules
issued) that notice and pUblic procedure
thereon are impracticable, unnecessary, or
contrary to the public interest.
(b) Procedures: After notice required by
this section, the agency shall afford inter;"
ested persons an opportunity to partiCipate
in the rule making through submission of
written .data, views, or arguments with or
Without opportunity to present. the same
orally in any manner: and, after considera-
tion of all relevant matter presented, the
agency shall incorporate in any rules adopted
a con¢ise general statement of their basis
and purpose. Where rUles are required by
statute to be made on the record after
opportunity for an agency hearing, the re-
quirements of sections 7 and 8 shall apply
in place of the provisions of this subsection.
(c) Effective dates: The reqUired publica-
tion or serVice of any sUbstantive rule (other
than one granting o'r recognizing exemption
or relieving restriction or intepretative rules
and statements of polley) shall be made not
less than 30 days prior to the effective date
thereof except as otherwise prOVided by the
agency upon good cause found and published
With the rule.
(d) Petitions: Every agency shall accord
any Interested person the right to petition
for the issuance, amendment, or repeal of a
rule.
ADJUDICATION
SEC. 5. In every case of adjUdication re-
quired by statute to be determined on the
record after opportunity for an agency hear-
Ing, except to the extent that there is in-
volved (1) any matter SUbject to a SUbsequent
trial of the law and the facts de novo in any
court; (2) the selection or tenure Of an
officer or employee of the United States other
than examiners appointed pursuant to sec-
tion 11; (3) proceedings in which decisions
rest solely on inspections, tests, or elections;
(4) the conduct of military, naval, or for-
eign-affairs functions; (5) cases in which an
agency Is acting as an agent for a court; and
(6} the certification of employee representa-
tivea-
(a) Kotice: Persons entitled to notice of
an agency hearing shall be timely informed
of (1) the time, place, and nature thereof;
(2) the legal authority and jurisdiction un-
der Which the hearing is to be ·held; and (3)
the matters of fact and law asserted. In
iustances in which private persons are the
moving parties, other parties to the pro.
ceedlng shall give prompt notice of issues
controverted in fact or law; and in other
instances agencies lllay by rUle reqUire re-
sponsive pleading. ill fiXing the times and
 1946 CONGRESSIONAL RECORD-SENATE
places for hearings, due regard shall be had
for the conveFlience and necessity of the
parties or their representatives.
(b) Procedure: The agency shall afford all
interested parties opportunity for (1) the
submission and consideration of facts, argu-
ments, offers of settlement, or proposals of
adjustment where time, the nature of the
proceeding, and the public Interest permit,
and (2) to the extent that the parties are
unable so to determine any controversy by
consent, hearing, and decision upon notice
and in conformity with sections 7 and 8~
(c) Separation of functions: The same
'officers who preside at the reception of evi-
dence pursuant to section 7 shall make the
recommended decision or Initial decision re-
qUired by section 8 except where such officers
become unavailable to the agency. Save to
the extent required for the disposition of ex
parte matters as authorized by law, no such
officer shall consult any person or party on
any fact in issue unless upon notice and op-
portunity for all parties to participate; nor
shall such officer be resp6nsible to or object
to the supervision or direction of any officer.
employe, or agent engaged in the perform-
ance of investigative or prosecuting func-
tions for any agency. No officer, employee, or
agent engaged in the performance of investi-
gative or Prosecuting functions for any
agency in any case shall, In that ora factually
related case, participate or advise In the de-
cision, recommended decision, or agency re-
view pursuant to section 8 except as witness
or counsel in public proceedings. This sUb-
section shall not apply in determining ap-
plIcations for initial licenses or to proceed-
ings involving the validity' or application of
rates, facilities, or practices of public utilities
or carriers; nor shall it be applicable in any
manner to the agency or any member or
members of the body comprising the agency.
(d) Declaratory orders: The agency is au-
thorized In its sound. discretion, with like
effect as In the case of other orders, to !ssue
a declaratory order to terminate a contro-
versy or remove uncertainty.
ANCILLARY MATTERS
SEC. 6. Except as otherwise prOVided In
this act-
(a) Appearance: Any person compelled to
appear in person before any agency or rep-
resentative thereof shall be accorded the right
to be accompan.ted, represented, and advised
by counselor, if permitted by the agency,
by . other qualified representative. Every
party shall be accorded the right to appear
in person or by or with counselor other
duly qualified representative In any agency
proceeding. So far as the orderly conduct
of public business permits, any interested
person .may appear before any agency or its
responsible officers or employees for the pres-
entation, adjustment, or determination of
any issl,le, request, orcontroversy in any pro-
ceeding (interlocutory, summary, or other-
Wise) or in connection with any agency func-
tion. Every agency shall proceed with rea-
sonable dispatch to conclude any matter
presented to it except that due regard shall
be had for the convenience and necessity
of thc parties or their representatlvlls.
Nothing herein shall be construed either to
grant or to deny to any person who Is not a
lawyer the right to appear for or represent
others before any· agency or in any agency
proceeding.
(b) Investigations: No process, require-
ment of a report, inspection, or other investi-
gative act 01' demand shall be issued, made, or
enforced In any manner or for any purpose
except as authorized by Jaw. Every person
compelled to submit data or evidence shall
be entitled to retain '01', on payment of law-
fUlly prescribed costs, procure a copy or
transcript thereof, except that In a nonpub-
lie Investigatory proceeding the Witness may
for good cause be limited to Inspection of
the official transcript of his testimony.
(c) Subpenas: Agency subpenas authorized
by law shall be issued to any party upon
request and, as may be required by rules of
procedure, upon a statement or showing of
general relevance and reasonable scope of the
evidence sought. Upon contest the court
shall sustain any such SUbpena or similar
process or demand to the extent that It Is
found to be in accordance With law and, In
any proceeding for enforcement, shall Issue
an order reqUiring the appearance of the
witness or the production of the evidence or
data within a reasonable time under penalty
of punishment for contempt In case of con-
tumacious failure to comply.
(d) Denials: Prompt notice shall be given
of the denial In whole or In part of any
written application, petition, or other request
of any interested person made in connection
with any agency proceeding. Except in af-
firming a Prior denial or where the denial
is self-explanatory, such notice shall fie ac-
companied by a simple statement of pro-
cedural or other grounds.
HEARINGS
SEC. 7. In hearings which section 4 or 5
requires to be conducted pursuant to this
section-
(a) Presiding officers: There shall preside at
the taking of evidence (1) the agency, (2) one
or more members of the body which com-
prises the agency, or (3) one or more ex-
aminers appointed as provided In this act;
but nothing in this act shall be deemed to
supersede the conduct of specified classesQf
proceedings In whole or part by or before
boards or other officers specially prOVided for
by or designated pursuant to statute. The
functions of all presiding officers and of of-
ficers participating in decisions in conformity
with section 8 shall be conducted In an im-
partial manner. Any such officer may at
any time withdraw if he deems himself dis-
qualified; and, upon the filing in good faith
of a timely and sufficient affidavit of per-
sonal bias or disqualification of any such of-
.ficer, the agency shall determine the matter
as a part of the record and decision in the
case.
(b) Hearing powers: Officers presiding at
hearings shall have authority, SUbject to the
published rules of the agency and Within Its
powers, to (1) administer oaths and affirma~
tions, (2) issue subpenas authorized by law,
(3) rule upon offers of proof and receive rele-
vant evidence, (4) take or cause depositions
to be taken Whenever the ~nds of Justice
would be served thereby, (5) regulate the
course of the hearing, (6) hold conferences
for the settlement or simplification of the
issues by consent of the parties, (7) dispose
of procedural requests or similar. matters,
(8) make decisions or recommend decisions
in conformity with section a, and (9), take
any other action authorized by agency rule
consistent with this act.
(c) EVlden,ce: Except as statute!> otherwise
prOVide, the proponent of a rule or order
shall have the burden of proof. Any oral
or documentary evidence may be received.
but every agency shall as a matter of policy
prOVide fOI: the exclusion of irrelevant, im-
material, or unduly repetitious evidence
and no sanction shall be imposed or rule or
order be issued except upon consideration
of the Whole record or such portions thereof
as may be cited by any party and as sup-
ported by and in accordance with the re-
liable, probative, and substantial evidence.
Every party shall have the right to pres'Cnt
his case or defense by oral. or documentarY
eVidence, to submit rebuttal evidence, and
to conduct SUCh cross-examination as may
be required for a full and true disclosure
of the facts. In rule making or determin-
Ing claims for money or benefits or applica-
tions. for initial licenses any agency may,
Where the Interes'!; of any party will not .be
prejudiced thereby, adopt procedures for
the submission of all or part of the evidence
In written form.
5789
(d) Record: The transcript of testImony
and exhibits, together with all papers and
requests filed in the proceeding, shall consti-
tute the exclusive record for decision in ac-
cordance With section 8 and, upon payment
of lawfully prescribed costs, shalI be made
available to the parties. Where any agency
decision rests on official notice of a material
fact not appearing in the evidence in the
record, any party shall on timely request
be afforded an opportunity to show the
contrary.
DECISIONS
SEC. 8. In cases In Which a hearing is re-
quired to be conducted In conformity with
section 7-
(a) Action by SUbordinates: In cases in
which the agency has not presided at the
reception of the eVidence, the officer who
presided (or, in caSes not subject to sub-
section (c) of section 5, any other officer
or officers qualified to preside at hearings·
pursuant to section 7) shalI Initially decide
the case or the agency shall reqUire (In spe-
cific cases or by general' rule) the entire
record to be certified to it for initial deci-
sion. Whenever such officers make. the
initial decision and in the absence of either
an appeal to the agency or review upon
motion of the agency within time provided
by rule, such decision shall without fur-
ther proceedings then 'become the decision
of the agency. On appeal from or review of
the initial decisions of such officers the
agency shall, except as It may limit the IS5ues
upon notice or by rule, have all the ~ow~rs
which it would have In makIng the mitIaI
decision. Whenever the !,-gency makes the
Initial decision without having presided at
the reception of the evidence, such officers
shalI first recommend a decision except that
in rule making or determining applications
for initial licenses (l) in lieu thereof the
agency may issue a tentative decision or
any of Its responsible officers may recom-
mend a decision or (2) any such procedure
may be omitted In any case in which the
agency finds upon the record t~at due. and
timely execution of Its function unperatlvely
and unavoidably so "reqUires.
(b) Submittals and decisions: Prior to
each recommended Initial, or tentative de-
cision, or decision upon agency review of the
decision of subordinate officers the parties
shall be afforded a reasonable opportunity to
submit for the consideration of the officers
participating in such decisions (1) proposed
findings and conclusIons, or (2) exceptions
to the decisions or recommended decisions
of subordinate officers or to tentative agency
decisions, and (3) supporting reasons for
such exceptions or proposed findings or con-
clusions. The record shall show the ruling
upon each such -finding, conclusion, or ex-
ception presented. All decisions (Including
initial, recommended, or tentative decisions)
shall become a part of the record and Include
a statement of (1) findings and conclusions,
as well as the reason3 or basis therefor, upon
all the material issues of fact, law, or dis-
cretion presented on the record; and (2) the
appropriate rUle, order, sanction, relief, or
denial thereof.
SANCTIONS AND POWERS
SEC. 9. In the exerCise of any power or aU d
thority-
(a) In general: No sanction shall be Im-
posed or SUbstantive rule or order .be issued
except within jUrisdiction delegated to the
agency and as authorized by law.
(b) Licenses: In any case in which appli-
cation is made for a license required by law
the agency, with due regard to the rights or
privileges of all the inter!!lsted parties or ad-
versely affected persons and with reasonable
dispatch, shall set and complete any pro.
ceedings required to be conducted pursuant
to sections 7 and 8 of this act or other pro-
ceedings required by law and shall make its
decision. Except in cases of willfulness or
 5790 CONGRESSIONAL· RECORD-SENATE
those in which publ1c health, interest, or
safety requires .otherwlse, no withdrawal,
suspensIon, revocation, or annulment of any
license shall be lawful unless, prior to the
institution of agency proceedings therefor,
facts or conduct which may warrant such ac-
tion shall have been called to the attention
of the licensee by the agency In writing and
the licensee shall have been accorded oppor-
tunity to demonstrate or achieve compliance
with all laWfUl requirements. In any case in
which the licensee has, In accordance with
agency rules made timely and sufflcient ap-
plication for a renewal or a new license, no
license with reference to any activity of a
continUing nature shall expire until such
applic.ation shall have been finally deter-
minec' by the agency.
JUDICIAL REVIEW
SEC. 10. Except so far as (1) statutes pre-
.clude judicial review or (2) agency action Is
by law committed to agency discretion-
(a) Right of review: Any person suffering
legal wrong because of any agency action, or
adversely affected or aggrieved by such action
within the meaning of any relevant statute,
shall be entitled to judiciai .review thereof.
(b) Form and venue of action: The form
of proceeding for judicial reView shall be any
special statutory review proceeding relevant
to the SUbject matter in any court specified
by statute or, in the absence or· inadequacy
thereof, any applicable form of legal action
(including actions for declaratory judgments
or writs of prohibitory or mandatorY Injunc-
tion or habeas corpus) In any court of com-
petent jurisdiction. Agency action shall be
SUbject to judicial reView in civil or criminal
proceedings for judicial enforcement. except
to the extent that prior, adequate, and ex-
clusive opportunity for such review is/pro.
vided by law.
(c) Reviewable acts: Every agency action
made reviewable by statute and every final
agency. action for which there is no other
adequate remedy in any court shall be sub-
ject to judIcial review. Any prel1minary pro-
cedural, or Intermediate agency action or
rullng not directly reViewable shall be SUbject
to review upon the review of the final ag-ency
action. Except as otherwise expressively re-
qUired by statute, agency action otherwise
final shall be final for the purposes of this
subsection .whether or not there has been
presented or determined any application for
a declaratory order, for any ferm of recon-
sideration, or (unless the agency otherWise
reqUires by rule and prOVides that the action
meanWhile shalI be Inoperative) for an ap-
peal to superior agency authority.
(d) Interim relief: Pending judicial re-
view any agency is authorized, where it finds
that justice so reqUires, to poMpone the effec-
tive date of any action taken by it. Upon
such conditions as may be reqUired and to
the extent necessary to prevent irreparable
injury, every reviewing court (inclUding every
court to which a case may be taken on appeal
from or upon application for certiorari or
other wrIt to a revieWing court) is authorized
to issue all necessary and appropriate process
to postpone the effective date of any agency
action or to preserve status or rights pending
conclusion of the review proceedings.
(e) Scope of review: So far as necessary to
decision and where presented the revieWing
court shall decide all relevant questions of
law, interpret constitutional and statutory
provisions, and determine the meaning or
applicability of the terms of any agency
action. It shall (A) compel agency action
unlawfully withheld or unreasonably delayed;
and (B) hold unlawful and set aside agency
action, findings, and conclusions found to be
(1) arbitrary, mipricious, an abuse of discre-
tion, or otherwIse not in accordance with law;
(2) contrary to constitutional right, power,
priVilege, or immunity; (3) in excess of statu-
tory jurisdiction, authority, or limitations, or
Ilhort of statutory right; (4) without observ-
ance of procedure required by law; (5) un-
supported by SUbstantial evidence in any
case SUbject to the reqUirements of sections
7 and 8 or otherWise reviewed on the ret:ord of
an agency hearing provided by statute; or (6)
unwarranted by the facts to the extent that
the facts are subject to trial de novo by the
reviewing court. In making the foregoing
determinations the court shall review the
Whole record or such portion thereof as·
may be cited by any party, and due account·
shall be taken of the rule of prejUdicial error.
EXAMINERS
SEC. 11. SUbject to the ciVil-service and
other laws to the extent not inconsistent
with this act, there shall be appointed by and
for each agency as many quallfied and com-
petent examiners as may be necessary for
proceedings pursuant to sections 7 and 8,
who shall be assigned to bases in rotation so
far as practicable and shall perf01'lI). no
duties Inconsistent With their duties and
responsibllities as examiners. Examiners
shall be removable by the' agency In which
they ar'e employed only for good cause estab-
lished and determined by the Civil SerVice
Commission (hereinafter called the Commis-
sion) after opportunity for hearing and upon
the record thereof. Examiners shall receive
compensation prescribed by the Commission
independently of agency recommendations
or ratings and In accordance with the Classifi-
cation Act of 1923, as amended, except that
the prOVisions of paragraphs (2) and (3) of
subsection· (b) of section· 7 of said act, as
amended, and the provisions of section 9 of
said act, as amended, shall not be applicable.
Agencies occasIonally or temporarily insulfi,.
ciently staffed may utilize examiners selected
by' the Commission from and with the con-
sent of other agencies. For the purposes of
this section, the Commission is authorized to
make investigations, reqUire reports by agen-
cies, issue reports, inclUding an annual re-
port to the Congress, promUlgate rUles, ap-
point such advisory committes as may be
deemed necessary, recommend legislation,
subpena witnesses or records, and pay wit-
ness fees as established for the United States
courts.
CONSTRUCTION AND EFFECT
SEC. 12. Nothing in this act shall be held
to diminish the constitutional rights of any
person or to limit or repeal additional re-
quirements Imposed by statute or otherwise
recognized by law. Except as otherwise re-
qUired by law, all reqUirements or priVileges
relating to eVidence or procedure shall ap-
ply equally to agencies· and persons. If any
provision of this act or the appllcation
thereof is held invalid, the remainder of this
act or other appllcations of such provision
shall not be affected. Every agency is
granted all authority necessary to comply
with the requirements of this act through
the issuance of rules or otherwise. No sub-
sequent legislation shall be held to super-
sede or modify the prOVisions of this act ex-
cept to the extent that such legislation shall
do so expressly. This act shall take effect 3
months after Its approval except that sections
7 and 8 shall take effect 6 months after such
approval, the requirements of the selection
of examiners pursuant to section 11 shall not
become effective until 1 year after such
approval, and no procedural reqUirement
shall be mandatory as to any agency pro-
ceeding initiated prior to the effective date of
such requirement.
Mr. McCARRAN. Mr. President.
some weeks ago the Senate passed Sen:
ate bill No.7, which is known as the
administrative procedure bill.
The Senator from Maine will recall
that the bill passed the Senate. after a
careful discussion, without a dissenting
vote. Let me say that the bill has- been
under study and consideration for nearly
10 years. For about 2 years, while the
MAY 27
present chairman of the Judiciary Com-
mittee and other members of that com-
mittee !;lave had the matter in hand, a
very careful and meticulous study has
been made of the whole subject. The
House did not in any substantial par-
ticular amend the Senate bill. The only
thing which the House did was to clarify
the bill in respect to a few -of its pro-
Visions. I can best illustrate that by a
brief statement from the Attomey Gen-
eral as to what the House did. Without
quoting him at length. the Attomey
General said that he approved the
amendments which 'had been made by
the House which were merely explana-
tory in nature.
For that reason, Mr. President, ::: move
that the Senate concur in the House
amendment.
Mr. WHITE. Mr. President, will the
Senator yield for an inquiry?
Mr. McCARRAN. I yield.
Mr. WHITE. Were the House
amendments submitted to the JUdiciary
Committee for its consideration, or only
to individual members of the committee?
Mr. McCARRAN. Only to individual
members, because we were unable to get
a meeting of a quorum of the committee.
Mr. WHITE. Was there a unanimity
of approval on the part of the commit-
tee members, sa far as the Senator
knows?
Mr. McCARRAN. So far as I person-
ally know, yes.
Mr. REVERCOMB. Mr. President,
will the Senator yield?
Mr. McCARRAN. I yield.
Mr. REVERCOMB. As a member of
the subcommittee which dealt with the
bill, I should be very happy if the Sen-
ator from Nevada, who is chairman of
the Judiciary Committee, and who has
so ably steered the legislation thus far,
would tell us briefly what are the
amendments.
Mr. McCARRAN. Does the Senator
refer to the House amendments?
Mr. REVERCOMB. Yes.
Mr McCARRAN. I shall have to ask
the Senator from California [Mr.
DOWNEY] to be patient with me while
I go over the amendments. They are
set forth in the report of the Committee
on the Judiciary of the House of Repre-
sentatives.
With reference to section I, it is pro-
vided that the measure may be cited as
the" Administrative Procedure Act."
In section 2, with reference to defini-
tions, the report states, the definitions
apply to the remainder of the bill.
With reference to section 2 (a), under
the title "Agency," it is said, "The word
'agency' is defined by excluding legisla-
tive, judicial, and territorial authorities"
and by including any other "authority"
whether or not within or subject to re-
view -by another agency. The word
"other" was inserted by the House of
Representatives.
In connection with section 2 (b), the
word "person" and the word "party" are
dealt with in the report as follows: "Per-
son" is defined to include specific forms
of organizations other than agencies.
"Party" is defined to include anyone
named. or admitted, or seeking, and en-
titled to be admitted, as a party in any
agency proceeding, and so forth.
 1946 CONGRESSIONAL RECORD-SENATE
With reference to section 2 (c) the
report states:'
"RUle" is defined as any agency statement
of general or particular applicability and fu-
ture effect designed to implement, interpret,
or prescribe law, policy, organization, pro-
cedure, or practice requirements and in-
cludes any prescription for the future of
rates, wages, financial structure, and so forth.
"Rule making" means agency process for the
formation, amendment, or repeal of the
rule.
Does the Senator wish me to go
through each amendment?
Mr. REVERCOMB. Am I to under-
stand that all the changes which have
been made were changes merely in lan-
guage and do not materially affect the
intent of the act?
Mr. McCARRAN. I assure the Sena-
tor that his statement is correct.
Mr. REVERCOMB. ,Then I shall not
ask for a further explanation.
The PRESIDING OFFICER. The
question is on agreeing to the motion of
the Senator from Nevada.
The motion was agreed to.
RECONSIDERATION OF CONFIRMATION OF
NOMINATION OF RICHARD B. McENTIRE,
OF KANSAS, TO BE A MEMBER OF THE
SECURITIES AND EXCHANGE· COMMIS-
SION
Mr. WAGNER. Mr. President wiII the
Senator Yield? ' until today. I thought it was going over,
Mr. DOWNEY. I am glad to yield if I
do not lose the fioor.
Mr. WAGNER. Mr. President, as in
executive session I ask unanimous con-
sent to enter a motion. to reconsider the
vote by which the Senate, on last Sat-
urday, confirmed the nomination' of
Richard B. McEntire, of Kan,sas, to be a
member of the Securities and Exchange
Commission.
The PRESIDING OFFICER. Is there
objection?
The Chair hears none.
Mr. AIKEN. Mr. President, may I
make a statement without the Senator
from California losing the fioor?
Last Thursday I asked the majority
leader if -he would agree to allow con-
sideration of the confirmation of the ap-
pointment of Admiral Smith to be a
member of the Maritime Commission to
gO over until today, because I wanted to
say something with regard to the nomi-
nation. 1 did not wish consideration of
the nomination to be postponed for the
purpose of opposing the nomination of
Admiral Smith. I understood the ma-
jority leader to say that consideration,
of the nomination could go over until
today, but evidently an executive ses-
sion was held at a time when I was out
of the Chamber. I have noticed in the
RECORD that the' nomination was con-
firmed. I wonder if the Senator would
be willing to agree that the vote by which
the nomination of Admir,al Smith was
confirmed may be reconsidered.
Mr. OVERTON. Mr. President, will
the Senator yield?
Mr. DOWNEY. I yield. . me to lose the fioor.
Mr. OVERTON. As. acting chairman
of the Senate Committee on Commerce, I
'Wish to say to the Senator that an inquiry
was made, into the qualIfications of
Admiral Smith. After the hearing was
completed, the Committee on Commerce
voted unanimously fOr confirmation of
the nomination. If it is the purpose of
the Senator not to oppose the nomina-
tion, but to make some observations with
regard to it, I believe he could make such
statement without the Senate recon-
sidering the vote by which the nomina-
tion was confirmed.
The PRESIDING OFFICER. Does the
Senator from Vermont wish to object to
the motion of the Senator from New
York?
Mr. AIKEN. No; I do not object. I
am merely asking if the vote by which
the nomination of Admiral Smith was
confirmed may be reconsidered, because
what I have to say concerning the Mari-
time Commission should be said in con-
nection with the appointment to which
reference has been made by the Senator
from New York. I understood the ma-
jority leader to say that consideration of
the nomination might go over until
today. There are things which the Sen-
ate should know. The Senate should
know some things about the Maritime
Commission. It ought to know, if it
does not know, that there was a dis-
crepancy of approximately $6,000,000,-
000 in the accounts of the Maritime
Commission up to June 30, 1943, as re-
ported by the Comptroller General. I
merely asked that consideration of the
nomination of Admiral Smith go over
or I would have sat in the Chamber all
the time the Senate was in session so as
to be present when the nomination came
up in the Senate.
Mr. WAGNER. That in no way re-
lates to the nomination concerning
which I have as!{ed unanimous consent.
Mr. AIKEN. Has the Senator made a
motion?
Mr. WAGNER. I asked unanimous
consent.
The PRESIDING OFFICER. The
Senator from New York asked for unani-
mous consent. and the Chair asked if
there was objection. The Chair heard
none.
Mr. AIKEN. No; I do not object to
the request of the Senator from New
York. I believe that the nomination
Should come back to the Senate. I be-
lieve that it was confirmed under un-
usual circumstances.
Mr. WAGNER. I move that the
President be requested to return the
reSOlution of confirmation to the Senate.
The PRESIDING OFFICER. Without
objection, the motion is agreed to,
Mr. AIKEN. Will the Senator from
California yield, so that I may make a
motion? I do not wish the Senator to
lose the fioor. The motion would be ~
that the Senate reconsider the vote by
which it confirmed the nomination of
Admiral Smith.
. Mr. DOWNEY. Mr. President, I re-
gret, but I must say to the Senator that
the motion to which the Senator has
referred migh~ precipitate a long argu-
ment which would make it necessary for
Mr. AIKEN. I thank the Senator
from California.
SETTLEMEt-l'T' OF INDUSTRIAL DISPUTES
AFFECTING THE NATIONAL ECONOMY
The Senate resumed consideration of
the bill (H. R. 6678) to provide. on a.
5791
temporary basis during the present pe-
riod of emergency for the prompt' set-
tlement of industrial disputes Vitally af-
fecting the national economy in the
transition from war to peace.
Mr. BYRD. Mr. President, the legis-
lation which has been proposed by the
President is along the pattern whereby
Gov. William M. Tuck, of Virginia pre-
vented a threatened strike in the Virginia
Electric & Power Co. which would have
paralyzed two-thirds of Virginia.
In fact, an agency of the Government,
during the preparation of the legislation
now pending, requested my office to sup-
ply the various orders that Governor
Tuck issued, whereby he, as Governor of
Virginia, and as commander in chief of
the land and naval forces of the State,
on March 29, ordered the drafting into
the active service as members of the.un-
organized Virginia Militia the employees
of the Virginia Electric & Power Co.
The action taken by Governor Tuck is
nearly identical with the action now pro--
posed by the President. In Virginia the
strike was stopped and no further trouble
has occurred.
The action which was taken by t,he
Governor of Virginia is of great public in-
terest as it bears directly on the pend-
ing legislation. I ask unanimous consent
to have printed in the body of the REC-'
ORD at this point as a part of my remarks,
a copy of the original orders of Governor
Tuck and his various announcements, as
well as an opinion of the Attorney Gen-
eral of Virginia.
There being no objection, the matters
referred to were ordered to be :1rinted in
the RECORD, as follows:
COMMONWEALTH OF VIRGINIA,
GOVERNOR'S OFFICE,
Richmond, March 29, 1946.
EXECUTIVE ORDER
Pursuant to the provisions of sections 2,
3. and 4 of article VI of the Military Code of
Virginia as enacted by chapter 446 of the
Acts of Assembly of 1930, the undersigned,
Wllliam M. Tuck, Governor of Virginia, and
as such commander in chief of the land and
naval forces of the State, in order to execute
the laws as set out in section 4066 of the
Code of Virginia reqUiring the Virginia Elec-
tric & Power Co. to provide electric service
to the people of the State customarily served
by it, does hereby order out a part of the
unorganized militia of the State, said part
consisting of the hereinafter designated
persons:
The follOWing named olficers and employees
of the Virginia Electric & Power Co., male
and not over 55 years of age. residing or,
being in the cities and towns Indicated: as
shown by the accompanying document which
is incorporated as a part of this order and
marked exhibit 1. '
All of the aforesaid persons are ordered
out by draft and the draft in the various
counties and cities shall be made by the
olficers of the Virginia State Guard whose
names and addresses appear from the ac-
companying roster which is incorporated ex-
pressly as a part of this order, and such sub- '
ordinate olficers and men as they shall desig-
nate verbally or' otherwiee.
The persons so called out by this draft
shall be organized into'a unit to be known
and designated as the emergency laws exe-
cuting unit.
In testimony of the foregoing I have here-
unto set my hand as Governor of Virginia
and' commander in, chief Of the land an,d
naval forces of the s.tate,and have caused
 1940 'CONGRESSIONAL RECORD-SENATE
ippine independence ceremonies on July 4.
1946.
ENROLLED BILL SIGNED
The message also announced that the
Speaker had affixed his signature to the
enrolled bill (S. 7> to improve the ad-
ministration of justice by prescribing fair
administrative procedure, and it was
signed by the President pro tempore.
COMMITTTEE TO ATTEND THE FUNERAL
OF THE LATE SENATOR GLASS. OF
VffiGINIA
The PRESIDENT p~o tempore. Un-
der authority of Senate Resolution 273.
the Chair appoints as members of the
committee to attend the funeral of the
late Senator from Virginia, Mr. Glass.
the Senator from Virginia [Mr. BYRD].
the Senator from Kentucky [Mr. BAll,K-
LEY], the Senator from Maine [Mr.
WHITE], the Senator from Tennessee
[Mr. McKELLAR], the 'Senator from New
Mexico· [Mr. HATCH], the Senator from
Wisconsin [Mr. LA FOLLETTE], the Sena-
tor from Montana [Mr. WHEELER], the
Senator from New Hampshire [Mr.
BRIDGES], the Senator from New York
[Mr. WAGNER], the Senator from Georgia
[Mr. RUSSELL], the Senator from Minne-
sota [Mr. SHIPSTEAD], and the Senator
from Nebraska [Mr. WHERRY).
TRANSACTION OF ROUTINE BUSINESS
By unanimous consent, the following
routine business was transacted:
EXECUTIVE CO~UNICATIONS, ETC.
The PRESIDENT pro tempore laid be-
fore the senate the following letters.
which were referred as indicated:
FOREIGN SERVICE BUILDINGS PROGRAM
A letter from the Acting Secretary of State,
transmitting a draft of proposed legislation
for the acquisition of buildings and grounds
in foreign count..ries for the use of the. Gov-
ernment of the United States of AIllerica
(with an accompanying paper); to the Com-
mittee on Foreign Relations. ' cluding wool as a commodity tc which
REPORT OF DEPARTMENT' OF JUSTICE
A letter from the Attorney General, .trans-
mitting, pursuant to law, a report on the
activities of the Department of Justice for the
fiscal year ended June 30, 1945 (with an ac-
companying report); to the Committee on
the JUdiciary.
REPORT ON ACTIVITIES OF SMALLER WAR PLANTS
CORPORATION
A letter from the Secretary of Commerce.
transmitting, pursuant to law, a report on
the activities of the Department of Commerce
relating to functions previously carried out
by the Smaller War Plants Corporation and
transferred to the Department of Commerce
for the months of February and March 1946
(With accompanying papers); to the Com-
mittee on Banking and Currency.
DISPOSITION OF ExECUTIVE PAPERS
Two letters from the Archivist of the
United States, transmitting, pursuant to law,
lists of papers and documents on the files
of several departments and agencies of the
Government which are not needed in the
conduct of business and have no permanent.
value {lr historical interest, and requesting
action looking to their disposition (With ac-
companying papers); to a Joint Select Com~
mittee on the Disposition of Papers in the
Executive Departmen';~.
The PRESIDENT pro tempor" ap-
pointed Mr. BARKLEY and Mr. BREWSTER
I members of the committee on the part
of the Senate.
I XCII--371
I,
L
PETITION
The PRESIDENT pro tempore laid be-
fore the Senate a copy of a concurrent
resolution of the Legislature of the Ter-
ritory of Hawaii, favoring an appropria-
tion to complete the improvements of
the harbor and port of Hilo, T. H., which
was referred to the Committee on Terri-
tories and Insular Affairs.
MAINTENANCE OF CONFIDENCE IN THE
GOVERNMENT
Mr. CAPPER. Mr. President, I have
received a telegram from Senator Roy
Bailey, chairman of the National Affairs
Committee, of the Salina (Kans.> Cham-
ber of Commerce, asking that action be
taken in Washington for the purpose of
maintaining confidence in Government
and respect for it at home and abroad.
I ask unanimous consent to have the tele-
gram printed in the RECORD and appro-
priately referred.
There being no objection, the telegram
was received. ordered to lie on the table,
and to be printed in the RECORD, as fol-
lows:
SALINA, KANS., May 25, 1946.
Senator ARTHUR CAPPER,
Senate Office Building,
Washington, D. C.:
In order to establish domestic tranqUillity
and justice, promote the general welfare. and
preserve the blessings of liberty for ourselves
and our children, we urge you to do every-
thing in your power to end the virtual an,
archy that exists in the United States today.
We do not believe that any in.divi.dual or
groups of indiViduals shOUld dictate to the
Government, and for these reasons, and be-
cause they are rights guaranteed by the Con-
stitution, we are convinced that immediate
action is 'needed to maintain confidence in
the Government itself and respect for it at
home and abroad.
SALINA CHAMBER OF COMMERCE
NATIONAL AFFAIRS COMMITTEE,
Roy F. BAILEY, Chairman.
EXPORTATION OF WHEAT TO MEXICO
Mr. CAPPER. Mr. President, I have
received an interesting telegram from B.
K. Smoot, a leading businessman of Sa-
lina, Kans., with regard to the shipment
of wheat to Texas for export to Mexico.
I think the telegram is of public interest,
and I ask unanimous consent to have it
printed in the RECORD and appropriately
referred.
There being no objection, the telegram
was received, referred to the Committ~e
on Banking and Currency, and ordered
to be printed In the RECORD, as follows:
SALINA, KANS., May 22, 1946.
Senator ARTHUR CAPPER,
Washington, D. C.:
Our elevator and other elevators Kansas
City are loading wheat on instructions CCC
to go El Paso and Brownsvl1le, Tex., for ex-
port to Mexico. This grain acqUired by CCC
under confiscation and bonus program pre-
sumably for starving Europeans. The sale
is reported 30 cents over celling prices with
Lathrop Grain Co. acting. as agent of Mexi-
can Government. Lathrop was director of
Kansas City office of CCC at time stocks of , second time, and referred as follows:
grain in hands of grain dealers and millers .
was confiscated. How can the American
pUblic be expected to respect ceiling prices
when our Government continually violates
ceilings by bontIs payments and sales exceed-.
ing ceUings? Please let us end the. war offi-
cially, abolish all ce1l1ngs, bonuses. SUbsidies, habilitation Act of 1946, for the purpose of
and get to work~ .
B. K. SMOOT.
' making a clericE.1 correction; to the Commit-
5881
REPORTS OF COMMITTEES
The following reports of committees
were submitted:
By Mr. O'MAHONEY, from the Committee
on PUblic Lands and Surveys:
S. 1236. A bill to promote the development
of oil and gas on the public domain and on
lands acqUired for the Appalachian National
Forest, and for other purposes: with amend-
ments (Rept. No. 1392).
By Mr. TYDINGS, from the Committee on
Territories and Insular AffairS:
S. 2?54. A bill to provide milttary assist-
ance to the RepUblic of the Philippines in
establishing and maintaining national secu-
rity and to form a basis for participation
by that government in such defensive mili-
tary operations as the future may require;
without amendment (Rept. No. 1393); and
H. R.5453. A bill to authorize certain ex-
penditures by the Alaska Railroad, and for
other purposes; without amendment (Rept.
No. 1394).
By Mr. McCARRAN, from the Committee
on the Judiciary:
H. R. 2788. A bl1l to limit the time during
which certain actions .under the laws of the
United States may be brought; with an
amendment (Rept. No. 1395).
By Mr. WALSH. from the Committee on
Naval Affairs: .
S. 2133. A bill to amend further the Pay
Readjustment Act of 1942, as amended; With
amendments (Rept. No. 1396); and
S. 2246. A bill to authorize the Secretary of
the Navy to acqUire in fee or otherwise cer-
tain lands and rights in land on the island of
Guam, and for other purposes; with an
amendment (Rept. No, 1397).
PRODUCTION, TRANSPORTATION, AND
MARKETING OF WOOL (REPT. NO.
1398)
Mr. O'MAHONEY. Mr. President,
from the Special Committee to Investi-
gate Production, Transportation. and
Marketing of Wool, I ask unanimous con"-
sent to report favorably with an amend-
ment the bill (S. 2033) to provide sup-
port for wool, to. amend the Agricultural
Marketing Agreement Act of 1937 by in-
orders under such act are applicable, to
authorize the Secretary of Agriculture
to fix wool standards, and for other pur-
poses. Under the agreement at the time
of the introduction of the bill, I request
that it be referred to the Committee on
Agriculture and Forestry.
The PRESIDENT pro tempore. With-
out objection, the bill will be received
and referred to the Committee on Agri-
culture and Forestry as requested by the
Senator from Wyoming.
Mr. O'MAHONEY. Mr. President, I
ask unanimous consent to submit indi-
vidual views of my colleagues, the junior
Senator from Wyoming [Mr. ROBERTSON]
and the Senator from Massachusetts
[Mr. WALSH]; ·respectively.
The PRESIDENT pro tempore. With-
out objection, it is so. ordered.
BILLS INTRODUCED
Bills were introduced, read the first
time, and, by unanimous consent, the
. By Mr. MEAD: .
S.2258. A bill for the relief of the estate
of Mrs. Charles Bath, and others; to the
Committee on Claims.
By Mr. TYDINGS:' .
S.2259. A bill to amend the Philippine Re-
tee on Territories and Insular Affairs.
 5954 CONGRESSIONAL RECORD-,HOUSE
project, and in order to place the Au-'
thority in the same position that it would
have been in had it remained in posses-
sion of the project during the war pe-
riod, it is necessary to adjust the interest
rates. It was demonstrated to the satis-
faction of the interested Federal agencies
that if the Authority had retained. pos-
session of the project it would have been
able to refinance its 4-percent-revenue
bonds at a lower rate of interest. It also
would have to earn a sufficient amount
of money based upon its existing rates at
the time the Government took over, to
meet its debt charges during the period
of Federal control.
Mr. Speaker, since this bill affects only
the state of Oklahoma and the Grand
River Dam project originally being a
State of Oklahoma project, it is hoped
that the House will give its unanimous
approval to the enactment of this iegisla-
tion. So far as the distribution of power
is concerned, the war emergency is over.
Itis oUr opinion that the Grand River
Dam Authority of Oklahoma can operate
this project just as successfUlly and effi-
ciently as the Federal Government. We
want our property back.
The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed, and a motion to recon-
sider was laid on the table.
ALASKAN INTERNATIONAL HIGHWAY
COMMISSION
Mr. SABATH. Mr. Speaker, 1: call up
House Resolution 636, and ask for its-
immediate consideration.
The Clerk read the resolution, as fol-
lows:
ResolVed, That Immediately upon the adop-
tion of this'resolution it shall be In order to
move that the House resolve itself into the
Committee of the Whole House on the state
of the Union for ~he consideration of the bill
(H. R. 2871) to breate a commission to be
,known as the Alaskan International Highway
Comliliss1on. That after general debate,
which shall 1:1e confined to the bill and con-
tinue not to exceed 1 hour, to be equally di-
Vided and controlled by the chairman and
the ranking minority member of the Com-
mittee on Foreign Affairs, the bill shall be
read for amendment under the 5-minute
rUle. At the conclusion of the reading of the
bill for amendment, the Committee shall rise
and report the bill to the House with such
amendments as may have been adopted and
the previous question shall be considered as
ordered on the bill and amendments thereto
to final passage without intervening motion
except one motion to recommit.
Mr. MARTIN of Massachusetts. Mr.
Speaker, I hope the gentleman will tem-
porarily withdraw this resolution. I
understood this was to be taken up on
Friday, and therefore we are not pre-
pared to take it up at this time. I dislike
to raise the question of no quorum.
The SPEAKER. Of course, that will
not be necessary.
Mrs. ROGERS of Massachusetts. Mr.
Speaker, will the gentleman Yield?
.Mr. MARTIN of Massachusetts. I
yield.
Mrs. ROGERS of Massachusetts. This
was reported unanimously by the Foreign
Mairs Commitee, both Republicans and
Democrats voting for it unanimously.
Mr. MARTIN of Massachusetts. I ap-
preCiate that, but this was to be taken
up on Friday.
The SPEAKER. It is on the program
for today.
Mr. MARTIN of Massachusetts. 1 un-
derstand that, but since that was ar-
ranged I had a talk with the majority
leader.
Mr. MANSFIELD of Montana. The
majority leader brought it out the third
time this afternoon when the gentleman
from Massachusetts questioned him.
Mr. SABATH. There is a similar bill.
Perhaps that is what the gentleman was
referring to.
Mr. MARTIN of Massachusetts. No.
We understood that after the appropria-
tion bill this afternoon ·there would be
no other legislation. We felt that it
could be taken up on Friday very easily,
and I have told a great many Members
there would be no other business after
the appropriation bill today.
Mr. SABATH. Naturally, Mr. Speak-
er, in View of the understanding of the
gentleman from Massachusetts, I am not
going to insist on consideration of the
resolution, because I would not like to
see all the Members brought back.
The SPEAKER: The gentleman with-
draws the resolution.
EXTENSION OF REMARKS
Mr. KEOGH asked and was given per-
mission to extend his remarks in the
RECORD and include a message received
by the Superintendent of the United
States Maritime Academy from the Su-
perintendent of the Naval Academy and
his reply thereto.
ALASKAN INTERNATIONAL HIGHWAY
COMMISSION
Mrs. ROGERS of Massachusetts. Mr.
Speaker, I ask unanimous consent to ad-
dress the House for 1 minute.
The SPEAKER. Is there objection to
the request of the gentlewoman from
Massachusetts?
There was no objection.
Mrs. ROGERS of Massachusetts. Mr.
Speaker, I just wanted to say that Gen-
eral Eisenhower testified before the For-
eign Mairs Committee yesterday. He
endorsed the purposes of the bill offered
by the gentleman from Montana [Mr.
MANSFIED] very highly, saying it was a
very important measure for our. national
defense.
Mr. MANSFIELD of Montana. Mr.
Speaker, will the gentlewoman yield?
Mrs. ROGERS of Massachusetts. I
yield.
Mr. MANSFIELD of Montana. I wish
to corroborate the lady\s remarks, of
course, and to point out 'that as far as
this bill is concerned it ties in very closely
with our economic and strategic security,
Mrs. ROGERS of Massachusetts. Yes,
and General Eisenhower stressed that
yesterday.
The SPEAKER. The time of the gen-
tlewoman from Massachusetts has ex-
pired.
PERMISSION TO ADDRESS THE HOUSE
Mr. DE LACY. Mr. Speaker, I ask
unanimous consent to address the House
for 1 minute and to r.evise and extend my
remarks.
The SPEAKER, Is there objection to
the request of the gentleman from
Washington?
There was no objection"
MAY 29
Mr. DE LACY. Mr. Speaker, since
probably I cannot be here on Friday. I
wish to make a few remarks about the
bill H. R. ,2871 which I may say I regard
with a friendly eye, inasmuch as my own
bill, H. R. 2654, is identical with that of
the gentlemaI). from Montana. He, of
course, has added a couple of words "Al-
berta and Saskatchewan" which words
will bend the road and make it between
five or six hundred and a thousand miles
longer; but, as I say; I view it with a
friendly eye.
Inasmuch as the highway commission
which has already been established has
rendered a report and completed its work
and has recommended one of two pos-
sible routes to Alaska as the best, I can-
not see much use for another commis-
sion being set up to consider the subject
further.
Mr. MANSFIELD of Montana. Mr.
Speaker, will the gentleman yield?
Mr. DE LACY. I yield.
Mr. MANSFIELD of Montana. I may
say to the gentleman from Washington
that the ground has not been gone over
east of the mountains on the surveys the
Commission is to consider. It can make
a recommendation at that time for the
building of the road or roads anywhere
in those Provinces and Yukon Terri-
tory. So I hope there will' be no dis-
agreement between us.
Mr. DE L~CY. No real disagreement,
but I may say' that President Hoover
had a commission to study the route
which a road should take to Alaska.'
Subsequently President Roosevelt ap-
pointed one headed by a former Member
of this House, now oUr State's distin-
gUished senior Senator.
The Commission has studied routes.
It has made its report to the President.
The Public Roads Committee of this
House looked the field over last summer
and issued a full-dress report.
The present status of the interna-
tional highway is that negotiations be-
tween our Government and' Canada are
under way to determine proper alloca-
tion of costs between the ,countries.
The logical route is the coast route,
but I will say to the gentleman that I
cannot bring myself to oppose his most
understandable desire to have possible
routes studied for a road from points
in his State to Alaska. All of us want
to see that great Territory developed.
LEAVE OF ABSENCE
By unanimous consent, leave of ab-
sence was granted as follows:
To Mr, CORBETT (at the request of Mr.
SIMPSON of Illinois), indefinitely, on ac-
count of illness.
To Mr. ALMOND, from Thursday, May
3D, through Tuesday, June 4, 1946, on
.account of official business.
To Mr, COURTNEY <at the request of
Mr. PRIEST), for 10 days, on account of
serious illness in family,
SENATE ENROLLED BILL SIGNED
The SPEAKER announced his signa-
ture to an enrolled bill of the Senate of
the follOWing title:
S.7. An act to improve ~he administration
of justice by prescribing fair administrative
procedure.
1946 CONGRESSIONAL RECORD-SENATE
PETITIONS, ETC.
Under clause l' of rule XXII, petitions
and papers were laid on the Clerk's desk
and referred as follows:
1924. By Mr. CQLE of Missouri: Petition
of the International Union of United Brewery,
Flour, Cereal, and Soft Drink Workers of
America, Locals No, 93 and 116. of St. Joseph,
1140" protesting present and future restric-
tions on the quantity of grains available for
the manUfacture of beer; to the Committee
on Agriculture. • the following senators answered to their
1925. By Mr. STEFAN: Petition of Farmers
Union, Local No. 319, Saunders .County,
Nebr.; to the Committee on BankIng and
Currency.
1926. By the SPEAKER: Petition of Lodge
402, International Association of Machinists,
petitioning consideration of their resolution
With reference to endorsement of House bll1
4051; to the Committee on Military Affairs.
1927. Also, petitlon of 250 citizens of
Wayne. Pa., and vicinity, petitioning consid-
eration of their resolution with reference to
request for legislation calling for the estab-
lishment by law of certain fundamental prin-
ciples deemed essential to the health and
well-being of our country; to the Committee
on the JUdiciary.
1928. Also, petition of director, Sixth An-
nual Model Congress, petitioning considera-
tion of their resolution with reference to
various legislation; to the Committee on
Education.
SENATE
SATURDAY, JUNE 1, 1946
(Legislative day of Tuesday. March 5,
1946)
The Senate met at 12 o'clock meridian,
on the expiration of the recess.
Rev. Bernard Braskamp, D. D;, pastor
of the Gunton-Temple MemQrial Pres-
byterian Church, Washington, D. C.,
offered the' following prayer:
Most mercifui and gracious God, whose
thoughts concerning us are those of love
and peace, grant that every thought and
purpose of our own minds may be
brought into a glad and willingobedi-
ence to Thy divine will.
We pray that our hearts may be im-
pervious to the spirit of personal aggran-
dizement, but we:inay seek one another'S
welfare and bear one another's burdens,
and so fulfill the law of Christ.
Show us how we may find a just and
righteous solution to all the problems of
humr-m relationships. Grant that capi-
tal and labor, employer and employee,
and men everywhere, of whatever creed,
class. country, or color, may stand on the
high plateau of brotherhood and patri-
otism and of loyalty to God and human
rights.
We pray that at the eventide of each
day we may have' a conscience that is
peaceful and a heart that is happy and
worthy to receive Thy benediction and
be crowned with the diadem of Thy
praise, "Well done, thou good and faith-
ful servant."
Hear us in the name of the Christ.
Amen. . pointments, I ask unanimous consent to
THE JOURNAL
On request of Mr. BARKLEY, and \>Y
unanimous consent, the reading of the
XCII--383
6073
Journal of the proceedings of the cal- Mr. GUFFEY. Mr. President, I ask
endar day Friday, May 31, 1946, was permission to be absent from the Senate,
dispensed with, and the Journal was beginning at 2 o'clock next Monday after-
approved. noon, for the remainder of that day, and
CALL OF THE ROLL for all day Tuesday.
The. PRESIDENT pro tempore. With-
Mr. HILL. I suggest the absence of a out objection. the request is granted.
quorum. Mr. SALTONSTALL. Mr. President,
The PRESIDENT pro tempore. The I ask permission to be absent from the
clerk will call the roll. Senate from the hour of 1:15 today for
The Chief Clerk caIled the roll, and the remainder of the afternoon.
names: The PRESIDENT pro tempore. With-
out objection, the request is granted.
Aiken Hatch O'Danlel
Andrews Hawkes O'Mahoney Mr. HAWKES. Mr. President, I ask
Austin Hayden Overton unanimous consent to be absent from the
Ball Hlckenlooper Pepper Senate on Monday next.
Barkley Hill Reed
Brewster Hoey Revercomb The PRESIDENT pro tempore. With-
Briggs Huffman Robertson out objection, leave is granted.
Brooks Johnson, Colo. Russell
Burch Johnston, S. C. Saltonstall ENROLLED BILL· PRESENTED
Bushfield Kllgore Ship~tead
Butler Knowland Smith The Secretary of the Senate reported
Capehart La Follette Stanfill that on May 31, 1946, he presented to
Capper Lucas Stewart the President of the United States the
Connally McCarran Taft enrolled bill (S. 7) to improve the ad-
Cordon McClellan Thomas, Okla.
Donnell McFarland Thomas. Utah ministration of justice by prescribing fair
Downey McKellar Tunnell administrative procedure.
Eastland McMahon Vandenberg
Ellender Magnuson Wagner NOTICE OF PUBLICATION OF HEARINGS
F?rguson Maybank Walsh HELD BY THE SENATE SPECIAL COM-
Fulbright Millikin Wheeler MITTEE INVESTIGATING PETROLEUM
George Mitchell Wherry
Gerry Moore Wh:te RESOURCES
Green Morse Wiley
Guffey Murdock Willis Mr. O'MAHONEY. Mr. President, the
Gurney Murray Wilson fourth and fifth series of the hearings
Hart Myers recently held by the Special Committee
Mr. HILL. I announce that the Sena-
tor' from North Carolina [Mr. BAILEY]
Investigating Petroleum Resources, en-
titled, respectively, "Petroleum Require-
and the Senator from Alabama [Mr. ments-Postwar" and "War Emergency
BANKHEAD] are absent because of 1llness. Pipe-Line Systems and Other Petroleum
The Senator from Mississippi [Mr. Facilities," are now available at the
BILBO], the Senator from Nevada [Mr. United States Government Printing
CARVILLE], and the Senators from Idaho Omce, Washington, D. C., for those de-
siring copies.
[Mr. GOSSETT and Mr. TAYLOR] are
absent by leave of the Sznate. Among the subjects mentioned in Pe-
troleum Requirements-Postwar are the
The Senators from Maryland [Mr.
RADCLIFFE and Mr. TYDINGS] have been following: (a) Supply and Demand in
Foreign Areas; (b) Forecast of Future
excused from attendance in the Senate
today in order to be present at the grad- Requirements in the United states; (c)
uation ceremonies at Washington COl- Exploration, Development, and Conser-
lege, Chestertown, Md., where a degree vation of Present Petroleum Reserves;
is to be conferred upon the President and (d) Compilations and Graphs of the
of the United States. Petroleum Industry Growth and Accom-
The Senator from Virginia [Mr. BYRD], plishments. The Superintendent of
the Senator from New Mexic'J [Mr. Documents has· advised me that this
CHAVEZ], and the Senator from New York book, containing 119 pages, may be pur-
[Mr. MEADlllore detained on pUblic.busi- chased at 25 cents per copy.
ness. The booklet entitled "War Emergency
Mr. WHERRY; The Senator from Pipe-Line Systems and Other Petroleum
New Hampshire [Mr. BRIDGES] is neces- Facilities," containing a synopsis of pe-
sarily absent. troleum deliveries by war emergency
The Senator from North Dakota [Mr. pipe lines, including tanker, tank car,
LANGER] is necessarily absent. pipe line, and barge; also giving sugges-
The Senator from New Hampshire tions for the postwar disposal of Gov-
[Mr. TOBEY] is absent on omcial busi- ernment-owned pipe lines, refineries,
ness. and tankers, by the industry, as well as
The Senator from North Dakota [Mr.
YOUNG] is absent by leave of the Senate. Government representatives, and vari-
The Senator from Delaware [Mr. ous interested groups, such as the rail-
BUCK] is necessarily absent. roads, coal associations, arid labor or-
The PRESIDENT pro tempore. Eighty ganizations, may be obtained at $1 per
Senators having answ,ered to their copy. This book contains 431 pages, in
names, a quorum is present. addition to numerous maps and charts.
LEAVES OF ABSENCE
REPORT OF BOARD OF ACTUARIES OF
THE ClVlL SERVICE RETffiEMENT AND
Mr. THOMAS of Utah. Mr. President, DISABILITY FUND (S. DOC. NO. 197)
because of long-standing speaking ap-
The PRESIDENT pro tempore laid be-
be excused from the Senate this after- fore the Senate a letter from the presi-
'noon and Monday. dent of the United States Civil Service
The PRESIDENT pro tempore. With- Commission, transmitting, pursuant to
out objection, the request is granted. law, the Twenty-fifth Annual Report of
 1946 CONGRESSIONAL RECORD-SENATE
equipping, or acquirillg public works of a
permanent character, and to provide for the
payment thereof, and for other purposes;
without amendment (Rept. No. 2247). Re-
ferred to the House Calendar.
Mr. PETERSON of Georgia: Committee on
the Territories. H. R. 6800. A bill to au-
thorize school districts in Alaska to issue
bonds for school construction, and for other
purposes; without amendment (Rept. No.
2248). Referred to the House Calendar.
Mr. BLOOM: (;ommittee on Foreign Affairs.
H. R. 6646. A bill to establish the Office (It
Under Secretary of State for Economic Af-
fairs; with amendment (Rept. No. 2249).
Referred to the Committee 01' the Whole
House on the State of the Union.
PUBLIC BILLS AND RESOLUTIONS
Under clause 3 of rule XXII, public
bills and resolutions were introduced and
severally referred as follows:
By Mr. HOFFMAN of Michigan:
H. R. 6738. A bill to prevent discrimination W. Heavey; to the Committee on Claims.
in employment because of race, creed, color,
national origin, or ancestry; to the Commit-
tee on Labor.
By Mr. RANKIN:
H. R 6740. A bill relating to veterans' pen-
sion, compensation, or retirement pay dur-
ing hospitalization, institutional or domi-
o1llary care, and for other purposes; to the
Committee on World War Veterans' Legisla-
tion.
By Mr. BULWINKLE:
H. R. 6741. A bill relating to the operation
of section 8 of the Federal Airport Act with
respect to the fiscal year 1947; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr. FALLON:
H. R. 6742. A bill to make certain imported
merchandise SUbject to the same internal-
revenue taxes as similar merchandise of do-
mestic origin; to the Committee on Ways
and Means.
By Mr. GATHINGS:
H. R. 6743. A bill relating to the selection
under the National Labor Relations Act of
representatives of employees for collective
bargaining; to the Committee on Labor.
By Mr. GREEN:
H. R. 6744. A bill to provide that every Sat- Shinnick; to the Committee on Claims.
urday shall be a holiday for banks and build-
ing and loan associations in the District Of
Columbia; to the Committee on the District
of Columbia.
By Mr. IZAC:
H. R. 6746. A bill to further amend the act
approved August 27, 1940 (64 Stat. 864); t{)
the Committell on Naval Affairs.
By Mr. KEARNEY:
H. R. 6746. A bill to promote maximum
. employment, business opportunities, and
careers for veterans in a free' competitive
economy; to the Committee on Banking and
Currency. . Donald A. Piper, of Monmouth, Maine, and
By Mr. McCORMACK:
H. R. 6747. A bill to amend section 2 of
PUblic Law 88, Seven.th-ninth Congress, ap-
proved June 23, 1945; to the Committee on
Banking and Currency.
By Mr. TALLE:
H. R. 6748. A blll to prohibit the exporta-
tion of farm machinery (inclUding tractors)
until the domestic farm machinery and farin
labor reqUirements are being currently met;
to the Committee on Ways and Means.
By Mr. LYNCH:
H. R. 6749. A b1ll to amend the Internal
Revenue Code, as amended, and the Social Se-
curity Act, as amended; to the Committee on
Ways and Means.
By Mr. SPARKMAN:
H. R. 6750. A bill to prOVide more efficient petitioning consideration of their resolution
dental care for the personnel of the United . with reference to endorsement of House bill
States Army; to the Committee on Military
Affairs.
By Mrs. LUCE:
H. J. Res. 365. Joint resolutionproPOI;lng
an amendment to the Conlltitution· rel\l.tlng
to the election of the representative of tbe
United States to the Security Council of the
United Nations; to the Committee on the
Judiciary.
PRIVATE BILLS AND RESOLUTIONS
Under clause 1 of rule XXII, private
bills and resolutions were introduced and
severally referred as follows:
By Mr. WEST:
H. R. 6751. A bili authorizing Gus A. Guer-
ra, his beirs, legal representatives, and as-
signs, to construct, maintain, and operate a
toll bridge across the Rio Grande, at or' near
Rio Grande City, Tex., to the Committee on
Interstate and Foreign Commerce.
By Mr. BATES of Massachusetts:
H. R. 6752. A bill for the relief of Anthony
Demetri.os Paschalls, also known as Antonio
Paschalis; to the Committee on Immigration
and Naturalization. -
By Mr. BARTLETT:
H. R. 6753. A blll for the relief of Robert
By Mr. BUCKLEY:
H. R. 6754. A bill for the rellef of Giuseppe
Barile; to the Committee on Immigration
and Naturalization.
By Mr.- GOODWIN:
H. R. 6755. A b1ll for the relief of Mary E.
Gaine; to the Committee on Claims.
By Mr. IZAC:
H. R. 6756. A bill for the relief of Leonard
Ralph McLauchlan; to the Committee on
Claims.
H. R. 6757. A blll for the relief of Colbert
H. Cannon, of Oceanside, Calif.; to the Com-
mittee on Claims.
H. R. 6758. A b1ll for the relief of H. F.
Elliott; to the Committee on Claims.
H. R. 6759. A b1ll for the relief of National
American Fire Insurance· Co. of omaha; to
the Committee on Claims.
By Mr. McCONNELL:
H. R. 6760. A bill for the rellef of PaUl J.
Weimar; to the Committee on Claims.
By Mr. NORRELL:
H. R. 6761. A bill for the relief of Fred E.
Gross; to the Committee on Claims.
By Mr. O'NEAL:
H. R. 6762. A blll for the rellef of Alice E.
By Mr. BATES of Massachusetts:
H. R. 6763. A bill for the relief of Hara-
lambos G. Kaminaris, also known as Harry
G. Toul1atos; to the C'ommlttee on Immigra-
tion and Naturalization.
PETITIONS, ETC.
Under clause 1 of rule XXII, petitions
and papers were laid on the Clerk's desk
and referred as follows:
1960. By Mrs. SMITH of Maine: Petition of
30 other citizens, urging aid in relieVing the
critical grain shortage eXisting in Maine and
throughout the Northeast, requesting a con-
gressional investigation and asking that grain
now used in the manUfacture of alcoholic
beverages be allocated to feed manufactur-
ers; to the Committee on Agriculture.
1961. By Mr. VOORHIS of California: Peti-
tiOn of Mrs. Josephine TOWnley, 108 East
:Falls Street, Ithaca, N. Y., and 37 others,
urging Congress to act favorably on House
Joint Resolution 325, to prevent the use of
grain for nonessential purposes during the
period of shortage; to the Committee on
Agriculture. . endar day Tuesday, June 11, 1946, was
1962. By the SPEAKER: Petition of Fifth
District Advisory Council of Townsend ClUbs,
2229; to the Committee on Ways and Means.
1963. MlIP, peHtiQll of the commander in
~.D~l!'ld P4ilipPlne Constabulliry Vet-
eranll' ~ti~iOJi,ing considera.tion of tbeir res-
olutiOu. wit1J, teierence to request for legis-
G705
lation for pensions for the Philippine Con-
tabulary veterans; to the Committee on Pen-
sions.
1964. Also, petition of the Oberlin Town-
send ClUb, Oberlin, Ohio, petitioning consid-
eration of their resolution with reference to
endorsement of House bills 2229 and 2230;
to the Committee on Ways and Means.
1965. Also, petition. of the Bible Presbyte-
rian Church, petitioning consideration of
their resolution with reference to request for
withdrawal of Russian military forces from
Korea; to the Committee on Foreign Affairs.
1966. Also, petition of Antioch Grange, No.
462, petitioning consideration of their reso-
lution with reference to the strike situation;
to the Committee on Labor.
1967. Also, petition of commiSsion on action
for peace and democracy, Congress of Amer.
ican Women, petitioning consideration of
their resolution With reference to request for
a rationing program; to the Committee on
Banking and Currency.
1968. Also, petition of the chairman, the
Italian-American Labor Councll, petitioning
consideration of their resolution with refer-
ence to a just and honorable peace for the
Italian Republic; to the Committee on For.-
eign Affairs.
1969. Also, petition of Men of Special Serv-
ices, Three Hundred and Seventeenth T. C.
Group, APO 704, care of Postmaster, San
Francisco, Calif., petitioning consideration of
their resolution with reference to extension
of the draft bill; to the Committee on Mili-
tary Alfairs.
SENATE
WEDNESDAY, JUNE 12, 1946
(Legislative day of Tuesday, March 5,
19(6)
The Senate met at 11 o'clock a. m., on
the expiration of the recess.
The Chaplain, Rev. Frederick Browl\
Harris, D. D., offered the following
prayer:
Our Father God, with soiled face and
hands unclean with the dust of earthy
toil, we come to the crystal waters of
Thy restoring grace. As those set aside
to prescribe for the ills of an ailing social
order, first cleanse our own souls from
moral pollution and mental darkness.
In a world where the worst Wars con-
stantly against the best, open our eyes
to invisible allies which fight by the side
of those who keep step. with Thy wiIl-
invincible forces which at last will bend
and break the spears of evil. When
plagued with perplexity we have sought
truth till our minds are wearied, when
faint with the struggle our strength has
departed, when the sadness of the world
creeps into our own eyes, stand Thou in
splendor before us like the light, like love
alllovelY,like the morning and the noon-
tide which slays the shad9ws. Amen.
.THE JOURNAL
On request of Mr.. BARKLEY, and by
unanimous consent, the reading of the
Journal of the proceedings of the cal-
dispensed with, and the Journal was
approved.
. MESSAGES FROM THE PRESIDENT-
APPROVAL OF BILLS .
Messages in writing from the President
of the United States were communicated
to the Senate by Mr. Miller, one of his
6706 'CONGRESSIONAL RECORD-SENATE
secretaries, who also announced that the
President had approved and signed the
following acts:
On ,June 11, 1946:
S. 7. An act to improve the administration
.of justice by prescribing fair administrative
procedure; .
S. 769. An act for the relief of H. H. Ash-
brook, and others;
S. 913. An act to protect scenic values along
and tributary to the Catalina Highway within
the Coronado National Forest, AriZ.;
S. 1106. An act for the relief of Malcolm K.
Burke;
S. 1286. An act for the relief of Sam
Bechtold;
S. 1871. An act to authorize the convey-
ance of a parcel of land at the naval supply
depot, Bayonne, N. ,1., to the American Radi-
ator & Standard Sanitary Corp.; and
S. 1959. An act to authorize the payment
of additional uniform gratuity to reserve
officers commissioned from the status or avi-
ation cadets.
On June 12, 1946:
S.I776. An act to authorize the exchange
of certain land at the Be~'lcia Arsenal, Calif.
LEAVE OF ABSENCE
Mr. VANDENBERG. Mr. President,
at the urgent request of the Secretary of
State, I am returning to Paris, to the re-
cessed meeting of the Council of Foreign
Ministers. I ask unanimous consent
that I may be excused from attendance
on the sessions of the Senate pending
the conclusion of this assignment.
The PRESIDENT pro tempore. With-
out objection, leave is granted.
Mr. CAPEHART. Mr. President, I ask
unanimous consent to be absent from the
Senate until Friday, June 14.
The PRESIDENT pro tempore. With-
out objection, leave is granted.
NOTICE OF HEARING ON NOMINATION OF
LOUIS LEBARON TO BE ASSOCIATE
JUSTICE, SUPREME COURT, TERRITORY
OF HAWAII
Mr. McCARRAN. Mr. President, on
behalf of the Committee on the JudiciarY,
and in accordance with the rules of the
committee, I desire to give notice that a
public hearing has been scheduled for
Wednesday, June 19,1946, at 10:30 a. m.,
in the Senate Judiciary Committee room,
upon the nomination of Hon. LoUis Le-
Baron, of Hawaii, to be aSSociate justice
of the Supreme Court, Territory of
Hawaii. Judge LeBaron is now serVing in
this post under an appointment which ex-
pired March 24, 1946. At the indicated
time and place, all persons interested in
the nomination may make such repre-
sentations as may be pertinent. The
subcommittee consists of the Senator
from Nevada [Mr. MCCARRANJ, chair-
man; the Senator from Utah [Mr. MUR-
DOCK]; and the Senator from Oklahoma
[Mr. MOORE].
NOTICE OF HEARING ON NOMINATION OF'
BUNK GARDNER TO BE UNITED STATES
DISTRICT JUDGE OF THE CANAL ZONE
Mr. McCARRAN. Mr. President, on
behalf of the Committee on the Judiciary,
and in accordance with the rules of the
committee, I desire to give notice that a
public hearing has been scheduled for
Wednesday, June 19, 1946, at 10:30 a. m"
in the Senate Judiciary Committee
room, upon the nomination of Hon.
'Bunk Gardner, of Kentucky, to be United
States district judge of the Canal Zone.
Judge Gardner is now serving in this post
under an appointment Which expired
March 26, 1946. At the indicated time
and place, all persons interested in the
nomination may make such representa-
tions as may be pertinent. The subcom-
mittee consists of the senator from Ne-
vada [Mr. MCCARRAN], chairman; the
Senator from Mississippi [Mr. EAsT-
LAND]; and the Senator from Kentucky
[Mr. STANFILL].
PROPOSED ACQUISITION OF ST. JOHN'S
COLLEGE, ANNAPOLIS
Mr. WALSH. Mr, President, I ask
unanimous consent to have printed in
the RECORD a resolution adopted by the
Committee or. Naval Affairs yesterday
regarding the proposed· expansion pro-
gram of the United States Naval Academy
at Annapolis requiring the acquisition of
the adjacent site of st. John's College.
There being no objection, the resolU-
tion was ordered to be printed in the
RECORD, as follows:
Whereas a proposal has been made that the
expanding program of the Vnlted States
Naval Academy at Annapolis, Md., reqUires
the acquisition of the adjoining site of St.
John's College; and
Whereas the Naval Affairs Committee or
the Senate has held long and exhaustive
hearings thereon; and
Whereas upon careful consideration it is
the sense of this committee that the national
emergency neither justifies nor warrants the
proposed acquisition of St. John's campus:
Now, therefore, be it
Resolved, That said proposed acqUisition
officially known as project No. 460-0 of the
Real Estate Division, Bureau of Yards and
Docks, Navy Department, is hereby disap-
proved.
MESSAGE FROM THE HOUSE-ENROLLED
BILL AND JOINT RESOLUTION SIGNED
A message from the House of Repre-
sentatives, by Mr. Chaffee, one of its
reading clerks, announced that the
Speaker had aflixed his signature to the
following enrolled bill and joint resolu-
tion, and they were signed by the Presi-
dent pro tempore:
s. 1163. An act to provide for the appOint-
ment of one additional district judge for the
northern district of California; and
H. J. Res. 360. Joint resolution to prOVide
for United States partiCipatiOn in the Philip-
pine independence ceremonies on July 4,
1946.
SHORTAGE OF FEED FOR LIVESTOCK AND
POULTRY-PETITION
Mr. WALSH. Mr. President, I ask
unanimous consent to present a copy of a
statement issued by the New England
commissioners of agriCUlture, adopted in
conference at the State House in Boston,
Mass., on June 7, 1946, with reference to
the livestock and poultry situation, due
to the feed shortage, and I request that
it be treated in the nature of a petition,
referred to the Committee on Agricul-
ture and Forestry, and printed in the
RECORD.
There being no objection, the state-
ment was received, referred to the Com-
mittee on AgricUlture and Forestry. and
ordered to be printed in the RECORD, as
follows:
The commissioners of agriculture of New
England met at the State House, Boston,
Mass., in conference with representatives of
the State colleges and dairy and poultry in-
JUNE 12
dustries to consider the feed situation in
New England.
The folloWing situation was found to exist:
1. Laying hens have been cut to 50 percent
of the January 1 number; 8,200,000 hens were
slaughtered between January 1 and May 1;
2,200,000 hens were slaughtered during the
month of May. This rate is 250 percent of
normal, with present rate of slaughter more
than 300 percent of normal. The rate of li-
qUidation is increasing daily.
2. Present replacement flocks are down 15
to 25 percent from last year. Some pUllets
have already been slaughtered due to lack
of feed. Farmers are trying to hold replace-
ment stock. Ultimate size of replacement
flocks depends upon available grain.
3. Broiler production is down 60 to 75
percent from last year.
4. Egg receipts at four major egg-market-
ing cooperatives (Hartford, Conn., Spring.
field, Mass., Brockton, Mass., Derry. N. H.)
were 42 percent less during the first week of
June than in the flrst week of May this year.
5. Considered estimates Indicate the grain
supply for June wlll be less than 50 percent
of last year. More. than 3,000 carloads of
grain are needed to hold present livestock
and poUltry numbers for 30 days.
This means a mllk shortage greater than
last year and a shortage of eggs and pOUltry
this fall and Winter as well as serious dam-
age to farm businesses.
Suggested solutions of this grievous prob-
lem to both consumers and producers are:
1. Loan of Government-owned corn (2.000,-
000 bushels).
2. Subsidy on corn, oats, barley, and other
available grains, except milo, either on Gov-
ernment or private basis.
3. Direct Government purchase of grain
for shipment to deficit areas.
NEW ENGLAND COMMISSIONERS
OF AGRICULTURE,
FREDERICK E. COLE, Massachusetts.
A. K. ·GARDNER, Maine.
STANLEY JUDD, Vermont.
FUNK H. PEET, Connecticut.
ANDREW L. FELKER, New Hampshire.
RAYMOND G. BRESSLER, Rhode Island.
JUNE 7, 1946.
AUTHORITY FOR PROTECTION WORK BE-
TWEEN THE YUMA PROJECT AND BOUL-
DER DAM-QHANGE OF REFERENCE
Mr. McCARRAN. Mr. President, some
time ago the House of Representatives
passed and sent to the Senate a bill (H. R.
5674) to amend the laws authorizing the
performance of necessary protection
work between the Yuma project and
Boulder Dam by the Bureau .of Reclama-
tion. By some misdirection the bill was
referred to the Committee on Commerce.
I have conferred with the acting chair-
man of the Committee on Commerce, the
Senator from Louisiana [Mr. OVERTON],
and I have his consent that the Commit-
tee on Commerce .may be discharged
from the further consideration of the bill,
and that it be referred to the Committee
on Irrigation and Reclamation.
Therefore, Mr. President, I ask unani-
mous consent that the Committee on
Commerce be discharged from the fur-
ther consideration of House bill 5674, and
• that it be referred to the Committee on
Irrigation and Reclamation.
The PRESIDENT pro tempore. With-
out objection, it is so ordered.
REPORTS OF COMMITTEES
The following repoits of committees
were submitted:
By Mr. WALSH, from the Committee on
Naval Affairs:
H. R. 4433. A b1l1 to provide for the con-
veyance to the State of Alabama ftal Use as a