HEARINGS

BEFORE THE

SUBCOMMITTEE ON ADMINISTRATIVE
PRACTICE AND PROCEDURE.

J.S. Congress. Senotz.

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

EIGHTY-NINTH CONGRESS

FIRST SESSION

ON

S. 1160, S. 1336, S. 1758, and S. 1879

BILLS TO AMEND THE ADMINISTRATIVE PROCEDURE ACT,
AND FOR OTHER PURPOSES

49-772

MAY 12, 13, 14, AND 21, 1965

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1965

KVC 7065

CONTENTS

CONGRESSIONAL

HEARINGS PROTS AND REPORTS

STATEMENTS OF WITNESSES

Robert M. Benjamin, chairman, Committee on Code of Federal Adminis-

trative Procedure, American Bar Association; accompanied by Chisman

Hanes, chairman, Administrative Law Section Liaison Committee, Amer-

ican Bar Association; Charles W. Ablard and Ben C. Fisher, members

Committee on Code of Federal Administrative Procedure, American

Bar Association; and Joseph B. Hyman, attorney at law, Washington,
D.C..

George B. Burnham, president, Burnham Chemical Co., Washington,
D.Č.

Dan S. Bushnell, attorney at law, Salt Lake City, Utah..

Milton M. Carrow, attorney at law, representating the Association of the

Bar of the City of New York and the American Civil Liberties Union..

Kenneth Culp Davis, professor of law, University of Chicago and member
of the Board of Consultants to the Subcommittee_
Sam J. Ervin, U.S. Senator of North Carolina_
Stuart W. Frankford, past president, National Society of Public Ac-
countants; accompanied by Stanley H. Stearman, general counsel,
National Society of Public Accountants..

Dale W. Hardin, manager, Transportation and Communications Depart-

ment, Chamber of Commerce of the United States; accompanied by

Verne R. Sullivan, assistant manager, Transportation and Communica-

tions Department, Chamber of Commerce of the United States-

William C. Hart, chairman, Rules of Practice and Procedure Committee,

Federal Power Bar Association; accompanied by Louis Flax, attorney

at law, Washington, D.C...

Richard H. Keatinge, chairman, Committee on the Administrative Prac-
tice Act (Administrative Law Section), American Bar Association__
William C. Levy, president, Federal Trial Examiners Conference; ac-
companied by Merritt Ruhlen, chairman, Administrative Law Com-
mittee, Federal Trial Examiners Conference__.
Philip A. Loomis, Jr., general counsel, Securities and Exchange Com-
mission; accompanied by David Ferber, Solicitor, Securities and Ex-
change Commission; Walter P. North, Associate General Counsel,
Securities and Exchange Commission...
Donald E. Marlowe, dean, Engineering and Architecture, Catholic Uni-
versity: and chairman, Legislative and Government Affairs Committee,
National Society of Professional Engineers; accompanied by William
Patton, legislative counsel, National Society of Professional Engineers__
Eugene Patterson, editor of the Atlanta Constitution, Atlanta, Ga., and
chairman, Freedom of Information Committee, American Society of
Newspaper Editors..

Edwin F. Rains, Assistant General Counsel, U.S. Department of Treas-
ury; accompanied by Charlotte W. Lloyd, special assistant to the Gen-
eral Counsel..

Charles A. Robinson, Jr., staff engineer and staff counsel, National Rural

Electric Cooperative Association; accompanied by Robert D. Partridge,

legislative representative, National Rural Electric Cooperative Associ-

ation; and Robert O. Marritz, staff engineer, National Rural Electric

Cooperative Association.....

Norbert A. Schlei, Assistant Attorney General, Office of Legal Counsel,
Department of Justice; accompanied by Webster P. Maxson, Director,
Office of Administrative Procedure, Department of Justice---

III