FOR ADMINISTRATION

HEARINGS

BEFORE A

SUBCOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

SEVENTY-FIFTH CONGRESS

THIRD SESSION

ON

S. 3676

A BILL TO ESTABLISH A UNITED STATES COURT OF APPEALS
FOR ADMINISTRATION TO RECEIVE, DECIDE, AND EXPE-
DITE APPEALS FROM FEDERAL COMMISSIONS, ADMIN-
ISTRATIVE AUTHORITIES, AND TRIBUNALS IN
WHICH THE UNITED STATES IS A

PARTY OR HAS AN INTEREST

AND FOR OTHER

PURPOSES

56821

PART 2

APRIL 6, 1938

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1938

ADMINISTRATION

APRIL 6, 1938

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C. The subcommittee met, pursuant to adjournment, in room 318, Senate Office Building, at 10:40 a. m., Senator M. M. Logan (chairman) presiding.

Present: Senators Logan (chairman), Norris, and Burke.

FURTHER STATEMENT OF DR. FREDERICK F. BLACHLY,
WASHINGTON, D. C.

Senator LOGAN. All right, Doctor, if you will come around, we will proceed to finish up with you.

Mr. BLACHLY. If Mr. Laski is in a hurry-—

Senator LOGAN. I beg pardon?

Mr. BLACHLY. If Mr. Laski is in a hurry to leave

Mr. LASKI. No, no.

Senator LOGAN. I don't know whether we are going to keep you. Do you have some further statement to make?

Mr. BLACHLY. No; I have no statement, unless there are some questions.

Senator LOGAN. Senator Burke?

Senator BURKE. No; I think not.

Senator LOGAN. I would like to ask you a question or two, Doctor. In your opinion, in the hearings given by the regulatory authorities. prior to the issuance of the orders and decisions included in this bill, is that adequate to protect the rights of the parties? Is the hearing that is given adequate to protect the rights of the parties in the department?

Mr. BLACHLY. Yes. It seems to me that it is. In order to have adequacy, it seems to me you have to have several things. In the first place, you must have the right kind of process, and in the second place you must have the right kind of people before which the hearing is given. And in practically all of the big regulatory boards and commissions they have a process and procedure which it seems to me is quite adequate.

Senator LOGAN. Are all the orders and decisions which are reviewable by the provost court under this bill now reviewable by subsidiary courts under statutory provisions?

Mr. BLACHLY. Yes. In this proposed bill there have only been included those particular types of orders and decisions which are at present appealable to the courts.