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SUBCOMMITTEE OF THE
UNITED STATES SENATE
A BILL TO ESTABLISH A UNITED STATES COURT OF APPEALS
WHICH THE UNITED STATES IS A
APRIL 1 AND 5, 1938
Printed for the use of the Committee on the Judiciary
COMMITTEE ON THE JUDICIARY
HENRY F. ASHURST, Arizona, Chairman WILLIAM H. KING, Utah
WILLIAM E. BORAH, Idaho M. M. NEELY, West Virginia
GEORGE W. NORRIS, Nebraska FREDERICK VAN NUYS, Indiana
WARREN R. AUSTIN, Vermont PATRICK MCCARRAN, Nevada
CHARLES L. McNARY, Oregon M. M. LOGAN, Kentucky WILLIAM H. DIETERICH, Illinois GEORGE MCGILL, Kansas CARL A. HATCH, New Mexico EDWARD R. BURKE, Nebraska KEY PITTMAN, Nevada TOM CONNALLY, Texas JOSEPH C. O'MAHONEY, Wyoming JAMES H. HUGHES, Delaware
SUBCOMMITTEE ON S. 3676
WILLIAM H. KING, Utah
M. M. LOGAN, Chairman
GEORGE W. NORRIS, Nebraska
Supot, Dee 4.90 38
UNITED STATES COURT OF APPEALS FOR
FRIDAY, APRIL, 1, 1938
UNITED STATES SENATE,
Washington, D. C.
Present: Senators Logan (chairman), King, Norris, and Austin.
Senator Logan. The subcommittee will now come to order. We have met for the purpose of considering S. 3676, a bill to establish a United States Court of Appeals for Administration. At this point the bill may be included in the record.
(S, 3676 is here set forth in full, as follows:)
(S. 3676, 75th Cong., 3d sess.) A BILL To establish a United States Court of Appeals for Administration to receive, decide, and expedite
appeals from Federal commissions, administrative authorities, and tribunals in which the United States is a party or has an interest, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
TITLE I-UNITED STATES COURT OF APPEALS FOR ADMINIS
SECTION 1. There is hereby created a United States Court of Appeals for Administration (hereinafter referred to as the court), organized and constituted as follows:
(a) The court shall be composed of a chief justice and ten associate justices who shall be selected solely with regard only to their qualifications and fitness to perform the special duties of the court.
(b) The chief justice and the associate justices shall be appointed by the President by and with the advice and consent of the Senate. They shall hold office during good behavior and may be retired as provided in section 714 of the Revised Statutes, as amended.
(c) The chief justice and each associate justice shall receive a salary of $12,500 per year payable monthly out of the Treasury of the United States.
THE CHIEF JUSTICE
SEC. 2. In addition to the duties of an associate justice of the court, the chief justice shall have powers and duties as follows:
(a) He shall preside over all sessions of the entire court.
(b) He shall preside at any hearing or other proceeding before the court or before any division thereof in which he shall participate, unless he shall otherwise direct.
(c) In case of inability to attend any session of the entire court, he shall designate an associate justice to preside over that session.
(d) He shall have power to divide the court into divisions and shall assign to each division such duties as he may deem necessary and proper. Where a division consists of three or more associate justices he shall designate the presiding justice.
(e) He shall, so far as his other duties permit, perform the duties of an associate justice and may assign himself as such to any division of the court.
(f) He shall perform such other duties as necessarily attach to his office as chief justice.
ORGANIZATION OF THE COURT
Sec. 3. The court shall be organized by the chief justice as follows:
(a) The chief justice and associate justices may each constitute a division of the court for the purpose of hearing and deciding appeals coming before the court.
(b) Special divisions, consisting of three or more associate justices, may froin time to time be formed by the chief justice for the purpose of hearing and deciding appeals when in the judgment of the chief justice such special division is necessary to effect the expeditious administration of justice or a hearing by more than one justice is required by law. The chief justice shall designate the presiding justice of such division.
(c) The court may from time to time be divided by the chief justice into sections when in his judgment such division will expedite the administration of justice and permit the handling of related cases by justices who are expert and experienced in the subject matter thereof. The justices to constitute each section shall from time to time be designated by the chief justice with due regard for their several qualifications by way of learning, experience, and special training for the work of the section to which they are assigned.
(d) The decision of any division shall be deemed the decision of the court and shall be final unless, within thirty days from the date the decision is entered, the party of record adversely affected by the judgment files a petition for a review of such decision by the whole court.
(e) The decision of any division of the court shall be reviewed by the court whenever, in the opinion of the chief justice, such review is necessary, or upon the written request of any associate justice.
JURISDICTION SEC. 4. THE JURISDICTION OF THE COURT.-(a) The jurisdiction of the court shall extend to those cases hereinafter enumerated in subsection (d) hereof in which there is a dispute between administrative authority and an individual or individuals or between the administrative authority and a corporation or corporations, but it shall not extend to cases where there is a dispute between individuals or private corporations or between an individual or individuals and a private corporation or corporations arising out of administrative action.
(b) Preliminary to any right to a review on appeal by this court of any administrative decision or by order of an administrative authority or tribunal
(1) the order or decision appealed from must have become a final order or decision of the authority or tribunal issuing or promulgating it.
(2) the parties affected by such order or decision must have had notice and an opportunity to be heard and present evidence including the testimony of witnesses at a hearing.
(3) there must be a record of the proceedings before such authority or tribuna).
(4) there must be a statutory right either to a review of such final order or decision by a United States court or to proceed de novo before a United States court.
(c) The court shall have exclusive jurisdiction to review on appeal all final orders and decisions of the following administrative authorities and tribunals which are now subject to review by the Federal courts as indicated in section (d) of this Act and such other jurisdiction as Congress may from time to time confer upon it. All such jurisdiction now vested in the United States circuit courts of appeals, the United States Court of Appeals for the District of Columbia, the United States district courts, and the United States Court for the District of Columbia is hereby. abolished as to all such orders and decisions becoming final ninety days after the effective date of the passage of this Act.
(d) The jurisdiction of the court shall extend to the following orders and decisions:
(1) Decisions of the United States Board of Tax Appeals (26 U. S. C. 641).
(2) Decisions of the Processing Tax Board of Review in the Treasury Department in respect to the processing tax (7 U. S. C. 648).
(3) Orders of the Interstate Commerce Commission, except orders for the payment of money, as follows:
(A) Orders under the Interstate Commerce Act.
(C) Cease and desist orders under the Motor Vehicle Act.
(D) Orders issued under the authority of the Motor Carriers Act (49 U. S. C. 305 (h); 36 Stat. 1148–1149; 38 Stat. 219; 28 U. S. C. 43).
(E) Negative orders under Motors Carriers Act issued solely because of a supposed lack of power (49 U. S. C. 305 (h); 28 U. S. C. 43).
(4) The following orders of the Federal Communications Commission:
(C) Orders and decisions in respect to construction permit, radio-station license and renewal, and modification and suspension of license (47 U. S. C. 402 (b)).
(D) Decisions in respect to radio requirements, installations, or exemptions from prescribed radio requirements on board ship (47 U. S. C. 361).
(5) Orders and decisions of the Commodities Exchange Commission(A) In refusal to designate a board of trade as a contract market (7 U. S. C. 8).
(B) In re suspension or revocation of the designation of a board of trade as a contract market (7 U. S. C. 8).
(6) Orders of the Federal Power Commission in respect to the regulation of electric companies engaged in interstate commerce (49 Stat. 860–861).
(7) Orders of the Federal Trade Commission:
(B) Cease and desist orders under the Federal Trade Commission Act (15 U. S. C. 45).
(8) Orders of the National Bituminous Coal Commission under the Bituminous Coal Act of 1937 (sec. 6 (b), 50 Stat. 85).
(9) Orders of the National Labor Relations Board: Cease and desist orders from unfair labor practices (29 U. S. C. 160 (e) (i)).
(10) Orders of the Securities and Exchange Commission-
(11) Orders of the United States Maritime Commission: Orders of the Commission under Shipping Act of 1916 (39 Stat. —-) and the Merchant Marine Act of 1936 (46 U. S. C. 1114).
(12) Orders of the Secretary of Agriculture as follows:
(A) Cease and desist orders under the Packers and Stockyards Act (7 U. S. C. 194).
(B) Orders suspending or revoking the privilege of trading in a contract market (7 U. S. Č. 9).
(C) Cease and desist orders to prevent monopolizing or restraining trade and unduly enhancing prices of associations of producers of agricultural products (7 U. S. C. 292).
(13) Cease and desist orders of the Board of Governors of the Federal Reserve System in respect to interlocking directorates and officers (15 U. S. C. 19, 21).
(14) Cease and desist orders of the Secretary of Commerce in respect to monopolization or restraint of trade in the fishing industry (15 U. S. C. 522).
(15) Orders of the Post Office Department requiring publications to be sent by freight (39 U. S. C. 576).
(16) Orders of the Federal Alcohol Administration in the Treasury Department: In re denying application for or the revocation, suspension, or annulment of a basic permit (27 U. S. C. 204 (h)).
SEC. 5. (a) The decisions and orders of the commissions, administrative tribunals, and authorities designated in section 5 may be reviewed by the court if a petition for such review is filed with the clerk of the court by either party within sixty days after the decision or order is promulgated or issued.
(b) No objection to an order or decision shall be considered by the court unless such objection shall have been urged before the commission, tribunal, or authority issuing the decision or order from which the appeal is taken.
SEC. 6. Questions coming before the court may be certified to the Supreme Court of the United States as provided in section 239 of the Judicial Code, as amended.
Sec. 7. The judgment of the court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari in the manner provided in section 240 of the Judicial Code, as amended.
Sec. 8. The court and the Supreme Court shall have power to impose damages in any case where the decision or order is affirmed and it appears that the petition for review was filed merely for delay.
Sec. 9. (a) The filing of a petition for review shall not operate as a stay of execution of the order or decision appealed from; but the appellant may, at the time