United States Court of Appeals 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 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...U.S. Government Printing Office, 1938 - Courts |
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Page 160
... trial examiners , who shall file with the independent agency his written findings of facts and decision , and shall forward a copy or copies thereof by registered mail to the other party or parties concerned . The independent agency may ...
... trial examiners , who shall file with the independent agency his written findings of facts and decision , and shall forward a copy or copies thereof by registered mail to the other party or parties concerned . The independent agency may ...
Page 163
... trials before this board would make it in many instances a denial of justice . It is not the large interests alone that are involved in administration . The small businessman or the small manufacturer , whose business is infringed or ...
... trials before this board would make it in many instances a denial of justice . It is not the large interests alone that are involved in administration . The small businessman or the small manufacturer , whose business is infringed or ...
Page 164
... trial of these cases closer to these people by providing a " roving " district judge in each circuit whose sole business would be to consider administrative matters ? Mr. MAGUIRE . That is a new idea to me , Senator . I am inclined to ...
... trial of these cases closer to these people by providing a " roving " district judge in each circuit whose sole business would be to consider administrative matters ? Mr. MAGUIRE . That is a new idea to me , Senator . I am inclined to ...
Page 165
... trial . We are now in conference on that bill . I am a member of the conference committee . The conferees will make their report soon , and we will have those additional judges . In view of what you said ' awhile ago , I believe those ...
... trial . We are now in conference on that bill . I am a member of the conference committee . The conferees will make their report soon , and we will have those additional judges . In view of what you said ' awhile ago , I believe those ...
Page 166
... trial and error . We have to start some- thing before we can find out what we can do . We all realize it is a new departure . I am not wedded to any particular idea . The com- mittee is trying to get all the facts together and then do ...
... trial and error . We have to start some- thing before we can find out what we can do . We all realize it is a new departure . I am not wedded to any particular idea . The com- mittee is trying to get all the facts together and then do ...
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adminis administrative action administrative agencies administrative law administrative lawyers administrative tribunal advisory opinion aggrieved person American Bar Association appellate court approved attorney basis bench BLACHLY board or independent circuit courts committee Congress controversy courts of appeals deal Dean POUND declaratory judgment department concerned district courts District of Columbia dockets expertness fact and decision Federal administrative Federal Communications Commission filed findings of fact give going Government Harvard Law School hearing independent agency interdepartmental board interested Interstate Commerce Commission involved istrative judicial organization judicial review jurisdiction jury kind legal limits legislation license matter MAURER MCGUIRE ment multiplied appeals novo objection officer practice present preventive justice procedure proceedings question record review of administrative ROSCOE POUND SEBREE seems Senator KING Senator NORRIS situation statute statutory subcommittee suggested Supreme Court testimony thing thirty days tion trative trial United States Court Washington
Popular passages
Page 160 - ... any documentary evidence of any corporation being investigated or proceeded against; and the commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation.
Page 161 - No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
Page 161 - ... (d) The evidence so taken or admitted, duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a preferred cause and shall be expedited in every way.
Page 161 - ... by the Supreme Court of the United States upon writ of certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (USC, title 28, sees. 346 and 347).
Page 161 - ... issued without due notice and a reasonable opportunity having been afforded to such board of trade for a hearing, or infringes the Constitution of the United States...
Page 161 - ... (4) To IMPOSE DAMAGES. — The Circuit Court of Appeals, the United States Court of Appeals for the District of Columbia, and the Supreme Court shall have power to impose damages in any case where the decision of the Board is affirmed and it appears that the petition was filed merely for delay.
Page 161 - ... the conduct of the Federal Reserve Board, the office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation; or any matter arising under the internal revenue, customs, patent, Interstate Commerce Commission, or Longshoremen's and Harbor Workers...
Page 160 - Such notice shall be given not more than twenty days after the date of receipt of a registered letter notifying him of the decision, act, or failure to act.
Page 160 - ... for an order requiring his attendance and testimony and the production of all documents and objects necessary to the hearing and decision of the board. The chairman of the board shall be authorized to administer oaths to witnesses and there shall be a right of examination and cross-examination of witnesses. (d) When the matter in controversy is such that the delay incident to the hearing and decision of the case is contrary to the public interests and there is administrative action or inaction...
Page 160 - Act), it may be provided by rule that such matter may be heard in the first instance by one of its trial examiners, who shall file with the independent agency his written findings of fact and separate decision or order thereon, which shall be made in all instances, whether by the examiner or the independent agency, after reasonable public notice and a full and fair hearing as hereinbefore in this Section provided.