Evening star. [volume], January 15, 1937, Page A-13, Image 13

About Evening star. [volume] (Washington, D.C.) 1854-1972

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Commissions
Protectors of
Rights
. Delegated Power Neces
sary in 20th Century
Government.
BY DAVID LAWRENCE.
WHEN it is announced that
the Federal Government is
to be ‘ reorganized,” the
word has for the average
man an unspectacular and drab
meaning. But the truth is the aver
age man has a deep and fundamental
reiai ion snip
the problem of
just how the gov
ernmental struc
ture is reorgan
ised — for his
rights and lib
erties may be di
rectly and con
cretely involved.
' So vast is the
Federal machin
ery and so tech
nical are some of
Its many aspects
that it may not
be apparent at
first glance just
David Lawrence.
Why such a thing as a commission or
» board has been established in the
first place and Just what results may
flow from the abolition of the so
called bi-partisan boards.
President Roosevelt's committee of
experts who have just proposed a far
reaching plan of reorganization have
touched lightly on just what is to
become of the commissions and
boards, simply noting that they would
x have their activities placed under one
' or the other of the 12 major depart
ment heads.
' But the commission idea in gov
ernment is a definitely created entity
for a specific purpose and the rights
and privileges of the citizen are in
separably Interwoven in the fate of
the commission principle.
Long Been Advocated.
Thus, it is proposed now to sep
arate the so-called “administrative’’
functions from the “quasi-judicial’’
functions. This is a good thing in it
self and has long been advocated by
Republican as well a.s Democratic
' Presidents. But what does it mean?
Merely that, in the case of the In
t terstate Commerce Commission, for
example, all such work as is done by
the Bureau of Locomotive Inspection
would go Into a regular department of
the Government along with Steam
Mat inspection, airplane safety In
spection or any of the other tasks that
fall upon the Federal Government and
, do not Involve any particular ques
tion of rights except after a dispute
arises, but are concerned primarily
With enforcement of a statute.
A “quasi-judicial’’ function is ex
ercised when matters of freight rates
are to be adjudicated. Here the com
missioners really sit as a court.
The administrative work properly
belongs in the executive department*,
but the quasi-judicial duties do not.
rhe more the latter can be divorced
rom political government and the
»ias that arises in the ordinary rou
, -jne of a political administration, the
setter It Is for the citizen.
Represent A11 Interests.
As a matter of fact. Congress,
throughout the last 50 years, would
never have delegated Its several pow
ers to the executive branch of the
Government were it not for the feel
ing that a commission would repre
lent both the majority and the mi
lority interest* in our democracy and
thus would provide a check within its
«wn walls against arbitrary use of
jolitical power.
i Now it is proposed, in effect, to
ntlce all commissions subservient to
I cabinet officer, who Is a political
tfflcer of the Government. In an
swer to that charge, the statement is
nade that the commissions will be
ai Independent as ever, but only their
hidgets will be subject to supervision
ly a cabinet officer. Nothing Is dis
dosed as yet as to the manner In
k which appointments and removals
are made. This Is the vital part of
the problem. Safeguards will be
urged, no doubt, so that, while the
President has the power of appoint
ment and the advice of the Senate
■till will be necessary for confirma
tion, the grounds of removal may be
even more specifically stated than
heretofore.
Ever since the Supreme Court, by
ananimoua decision in reference to
the unjustified removal of the late
Wiliam Humphreys from the Federal
Trade Commission, said that Con
gress had a right to specify the
grounds of removal and only those
causes could be cited in a removal
ease, there has been a recognition of
the power of the Congress to stipu
late freedom and independence for
the governmental commissions.
Power of Officials.
Many of these commissions, like
the Pederal Communications Com
mission, the Federal Trade Commis
sion, the Interstate Commerce Com
mission and the Securities and Ex
change Commission, could easily be
relieved of their administrative bu
reaus and tl\plr energies concentrated
on judicial disputes. But, If a cabinet
efficer has any control, direct or In
direct, over these commissions, if he
can exercise by patronage any in
fluence on them whatsoever. If he
can control the compensation or the
tenure of office of the commissioners,
then Congress will come face to lace
With a question of whether all the
powers heretofore delegated shall be
revoked or whether statutes hereafter,
when delegating power to the execu
tive departments, will grow more and
more detailed.
unless congress makes its instruc
tions specific, executive bureaus vir
tually have a law-making power.
Commissions have not been so much
criticized for this before because they
follow certain standards prescribed by
Congress and there is always a right
Of appeal to the Federal courts.
There may be many useless com
» missions and boards in Washington,
•nd these ought to be abolished, but
there are also many useful commis
sions which represent not a ‘‘fourth
branch of the Government,” as the
President's committee characterized
them, but true agencies of the na
tional legislature, whose members
realize that statutes cannot be writ
ten to cover every contingency but
must make allowances for examina
tion In judicial fashion of the facts
as they arise in disputed matters.
Delegated power has become neces
sary in twentieth century government,
but the bi-partisan commission is the
only assurance the people have,
through the action of the national
legislature in creating and controlling
auch commissions, that rights and lib
erties will be protected against po
litical exploitation. ,
ICOPCTlSht, 1837J
News Behind the News
France to Adopt Firmer Diplomatic Stand—Speech
less Congressmen Amaze Washington.
BY PAUL MALLOW.
WATCH for Prance to adopt a new sjxd firmer stand in European
diplomacy. Until last week, she had been playing the beggar’s
game. She groaned constantly about poor Prance being
menaced by Germany. In the Moroccan case she suddenly
swerved, dropped her fright, and began to assert herself in somewhat the
same grandstand manner as those eminent leaders of the grandstand
ing arts, Messrs. Hitler and Mussolini. The purpose, of course, was to im
press not only her home folks, but her Moroccan colonists. It worked
perfectly.
You may set it down as more than a semi-official guess that
la Belle France henceforth will attempt to be a new woman. That
probably means bigger and. better weekly crises in Europe. With all
the European outfielders playing to the grandstand, they are bound
to bump into each other sooner or later,
* * * *
This appears to be the strangest Congress ever assembled. The House
had nothing to dp this week, so Floor Leader Rayburn passed around an
inside invitation for all members to get speeches out of their systems now.
Only two accepted the invitation during the first three days. Imagine, If
you can. 435 Congressmen, with
only two speeches In their sys
tems.
Some authorities suspected the
epidemic of speechlessness might
have been caused by spread of
Winter colds, but evidence indi
cates the Congressmen are hale,
if not hearty. Apparently it is only
an epidemic of Rooseveltitis.
The President's opening message
invited action from the court
WOW DOES WE
fAPICT ME TO TAIX
WITH THIS THING
AROUND MY NECK? ^
rather than from Congress. The budget was so puzzling mat tew congress
men can or will speak about it. The Whit* House reorganization message
failed to awaken latent imaginations.
The defect may be remedied too soon.
¥ ^ T ¥
The quiet exodus of the smart young men behind the big officials here
is continuing. Latest to go is Treasury Actuary A. S. McLeod. He is
virtually unknown to the world at large, but on the inside, he is recognized
as the brains of the Federal estimating system. As a Hoover holdover he
had more experience than the New Deal newcomer* and was of great help
in putting the new corporation tax system over in Congress. Like the
other secondry authorities who are departing, he 1* going into business
as an investment counsel. No excuse was offered, but it is understood
McLeod sought more congenial suroundlngs.
Equally significant is the fact that the undersecretaryship of
the Treasury has been vacant for about a year. It is a joke among
New Dealers that Secretary Morgenthau asks every one he meets to
suggest some one, but no satisfactory man has been found who will
take the job. Reports are current that Mr. Morgenthau will soon
start advertising in the help wanted section.
Government service apparently is not considered what it used to be.
Best bet for the new chairmanship of the Securities and Exchange
Commission Is Robert Jackson, the young attorney who distinguished
himself in the preparation of several Government cases before the
Supreme Court. The Justice Department borrowed him from Internal
Revenue for the Associated Gas and Electric case, and then borrowed
him permanently as an Assistant Attorney General. Present Securities
Chairman Land!* will become dean of Harvard Law School in September.
¥ ¥ ¥ ¥
Congressional leaders are having a hard time keeping their public
statements straight with Mr. Roosevelt. The day before Mr. Roosevelt
wum do wt
STAND,JOt^
announced his “it and when bal
ancing of the budget. House Appro
priations Chairman Buchanan said
the budget would not be balanced
for four years more.
The same thing happened to
Speaker Bankhead and Senate
Leader Robinson, who were quoted
in favor of a constitutional amend
ment shortly before Mr. Roose
velt sent up his message against it.
The incidents are accented in the
cloak room as indications that the White House has not been telling the
leaders much.
A good many labor authorities outside the C. I. O. now are
saying John Lewis should not have hopped into the auto strike so
soon. They believe it was premature and therefore very bad strategy,
but they do not blame Lewis. He was forced into it by the auto
unions
As they see it, Lewis cannot afford to lose, because failure would
severly injure his chances of organizing the steel industry foe another
year, if not indefinitely.
The White House decorations for the Supreme Court reception were
composed mostly of snapdragons, but none of the Justices was injured.
Absentees included Justice Stone, who is ill: Justice Brandeis, who rarely
goes, and Justice Sutherland, who looked well on the bench the day before.
(Copyright, 1937.)
CTHt opinions of the writers on this page are their own, not
necessarily The Star’s. Such opinions are presented in
The Star’s effort to give all sides of Questions of interest to its
readers, although such opinions may be contradictory among
themselves and directly opposed to The Star’s.
* _
Absentee Employers
350,000 G. M. Stockholders 81 Per Cent Out of
Touch With Strike Trouble.
BY DOROTHY THOMPSON.
DOES any one really know how
those who, in the last analy
sts, are the "employers” in
General Motors actually feel
about the larger Issues of employer
employe relationships? One has been
asking the leaders of the Automobile
Workers’ Union to prove that they
speak for a majority of the workers.
But is it quite certain that Mr. Sloan
or Mr. Knudsen have been speaking
for a majority of the stockholders?
Or, if they do, is there a minority who
feel differently? Have any of them
been asked? Does anybody know?
There are about 350,000 holders of
common and preferred stock In Gen
erai Motors, ana
SI per cent of
them own less
than 50 shares.
They are all, In
this remote sense,
••employers.” In
an Infinitesimally
modest way my
household belongs
to these General
Motors employ
ers. We, of the
81 per cent, are
almost totally Ir
responsible. We
are absentee own
ers. drawing our
Durothr TtiomiMB
dividends or not, as the case may be,
and knowing little or nothing about
conditions of workers in the 67 plants
which make up the industry. This
is one of the most curious and im
portant phenomena of modern life.
This is what makes the clauses of the
Constitution which were written for
the protection of property so strangely
unreal in the twentieth century. For
when the Constitution was written 80
per cent of the people owned property,
and used that property as the means
of making their livings. But today 80
per cent of the people do not own
property from the use of which they
earn their livings. I own my type
writer, and make my living from that.
I am responsible for what I am writ
ing on it at this moment. But I do
not, in the same sense, “own" Gen
eral Motors stock at all.
Information Lacking.
I cannot recall that the manager*
of any of the corporation* which pay
me dividends and send me handsome
embossed reports from time to time,
and often during the last years have
warned me that my interests were be
ing menaced by legislation in Wash
ington, have ever written to ask:
What attitude would you like your
management to take on the labor
question? Would you like to see your
factories recognize trade unions? We
have paid out so-and-so much this
year in wages for so-and-so much.
Are you in favor of splitting some of
those profit* with the men who helped
earn them? And in what proportion?
I do not know and cannot know the
details of management of these vast
industries. I cannot comprehend all
the difficulties and problems involved.
But I can adopt an attitude toward
general policy. Thus. I shall not con
tlnue to sit down, but to express that
attitude.
I believe in the organization of In
dustrial employes Into trade unions.
I believe in It as a right, and as a
necessity, both for Justice and, in the
long run, for efficiency. I am totally
unmoved by the argument that the
worker in mass production plants has
the right as a free man to bargain
with his employer (the management
chosen by the 350,000 stockholders)
all by himself. That is an unreal
right. The wages that each indi
vidual man gets, the hours he works,
are not a matter which he can indi
vidually arrange with his boss. A
worker on a conveyor belt cannot say
to the foreman: "My wife is going
to have another baby and the mort
gage Is due on the house, and how
about a little raise?” The rate is set
and his personal needs and difficulties
have nothing to do with it.
I believe in independent trade
unions, affiliated with other unions
in other industries, for the same rea
son that I believe in the necessity of
an American Manufacturers' Associa
tion.
I should like to see one trade union
In an Industry, and not half a dozen,
for reasons of efficiency If for no other.
I should like to have an employe's or
ganization which la competent to
speak for all of the employes, so that
when It says something, that some
thing has meaning.
Union llesponsibilty.
But, of course, given such a situa
tion, I should like that trade union to
be responsible. It ought to be in
corporated and subject to the law,
which can hold it responsible for its
contracts. It ought not to be allowed
to call a strike without a two-thirds’
j vote of Its membership, which would
mean a two-thirds vote of all the
workers in a given industry. And
there ought to be some sort of Impar
tial arbitration mechanism to which
both management and employes can
appeal in case of an impasse.
Obviously, such a state of things
cannot function unless it exists. It
would come into existence a great deal
more quickly, first, if the independent
trade unions of the country would
agree, and. second, if the management
of industries would also agree that this
is a desirable state of affairs.
I think it is desirable because I have
just come from a country where indus
trial relations are extremely stable, and
they are stable on this basis. That
country is England. In England a
manufacturer inserted an advertise
ment in the Times last year urging his
workers all to join the union quickly
| "because it makes negotiations so
much easier.”
And if such a state of affairs ex
isted. my conscience, as an absentee
employer, would be easier.
(Copyright. 19.17, New York Tribune. Ine.)
Miners Make Playgrounds.
Scottish miners of West Wemyss.
in Fifeshire, working with pick and
shovel after hours, have turned two
acres into a beautiful village play*
ground.
«s sS
Nourishing AtP Brood Helps Keep ^
These Youngsters Hole ond Hearty
for Any Kind of January Weather.
| “Oh, boy! We like winter,
for we’ve plenty of energy
to keep ut warm end
healthy. We eat A&P
Bread regularly.”
I
n “La»t year we were aick a
lot and didn’t aeem to have
^ the energy and pep it
takes to keep going in
cold weather.”
3 "Now we eat AftP Bread
every meal. It tastes ao
good and helps give us strength
and health for
any kind of
weather."
And there's a rea
son why AsP Bread
Is a more nourish
ing, tastier, fresher
loaf. It’smadeof
only the finest,
most nourishing In
gredients money
can buy * blended
end baked* by
master bakers,
fry a loof today.
Wo know you will
ogre# it’s tastier,
more • nourishing,
bettor— and one
that costs you toss
moody, too*
WHITE -RYE -WHEAT -RAISIN
AND OTHER VARIETIES
I 1 ' I
- m -Tw
This Changing World
Bill Bullitt Talks "Sense” to Blum and Delboa, While
Dr. Schacht Is Only One Silent.
BY CONSTANTINE BROWN.
THIS is the week of diplomatic talks. Tire French are talking to the
Oermans about commercial relations, Mussolini is talking to Her*
man Goerlng about his undying love for Hitler and the Reich.
Eden is talking to everybody, as are American Ambassadors abroad.
Bill Bullitt is talking “sense" to Blum and Delbos. Dr. Schacht is the
only one who keeps silent.
a * * *
Whether these conversations will bear fruit Is a matter which the
future will tell.
A commercial agreement between Trance and Germany cannot pro
vide Hitler with anytning tangiDie.
If the French were to throw a few
colonies in the bargain that would
be a different proposition. And
although Blum Is quite willing to
do so, it Is doubtful whether he
will be permitted to remain In
office should he ask the French to
make territorial sacrifice* while the
British kept all their post-war
loot.
* * * *
TALK
_ . l* '• - . J
V*
kA
The Mussolini-Goerlng conversations are somewhat more important.
Nobody in the Reich was worried that Mussolini would sell out to the
British ... at this time. The interests which bind Italy to Germany
are stronger than the new profession of friendship of Eden, who only a
few weeks ago still maintained an antagonistic attitude toward II Duce.
But what it important in the Rome conversations is that
Mussolini and Hitler’s number one man will lay the course of the
future activities of the two totalitarian states in regard to Spain
and the U. S. S. R.
Both dictators are in agreement that peace ought to be preserved in
Western Europe, provided that the Soviet menace is stamped out. Con
sequently, if the French and their associates agree to throw the Madrid
government overboard and put no further obstacles to Franco’s victory,
Hitler and Mussolini might agree to come to some sort of an arrange*
ment for a non-aggreeslon pact in Western Europe.
But Russia, they say, must be left out. Hitler must be allowed to
handle that situation in the way he likes.
It will be difficult to obtain France's consent to such an arrange
ment. A large number of French people look toward the Soviets as their
only hope In the event of a Franco-German conflict. Wise men tell them
they are wrong because Russia will not be able to do for France more than
It did In 1914. But wise men's counsels do not carry much weight these
days.
* * * *
Blum hu apparently found a politician to accept the job as Am
bassador to Washington.
The French premier has been in search of such a man sinoe last
July, but could find nobody to tackle the Job of “reconstruction of Franco
Amerlcan relations." All the politicians realize that they would be work
ing under a severe handicap unless the debt question is settled. And
what the practical means of settling that question are, nobody can quite
aee. The French are in bad shape financially. The national defense ex
penditure is so huge that there is little left for war debts.
Blum does not want to send a career man to Washington.
They are not sufficiently “elastic ” They stick too much to routine
and tradition. He understands that in order to appeal to the
American people he must have here a man with a different outlook
on life and individuals than a man brought up in the somewhat
stultified “diplomatic" atmosphere.
Georges Bonnet, who is reported to have finally consented to oome to
Washington, might be the man to present the French “case" to the
people of this country. He Is a politician, was several times in the cabi
&J<r/&£ /
Zjjwh
net and has ambitions of becom
ing some day France's prime min
ister. Politically, he is at present
on the fence. He is not a devotee
of Leon Blum, but for the time be
ing while the French people seem
satisfied with the manner with
which Blum is conducting their af
fairs, there is but little chance for
any politician to dislodge the So
cialist premier.
Hence. Bonnet, it aaoears. does
not mind accepting the somewhat unthankful job as Ambassador to the
United States. If he can be successful here, there is so much to be gained
for his political future.
In any case he can watch developments from Washington and return
to France at the psychological moment. The chances are that he will be a
good representative of France.
Advertising Agents Meet.
Approximately 50 members of the
American Association of Railway Ad
vertising Agents assembled at the
Mayflower Hotel today for the an
nual convention of the association.
The convention will close tomorrow
night.
Esperanto Classes.
Classes in Esperanto will be held
each Friday at 7:30 p.m. in the page,
boys' school room at the Capitol, be
ginning tonight. Gerald F. Small,
former president of the Esperanto Club
of Washington, which is sponsoring
the classes, will be the instructor.
Headline Folk
and What
They Do
S, E. C. Chairmanship
Possibility Has Steel
Trap Mind.
BY LEMUEL F. PARTON.
T OUR village swimming pool
Ernest Angell used to climb
•bout 20 feet up the aide of
the cliff and dive into the
rocky basin, 6 feet deep and about IS
feet across. He was then in his 40s, a
lean precisionist who never made a
mistake. He was my neighbor down
the country road for quite a stretch,
and I admired tremendously both his
Intellectual and diving poise—he had
the same take-off In both.
The talk is now that he may suc
ceed James M. Landis as chairman of
the Securities and Exchange Commis
sion. He is a New York lawyer, ap
pointed regional administrator of the
New York office of the commission
last March 14. His ability disclosed in
this office has advanced him toward
the chairmanship.
Although Mr. Angell is a native of
Cleveland, he is, I believe, of New
England descent. At any rate, he has
what might be called New England
reserve and would be embarrassed by
any adequate appraisal of his mind
and capacities. One may say. how
ever, that it is a steel-trap mind.
Knows His Economics.
Mr. Angell is a liberal, who knows
the economic facts of life. His mags -
sine articles on political and economic
subjects have no loose ends nor ravel
ings. They reveal a detachment com
parable to his mathematical diving
trajectory—or the excellent timing and
even pace of his tennis, which is his
favorite game.
He was graduated from Harvard
and from Harvard Law School in the
class of 1913. He practiced in Cleve
land from 1913 to 1917, was a captain
in the World War and thereafter es
tablished himself In New York. He is a
member of the law firm of Hardin,
Hess & Eder. He has an intellectual
integrity which makes one think San
tayana picked the wrong man to pose
for “The Last Puritan.”
Lady Rhondda's sense of timeliness
and of current political values was
exemplified upon her arrival in this
country in the Interest of her weekly
magazine, Time and Tide, when with
a negligent gesture and a casual sen
tence or two she dismissed a chapter
in her life which other English women
would savor and remember in detailed
accuracy throughout their earthly days.
This was her brief term in jail for
dropping bomba in a letter box.
Tall, handsome, dynamic, an ex
ponent of outdoor sports, she found
her athletic ability an asset when, as
a passenger on the ill-fated Lusitania,
she went down with the ship. light
ing to the surface, she swam to a
plank and so was saved.
Now in her forty-fourth year, she Is
the daughter of the late David
Thomas, Welsh industrialist, wno was
created viscount in 1918. Educated
at Somerville College, Oxford, aha
reaches back on her paternal side into
English delvers of earth and on her
mothers aide Into noble English
blood.
tCoprrlsht. 1987.1
$600,000 Insurance Paid.
Trustees of London's Crystal Pal*
ace. recently destroyed by Are, have
been paid S600.000 Insurance.
pBah Jovi^what beastly lucl—now 77/ nttsi
lunch <&ni tpy CMP. 0/ Jkin^jCoffee^