"PETTY TYRANTS" OF BUREAUCRACY SCORED BY JUSTICE ROBERTS Supreme Court rulings this week affirming price-control Capitol Hill was especially interested in this statement authority written into war legislation may serve as a spring- board to secure early consideration of the "Fair Government the Justice, in which he complains of a condition the Gwy "Fair Government Practices" bill is designed to correct: Practices Bill" (H.R. 4314), a bill designed to restrict by law the loosely-controlled conduct of the many government bu- "One need only to read the decisions of the Emergency reaus and commissions. Court of Appeals to learn how futile it is for the citizen to attempt to convict the administrator of an abuse of judg- One Supreme Court decision was on the "meat case," an- ment in framing his orders; how illusory the purported judi- other on authority to fix rents. In the meat case, where two cial review is in fact." men were appealing prison sentences for selling beef at above- ceiling prices, and in the rent case, the question was whether Earlier in his dissent, Justice Roberts had noted: legislative powers had been unlawfully delegated to an agency. "Whether there shall be a law prescribing maximum rents The meat case was decided six to three in favor of OPA, the anywhere in the United States depends solely on the Admini- rent case eight to one. strator's judgment. When that law shall take effect, how long it shall remain in force, whether it shall be modified, In each case Justice Owen J. Roberts wrote a separate dis- what territory it shall cover, whether different areas shall be sent. In the meat case, he held that war legislation was not subject to different regulations, what is the nature of the sufficient cause for Congress to delegate away its powers, activity that shall motivate the institution of the law-all and he argued that if this delegation were made for war these matters are buried in the bosom of the administrator and reasons, Congress should so state. nowhere else." "The citizens of this country will then know," Justice The bill, introduced by Rep. Gwynne (R., Ia.) several Roberts said, "that in war the function of legislation may be weeks ago, is designed to protect Congress and the public surrendered to an autocrat whose 'judgment' will constitute from the "petty tyrants" described by Justice Roberts. It is the law, and that his judgment will be enforced by Federal a measure "to regulate the regulators," and to restrict by officials." law the actions of those ruling with powers delegated by Congress under wartime necessity and by the White House. In dissenting on the rent case, Justice Roberts held that here, too, law-making passed into the hands of "a petty Rep. Gwynne has described his proposal as a bill "to desig- tyrant." He said the Court's decision meant in fact that "the nate and make uniform those administrative practices and administrator need find no facts" in the accepted sense and procedures which are generally recognized as fair and equit- that "he need only form an opinion." able to the citizen and essential to orderly and efficient gov ernment." The bill would avoid any interference with su "The judgment of the administrator is, by this act, sub- cessful prosecution of the war by excluding any military, stituted for the judgment of Congress," Mr. Roberts warned. naval or diplomatic functions from its provisions. State Dept. Studies Britain's Right To Export Lend-Lease Commodities Secretary of State Hull this week officially acknowledged we are exporting items similar to those that are being given that we have entered into formal negotiations with the our troops in England under reverse Lend-Lease. British on one of the most delicate phases of Lend-Lease- the desire of the British to export goods which they obtain The position of many Congressmen is that Lend-Lease was through Lend-Lease. not adopted for the purpose of enabling the British manu- facturer to supply his markets at the expense of the American The Secretary told Congress that no agreement on the taxpayer. Unofficial opinion this week is that some concessions question has yet been reached, and he promised to consult would be made to the British, but that they will not receive the Foreign Relations Committee of both Houses before enter- all they are requesting. ing into a formal contract. Actually, there is nothing in the Lend-Lease agreements No Postwar Tax Bill Now: Doughton that prohibits such use of Lend-Lease goods. What happened was that the British, perturbed at the protest here to such Chairman Doughton of the House Ways and exports, made an unilateral statement, known as a "white Means Committee said this week he sympathized with Bernard Baruch's industrial demobilization paper," in which they agreed to abandon the practice. report urging Congress to draft a postwar tax law now that would be encouraging to business, but Officials here divide such exports into three categories, called the proposal impracticable. all of which are under discussion: the direct re-export of Mr. Baruch had urged Congress to prepare a commodities received under Lend-Lease; the export of com- postwar revenue measure now and "put it on the shelf" for immediate use after the war. modities processed by the British from Lend-Lease materials, "If we passed a postwar tax bill now, a succeed- and the export of goods that duplicate goods being received ing Congress could disagree with it, and our work under Lend-Lease (the export of British-made agricultural would have gone for naught," Mr. Doughton said. machinery, while American agriculture machinery, received But he voiced his belief that no succeeding Con- gress would want to impose such high rates as are through Lend-Lease, is used domestically). now levied on corporations, or continue those now in effect any longer than is "absolutely necessary." The British argument is that the "white paper" is forcing He warned against "killing the goose that lays her exporters to abandon their markets to American com- the golden eggs." petitors. This they are bolstering with a new argument that 8-NAM NEWS-April 1, 1944