| Show r Washington While iwo congressional congressional donal committees have ha been seekIng seeking seek seek- In ing newspaper pub- pub Legislation petty for themselves es Lobbies In ln promoting In- In estl of or legIslatIve lege legislative leg leg- lobbies the Federal Trade commission has hns quietly taken the position that legislative activities activities' on the part of or Individuals or business business bustness busi bust ness Interests are not so tad bad I Strangely enough the commission heretofore has hns been labeled as rather rath rath- er radical but in lD this Instance It has token taken a much more conservative conservative conserva conserva- tive view of efforts of oC private citizens citizens ens to protect themselves than have havethe havethe the members of or con congress ress The commission made known Its Ifs position In only one case but the understanding Is that It represents a view of or a majority of or the commIssIon com com- j. j mission members and that In all v tr ti probability there will not be much fuss tuss or furore again respecting the efforts of or private citizens to enga engage e ethe the attention Jf A their elected legislators leg leg- when their pocketbooks arcIn are arc In danger No such attitude Is s In evidence at the Capitol Certainly no such evidence has been given gl by Alabama's Alabama's Ala Ala- bama's Senator Black mack and his senate senate senate sen sen- ate Investigating committee The house Investigating committee under under uner un un- der er the chairmanship of John J. J OConner OConnor of New York has hns not been quite so ferocious but It has not overlooked opportunities to get on the front page of ot newspapers whenever whenever whenever when when- ever possible The two congressional Investigations investigations a- a have ha come tl ti be re regarded by liy Washington correspondents largely as farcical I reported to you some weeks n ago o that the probable result result result re re- sult of oC the con congressional Investigations Investigations would be the smearing of oC many men of ot wealth and the exposing exposing ex ex- posing of any shortcomings s of oC corporations corporations corporations cor cor- on which the committees could lay av their hands That has hns been the the result to date and the outlook outlook outlook out out- look ha has not been chan changed ed As far faras faras faras as anyone can ean see now neither coma comp com- com p a Is going to adduce any evl- evl dence dente or testimony that will be helpful In n the framing of or legislation legisla legisla- tion that tion-that that Is the basis upon which con congressional Investigations In proceed and It Is the only basis in law they have for such Inquiries In support of the assertion that there Is s much publicity sought one needs only to reflect on the circumstance circumstance cir cir- of those two committees committees committees commit commit- tees engaged In a battle hattle to obtain the testimony of oC Howard C. C Hopson Hopson Hop Hop- son the big shot of the Associated Gas and Electric company Mr Hopson Hopson Hopson Hop- Hop son has been sought to give gl testimony testimony mony many respecting his company's lobbying lobbying lob loh- byln activities and was looked upon by the chairman of oC each ench committee com committee com com- as a star witness witness witness-a a star because he Is one of the bl biggest est men In n the utilities field and therefore therefore there there- fore tore good headline material We Re here In Washington saw the spectacle of subpoena bearers from each committee chasing through the streets In a n race to hotels where Mr Hopson was Vas reported seen The elusive Mr Hopson was not dIscovered discovered discovered dis dIs- covered In any of or the three hotels where rumor said he was Then rumor got ot busy again a and a n process server server- raced wildly over the Virginia roads to the nearly nearby near near- by ly estate of Attorney Patrick J. J Hurley Hurey who was secretary of war warIn warIn In President Hoovers Hoover's administration tion and who has hns served as attorney ney here for tho the Associated Gas and Electric comp company at nt times past It turned out that Mr Ir Hopson was not at the Hurley home and the faithful process server was forced to return empty handed t But to get back bac to the Federal Trade commission lon Its position may yet be regarded as ns Delicate determinate determinable only Question on t the e merit of or an nn Individual case or circumstance That Is to say the commission probably has not condoned condoned condoned con con- sharp practices In the relationships re re- between private business and official agencies The TIle action of or the commission inthis In Inthis this Instance was with reference to a motion of ot counsel for the International In In- Association of Ice Cream Manufacturers The attorneys asked that the commission strike out oCth of oC th the complaint n against the association tion three pnra paragraphs which charged association officers and members with attempting to urge e legislation and local ordinances In bad faith That question of course Is very del del- It presents a n collateral questIon question ques ques- tion as to whether when an Individual Indi vidual seeks legislation of a n protective pro pro- e character for or his own Interests Interests Inter Inter- ests or le legislation that will lid ild hImIn him himIn himin In his business ess h ha has hns done so In tin bad faith Un Undoubtedly there may be times when had bad faith could be properly charged But In dIscussIng dIscussIng- this phase of the situation In many quarters In Washington I found the consensus to he be that protection of or property can hardly be cataloged as effort mn made e In bad faith Nevertheless the politicians a at the Capitol take a different attitude and the do not ot hesitate to follow through any scent they obtain of or Information which when published will hit newspaper front pages The reason I regard the action of oC the Fe Federal eral Trade commission as as being so significant Is s that the commission commission commission com com- mission deals with literally thousands thousands thousands thou thou- sands of or Individual businesses each ench year It has hns jurls Jurisdiction to order elimination of ot unfair trade trado practices practices tices and to ex expose ose Just plain cheating In private business Therefore Therefore Therefore There- There fore the commission may moy he said s. to have a n vital Influence on the lives and businesses of ol those whose operations operations op op- may be characterized as small and Important only onty In small communities as veil ven as on the great masses of or capital and national trade associations Since the commission has hns shown a n willingness ness to consider the rights of oC Individuals to foster their own Interests some observers believe e that Its prestige will be enhanced enhanced en- en lanced and that we may find In the future that the commission will be bea ben a n popular governmental unit rather rath rath- er than one which business looks upon with fear Throughout the Roosevelt elt administration administration admin admin- we have Im observed e almost d dally daily a 1 I y announce- announce Executive ments t that hat h a t t the h e Orders President has done this that or the theother theother theother other thing by executive order In the rush of le legislation designed to o help us over the emergency In 1933 executive orders came thick and fast No one thought a n great deal about them It was unusual for them to emerge from the White WhiteHouse Whitehouse House louse In such numbers but I beleve believe be- be leve lieve It was the general desire to forget the precedent that was being established numerically at nt least In Inthe Inthe Inthe the Issuing of executive e orders because because because be be- cause of or the acute con conditions In the country Subsequently attention was called officially to the great number of ot these orders and that they had the force and effect of ot law It was the themore themore themore more Important because the Supreme Su- Su preme court of or the United States called attention to the fact The court digressed far enough In a n weighty opinion which It rendered to suggest that It was Impossible for the average Individual to know what these executive e orders contained contained con con- what Inhibitions or prohibitions prohIbItions prohibitions were prescribed and what rights If any a citizen clUzen had left The American Liberty league which Is addressing Itself consistently consistently consist consist- to analysis of ot governmental affairs Informs me that between March 4 1033 1933 and the end of ot July 1035 Mr Roosevelt Issued than one thousand two hundred and fifty executive orders The league offices also say that this Is a greater great- great er total than the number of executive executive executive tive orders Issued over the precedIng preceding preceding ing 10 years Some fifty new agencies and additional additional addi addi- branches of existing agencies or departments have been created by the tile simple expedient of an executive executive ex ex- 11 ve order In addition to the executive orders orders orders or or- ders It Is claimed that something like twenty thou- thou Orders Upon sand santi Orders the tive orders have been Issued b by officials of various agencies whose sole legal basis for Cor their acts was an executive order sIgned by the President The examples of executive ord orders orders or or- d ders rs which have hwe been cited show clearly a usurpation of legislative e power the league commented In a statement Issued the other day By Byno no stretch of oC the Imagination can cnn many of ot these orders be regarded merely as ns ministerial acts In execution execution execution exe exe- cution of or laws enacted by the con con- gress Policies are Involved which under the principles of ot democracy should be passed upon by the congress congress congress con con- gress members of oC which reflect tho the varIn varying viewpoints of ot citizens of ot different areas and schools of ot thought So Ion long as the Judgment of or the entire membership of th the congress Is applied to Important questions a balance will be maintained maintained main main- In the public Interest It Is contrary to our scheme of government govern govern- ment ent to place supreme power In the han hands s of a n single Individual as ns has hns been done In European countries where parliamentary bodies have become nonentities Encroachment by the executive c upon legislative prerogatives In violation of tile tie Jetter letter letter let Jet ter or even een the Intent of oC the Constitution Constitution Constitution Con Con- smacks of oC autocracy and despotism It Is subversive o of ot popular popular pop pop- ular government So Ion long n as executive orders and administrative e regulations Issued under them Involve only administrative tine tive practices there Is seldom much public Interest In them Always after enactment of legislation the administrative agencies designed to carry out the provisions of oC the legIslation legislation leg leg- Issue rules and regulations Interpreting the statute But It 1 I Ito to be remembered that In such cases the authority Is In a and that statute Is In printed form widely distributed C 0 Western Newspaper Ui ki |
