Show THIS WEEK in fil washington washing toll with wi clinton davidson davedson Dav ldson I 1 TRIAL WITHOUT JURY now how would you like to be tried lor far a crime in a court without the judge and jury present to hear all of the evidence that of course would be e extremely unlikely to happen a and nd it if it did the verdict would be voided by an appeal court but it has happened many times in washington before so called administrative courts congress Cony resa nver the post past 25 years yearn has delegated judicial powers to 0 o a number of government administrative agencies and boards without requiring x e thit they observe ordinary court procedures the results are forcing con gress to review and reconsider procedures followed by these quasi judicial administrative agencies such as the the FTC the CAA the SEC and others studies are being made by b y special subcommittees of the house judiciary and legislative ti V e oversight committees preliminary reports already made made strongly suggest the need for legislation to eliminate what one report describes as fundamental weaknesses and flagrant abuses code cod of ethics ethic eminent flaw yera and judges disagree over whether judicial powers should be delegated to administrative agencies but they are unanimous I 1 in their opinion that if these agencies are to have court powers they must conduct themselves as a court in all respects the reports are sharply critical crie of sorn some e of the legisla tive administrative judicial agencies for failure to follow ordinary court procedures and practices when exercising life or death powers over business firms appearing before them some members of these boards and commissions commission have in att al good faith felt fell that their doors should be open for consultation with all parties having an interest in a case before them it was a way of obtaining oil all of the information they could that Js Is a practice that no judge in a court would permit and it Is a practice that has led to resignations result ing from charges of improper influence being exerted on the board members or commissioners ners nors absentee decisions De cllon because of public criticism most of the members of the quasi judicial government agencies have discontinued out ot of court couff conferences on cases before them that la is a step in the right direction it would however be a mistake unless still another step is taken if members of an agency exercising judicial powers are to bar all contacts and close their minds to all evidence except that preson presented ted in official hearings they should either be present at all hearings and read all of the evidence or else abstain from voting when the decision is made unfortunately tuna tely they have joined in voting on decisions without having re red id all of the evidence this they admit this is the view held by the united states court of appeals for the district of columbia which in a decision last year involving the granting of a radio station license held that since one of the commissioners said he had not read all of the evidence but had voted anyway the decision was void and the rase case should be reheard in most cases however where the commissioner votes without having read all the evidence the injured party usually is afraid to sue because the commission with which he has to live has great punitive powers we cant in the interest of common justice have two sets of judicial rules one end for judges in a court of law and other less strict for appointed government officials who sits bits as aa judges |