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The rapid development of administrative law during this century has meant a multiplication of administrative tribunals. The functions of these bodies vary widely. Some have regulatory powers, others only fact-finding authority. The Interstate Commerce Commission may fix rates; the Tariff Commission may only investigate differences in costs of production.In all such cases, however, there is fundamentally the same motivation behind their creation. The complexity, technicality, constant fluctuations, and expanding scope of the problems that confront Congress have compelled it to devolve some of its authority upon other bodies, and in some cases to set up agencies for the collection of data as a basis for decision. These very same factors have made our traditional trial courts unsuitable agencies for the exercise of powers thus devolved, and politically controlled bureaus unfit for the investigation of politically significant facts. Congress, therefore, has set up specialized bodies, which are to be manned by experts in particular fields, supplied with elaborate means of research, and authorized to act upon the best obtainable information and opinion. The purpose is thus clearly to cause scientific methods and expert judgment to be brought to bear to the maximum extent possible.It is submitted that for this purpose to be carried out—for the duties of these tribunals to be performed under the influence of the “judicial habit of thought”—it is essential that the members be guaranteed independence in the exercise of their personal judgment, uninfluenced by direct pressure from political superiors or special interests. And it is a matter of common experience that independence of tenure is a prerequisite of independence of judgment.

The Purpose: Perspective on the Larger Aspects. The present purpose is not to examine in detail the first year of war administration, but to place some of the larger aspects of the record in such perspective as is possible at close range. Accordingly, four topics will be considered: (1) the theoretic requirements of total-war management; (2) some qualifying factors that must be taken into account in applying these theoretic requirements to appraisal of the actual administrative record; (3) observations pertinent to such appraisal; and (4) conclusion.Managerial Requirements of Total War. Public administration is never so difficult or so crucial as in time of total war. It then becomes the appropriate function of Congress to vote the vast lump-sum appropriations, and to make the broad delegations of power that the President needs, and for the rest, to prod the Commander-in-Chief and his civil and military aides by constructive criticism and suggestion, and to act as a sounding board for public opinion back home, so as to enable executive leadership to deal intelligently with that opinion. Indeed, the latter functions must be exercised with courageous discretion, if fatal errors are not to be forced upon administrators by selfish pressure-groups or uninformed lay opinion.

What is undoubtedly the most thorough and comprehensive study ever made of Federal administrative procedure was completed with the submission to the Attorney General, in a letter dated January 22, 1941, of the final report of the Committee named. In its investigation and report, the Committee confined its attention to those Federal agencies that substantially affect private interests by their powers of rule-making and adjudication. To the study of their procedures, it assigned a staff of lawyer-investigators, which produced 27 mimeographed monographs, 13 of which have been printed as Sen. Doc. No. 186, 76th Cong., 3d Sess. In its interim report of January 31, 1940, the Committee thus described the methods being employed in the preparation of these monographic studies: “They have involved extended interviews with officials and employees of the agencies involved, with members of the public affected, and with attorneys who have represented clients before these agencies. Members of the Committee's staff have attended numerous hearings and other administrative proceedings as observers, and have closely examined the files of the agencies to discover the methods utilized in disposing of matters arising under the various statutes and regulations. Upon the completion of these investigations, the staff has prepared for the study of the Committee a preliminary report upon each agency, discussing in detail its administrative procedures. The report has been given to the officers of the affected agency for their consideration and comment. Thereafter, the full Committee has met with the agency's officers to discuss with them the facts and problems disclosed by the report.” (Final Report, pp. 254–255). The Committee held public hearings in June and July, 1940. In Chapter IX of its final report, it presents recommendations concerning a number of the individual agencies studied; and in Appendices B through M, it summarizes data collected on significant topics.