17 so that the historical background will be as complete as it is possible The CHAIRMAN. That will be incorporated at this point. HISTORY OF MCCARRAN-SUMNERS BILL (S. 7 AND H. R. 1203, 79TH CONG., 1ST SESS.) (Prepared by C. A. Miller, Washington, D. C., January 31, 1945) The McCarran-Sumners bill is the product of long study of administrative agencies, which have been defined as "something that looks like a court and acts like a court but somehow escapes being classified as a court whenever you attempt to impose any limitation on its power" (58 A. B. A. Rept. 197 (1933)). The subject of administrative law necessarily had to be studied along with the subject of administrative agencies. It has been said that administrative law "results from the reposing of what are essentially legislative or judicial functions (or both) in an official or board, sometimes belonging to the executive branch of the Government and sometimes independent" (58 A. B. A. Rept. 202 (1933)). Genealogically speaking, the McCarran-Sumners bill can trace its ancestry back to the time when Senator Norris, of Nebraska, introduced S. 1835 in the first session of the Seventy-third Congress. This was a bill to establish a United States Court of Administrative Justice, which would have been a consolidation of the Court of Claims and the Court of Customs and Patent Appeals, with 5 additional judges, so that it would have been composed of 15 judges. It was proposed to transfer to this court the adjudications by the courts of the District of Columbia in mandamus and injunction proceedings against Federal officials, the review of decisions of the United States Board of Tax Appeals, and the jurisdiction of the United States district courts over claims against the United States and against collectors of internal revenue. introduced in Congress looking to the improvement of administrative justice. This was the first bill No action was taken on this bill. At the meeting of the executive committee of the American Bar Association, in May 1933 a special committee on administrative law was created (58 A. B. A. Rept. 197 (1933)). That committee submitted its first report at the annual convention of the American Bar Association at Grand Rapids (58 A. B. A. Rept. 407 (1933)). The chairman of the committee stated that: "The committee is not prepared to make a definite proposal cline toward the view that the ideal solution lies in the direction of a Federal * * * I inAdministrative Court, with appropriate branches so as to take over or review the judicial functions of the multitudinous Federal administrative tribunals" (58 A. B. A. Rept. 203 (1933)). The special committee on administrative law submitted a report to the annual convention of the American Bar Association in Milwaukee in 1934 (59 A. B. A. Rept. 539-564 (1934)). The special committee was continued (59 A. B. A. Rept. 148 (1934)). The following resolution of the committee was adopted: "That, subject to the approval of the executive committee, the association authorizes the special committee on administrative law to confer with the appropriate Government officials and to appear before the appropriate committees of Congress and to draft and urge the enactment of legislation in furtherance of the special committee's conclusions" (59 A. B. A. Rept. 152 (1934)). The executive committee of the American Bar Association, at its meeting in January 1935, authorized the special committee on administrative law to draft a detailed bill giving expression to the committee's proposal for an Administrative Court. No bill was precented at the annual convention of the American vention (60 A. B. A. Rept. 136-143 (1935)). Bar Association in Los Angeles, in 1935, for reasons explained at that con S. 3787 and H. R. 12297 were introduced in the second session of the Seventyfourth Congress by Senator Logan and Representative Celler: These were identical bills providing for the establishment of a Federal Administrative Court. The special committee on administrative law submitted a report to the executive committee of the American Bar Association at its meeting in May 1936, detailing features of an Administrative Court bill. The executive committee solution to be submitted at the annual convention of the American approv Ba in Boston that year. e 1 so that the historical background will be as complete as it is possible for me to make it. The CHAIRMAN. That will be incorporated at this point. (The matter above referred to is as follows:). HISTORY OF MCCARRAN-SUMNERS BILL (S. 7 AND H. R. 1203, 79TH CONG., 1ST SESS.) (Prepared by C. A. Miller, Washington, D. C., January 31, 1945) The McCarran-Sumners bill is the product of long study of administrative agencies, which have been defined as "something that looks like a court and acts like a court but somehow escapes being classified as a court whenever you attempt to impose any limitation on its power" (58 A. B. A. Rept. 197 (1933)). The subject of administrative law necessarily had to be studied along with the subject of administrative agencies. It has been said that administrative law "results from the reposing of what are essentially legislative or judicial functions (or both) in an official or board, sometimes belonging to the executive branch of the Government and sometimes independent" (58 A. B. A. Rept. 202 (1933)). Genealogically speaking, the McCarran-Sumners bill can trace its ancestry back to the time when Senator Norris, of Nebraska, introduced S. 1835 in the first session of the Seventy-third Congress. This was a bill to establish a United States Court of Administrative Justice, which would have been a consolidation of the Court of Claims and the Court of Customs and Patent Appeals, with 5 additional judges, so that it would have been composed of 15 judges. It was proposed to transfer to this court the adjudications by the courts of the District of Columbia in mandamus and injunction proceedings against Federal officials, the review of decisions of the United States Board of Tax Appeals, and the jurisdiction of the United States district courts over claims against the United States and against collectors of internal revenue. This was the first bill introduced in Congress looking to the improvement of administrative justice. No action was taken on this bill. At the meeting of the executive committee of the American Bar Association, in May 1933 a special committee on administrative law was created (58 A. B. A. Rept. 197 (1933)). That committee submitted its first report at the annual convention of the American Bar Association at Grand Rapids (58 A. B. A. Rept. 407 (1933)). The chairman of the committee stated that: so that the historical background will be as complete as it is possible for me to make it. The CHAIRMAN. That will be incorporated at this point. (The matter above referred to is as follows:) HISTORY OF MCCARRAN-SUMNERS BILL (S. 7 AND H. R. 1203, 79TH CONG., 1ST SESS.) TO IMPROVE THE ADMINISTRATION OF JUSTICE BY PRESCRIBING FAIR ADMINISTRATIVE PROCEDURE WITH SPECIAL REFERENCE TO AMERICAN BAR ASSOCIATION (Prepared by C. A. Miller, Washington, D. C., January 31, 1945) The McCarran-Sumners bill is the product of long study of administrative agencies, which have been defined as "something that looks like a court and acts like a court but somehow escapes being classified as a court whenever you attempt to impose any limitation on its power" (58 A. B. A. Rept. 197 (1933)). The subject of administrative law necessarily had to be studied along with the subject of administrative agencies. It has been said that administrative law "results from the reposing of what are essentially legislative or judicial functions (or both) in an official or board, sometimes belonging to the executive branch of the Government and sometimes independent" (58 A. B. A. Rept. 202 (1933)). Genealogically speaking, the McCarran-Sumners bill can trace its ancestry back to the time when Senator Norris, of Nebraska, introduced S. 1835 in the first session of the Seventy-third Congress. This was a bill to establish a United States Court of Administrative Justice, which would have been a consolidation of the Court of Claims and the Court of Customs and Patent Appeals, with 5 additional judges, so that it would have been composed of 15 judges. It was proposed to transfer to this court the adjudications by the courts of the District of Columbia in mandamus and injunction proceedings against Federal officials, the review of decisions of the United States Board of Tax Appeals, and the jurisdiction of the United States district courts over claims against the United States and against collectors of internal revenue. This was the first bill introduced in Congress looking to the improvement of administrative justice. No action was taken on this bill. At the meeting of the executive committee of the American Bar Association, in May 1933 a special committee on administrative law was created (58 A. B. A. Rept. 197 (1933)). That committee submitted its first report at the annual convention of the American Bar Association at Grand Rapids (58 A. B. A. Rept. 407 (1933)). The chairman of the committee stated that: I in "The committee is not prepared to make a definite proposal * * cline toward the view that the ideal solution lies in the direction of a Federal Administrative Court, with appropriate branches so as to take over or review the judicial functions of the multitudinous Federal administrative tribunals" (58 A. B. A. Rept. 203 (1933)). The special committee on administrative law submitted a report to the annual convention of the American Bar Association in Milwaukee in 1934 (59 A. B. A. Rept. 539-564 (1934)). The special committee was continued (59 A. B. A. Rept. 148 (1934)). The following resolution of the committee was adopted: "That, subject to the approval of the executive committee, the association authorizes the special committee on administrative law to confer with the appropriate Government officials and to appear before the appropriate committees of Congress and to draft and urge the enactment of legislation in furtherance of the special committee's conclusions" (59 A. B. A. Rept. 152 (1934)). The executive committee of the American Bar Association, at its meeting in January 1935, authorized the special committee on administrative law to draft a detailed bill giving expression to the committee's proposal for an Administrative Court. No bill was precented at the annual convention of the American Bar Association in Los Angeles, in 1935, for reasons explained at that convention (60 A. B. A. Rept. 136-143 (1935)). S. 3787 and H. R. 12297 were introduced in the second session of the Seventyfourth Congress by Senator Logan and Representative Celler. These were identical bills providing for the establishment of a Federal Administrative Court. The special committee on administrative law submitted a report to the executive committee of the American Bar Association at its meeting in May 1936, detailing features of an Administrative Court bill. The executive committee approved a resolution to be submitted at the annual convention of the American |