Readings on the Relation of Government to Property and Industry

By Samuel P. Orth | Go to book overview

VIII
EXCERPTS FROM TESTIMONY GIVEN AT THE HEARINGS BEFORE THE COMMITTEE ON INTERSTATE COMMERCE OF THE UNITED STATES SENATE, INVESTIGATING THE DESIRABILITY OF CHANGING THE LAWS REGULATING AND CONTROLLING CORPORATIONS, PERSONS, AND FIRMS ENGAGED IN INTERSTATE COMMERCE.1

A LETTER FROM THE COMMISSIONER OF CORPORATIONS, MR. HERBERT KNOX SMITH2
Hon. Francis G. NewlandsUnited States Senate, WashingtonDear Senator: Your letter of the 2d instant was received, raising certain questions on the bill for an interstate trade commission (S. 2941) introduced by you. . . .Taking up your questions in order:
(1) "Shall an interstate trade commission be organized?"

If the work is to be simply that of investigation and publicity my experience would indicate that an organization under a single head would be decidedly more efficient. For purely executive or administrative action such form of organization is preferable. If, however, judicial or semijudicial powers are to be exercised the commission form has important advantages; it is better adapted for judicial decision, its judicial rulings would probably carry more weight, and, in any event, it tends to secure stability, continuity of policy, and greater independence of action.

(2) "Shall the Bureau of Corporations be merged in the commission?"
____________________
1
NOTE. All references in this Section are to the Report of Hearings Before the Committee of Interstate Commerce, United States Senate. Sixty-Second Congress, 1911-12. Pursuant to Senate Resolution 98.
2
Pp. 20 ff.

-568-

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