PORTER v. FLEISHMAN

Civ. No. 3284.

71 F.Supp. 33 (1947)

PORTER v. FLEISHMAN et al.

District Court, D. Oregon.

March 12, 1947.


Attorney(s) appearing for the Case

Roy C. Fox, of Seattle, Wash., and Sylvanus Smith and Henry L. Hess, U. S. Atty., both of Portland, Or., for plaintiff.

James Arthur Powers, of Portland, Or., for defendants.


McCOLLOCH, District Judge.

"In the United States, once Congress delegates authority to an administrative agency, the Congress loses effective control of the use to which that authority will be put, because it places the power in the hands of an independent and sometimes antagonistic Executive department of government. Hence, Congress legislates with wearisome and confusing details, designed to foreclose abuse, on the theory that every administrator will push his authority...

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