it is unlikely that any license suspension proceeding would ever be brought against a person whose violation was merely accidental or for some reason wholly unavoidable. Under the present provisions of the act the court can weigh the degree of willfulness or negligence of the defendant in determining the length of time for which a license should be suspended. To write into the statute an amendment requiring that a violation be willful or culpably negligent before the license suspension proceeding can be invoked would narrow and thereby lessen the effectiveness of the licensing provision of the act. Rationing suspension orders Terminating administrative suspension orders for unlawful diversion of rationed goods and making the enforcement sanctions of the Price Control Act applicable to these violations. The National Council of Independent Petroleum Associations has objected to the system of administrative suspension orders established under authority of the Second War Powers Act to preserve the rationing and allocation of scarce articles from misuse. The council contends that there is no statutory authority for these administrative suspension orders and that the system operates unfairly. The council specifically recommends that suspension order proceedings, in common with other proceedings involving violation of Office of Price Administration regulations, be brought exclusively in the courts and that the present administrative procedure be abolished. Comment. The use of administrative suspension orders for the unlawful diversion of rationed goods is an exercise of Office of Price Administration's rationing functions. These functions were delegated to the agency by the President through the War Production Board and stem from the Priorities and Allocations Act of 1941 and the Second War Powers Act of 1942. The committee may not therefore be disposed to consider at this time the advisability of legislation on this subject. In view of the fact, however, that the issue has been raised before this committee and that Office of Price Administration has been charged with a usurpation of authority, we would like to meet the issue. A separate memorandum will be submitted discussing both the legal authority and the practical necessity for the exercise of this power. APPENDIX RENEWAL OF The presentation outlined 1484 The Emergency Price Control Act.. was passed by Congress January 30, 1942 to protect the Nation from the dangers of war-time inflation. A bill is before the Senate Banking and Currency Committee to extend its life beyond June 30, 1944--in order to continue protection during the critical war period ahead. It is suitable that we at this time give an accounting of how successfully we have fulfilled the duties placed upon us by Congress. Has the cost of living been held in check? The purpose of this statement is to carefully What has been accomplished can be appraised by a brief examination of what happened in previous wars, especially in World War I. |