Fleming v. Mohawk Wrecking & Lumber Co.

Background

These cases involve the Temporary Controls Administrator (a presidential appointee) and businesses challenged by price-control investigations, including a wrecking company and a grocery store. After many controls were lifted, the President consolidated the Office of Price Administration into the Office of Temporary Controls and transferred the Price Administrator’s functions to the new Administrator, Philip B. Fleming. Petitioners questioned whether the Administrator could be substituted for his predecessor and whether he could delegate subpoena authority to regional and district officials.

Reasoning

The Court addressed whether the Emergency Price Control Act lets the Administrator delegate the power to sign and issue subpoenas. It distinguished an earlier case (Cudahy) and relied on the Act’s appointment and rule-making provisions, legislative history, and practical needs of a vast enforcement program. The Court concluded the statute and its rulemaking power permit delegation of subpoena authority to regional and district officials so administration would not be paralyzed.

Real world impact

The decision lets local agency officials sign subpoenas in price-control investigations, making enforcement more practical during the transition from wartime controls. The Court also allowed substitution of the new Administrator so pending civil proceedings and liabilities incurred before termination of the Act can continue to be pursued. The ruling ensures investigations and possible suits over past price violations remain available.

Dissents or concurrances

Justice Jackson joined the result but emphasized that delegation should not weaken individual protections; he stressed that judicial safeguards against improper enforcement remain important and justify the practical delegation decision.