Fleming v. Mohawk Wrecking & Lumber Co.
331 U.S. 111 (1947)

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U.S. Supreme Court

Fleming v. Mohawk Wrecking & Lumber Co., 331 U.S. 111 (1947)

Fleming v. Mohawk Wrecking & Lumber Co.

No. 583

Argued April 1, 1947

Decided April 28, 1947*

331 U.S. 111

Syllabus

1. The President's Executive Order No. 9809, issued under § 1 of the First War Powers Act of 1941 after the cessation of hostilities but before the termination of a technical state of war, validly consolidated the Office of Price Administration and three other agencies into the Office of Temporary Controls. Pp. 331 U. S. 113-119.

(a) The war powers are adequate to deal with problems of law enforcement which arise during the period of hostilities, but do not cease with them. P. 331 U. S. 116.

(b) Section 1 of the First War Powers Act, authorizing the President to redistribute functions among executive agencies, authorizes the creation of a new agency and the consolidation within it of functions and powers previously exercised by one or more other agencies. P. 331 U. S. 116.

(c) The authority conferred upon the President by § 1 of the First War Powers Act was not limited to the transfer of functions from agencies existing when the Act became law. P. 331 U. S. 117.

(d) An incumbent of an office "existing by law," within the meaning of § 2, at the time of the passage of the First War Powers Act who has once been confirmed by the Senate need not be confirmed again in order to exercise powers transferred to him by the President from another officer appointed by the President and confirmed by the Senate. P. 331 U. S. 118.

2. Under Rule 25 of the Rules of Civil Procedure, the Temporary Controls Administrator was properly substituted for the Price Administrator in pending enforcement proceedings after the lifting of most price controls -- there being "substantial need" for continuing and maintaining enforcement proceedings previously

Page 331 U. S. 112

brought by the Price Administrator, since the Emergency Price Control Act preserved accrued rights and liabilities thereunder. P. 331 U. S. 119.

3. Under § 201 of the Emergency Price Control Act, the Price Administrator could delegate to district directors authority to sign and issue subpoenas. Cudahy Packing Co. v. Holland,315 U. S. 357, distinguished. Pp. 331 U. S. 119-123.

156 F.2d 891, reversed; 81 U.S.App.D.C. 156, 156 F.2d 561, affirmed.

No. 583. The Price Administrator applied to a District Court for an order under § 202(e) of the Emergency Price Control Act, 56 Stat. 23, as amended, to enforce a subpoena duces tecum issued by a District Director of the Office of Price Administration. The District Court denied and dismissed the application. 65 F.Supp. 164. The Circuit Court of Appeals affirmed. 156 F.2d 891. This Court granted certiorari, 329 U.S. 705, and ordered substitution of the Temporary Controls Administrator for the Price Administrator. 329 U.S. 688. Reversed, p 331 U. S. 123.

No. 512. The Price Administrator applied to the District Court of the United States for the District of Columbia for an order to enforce a subpoena duces tecum issued by the District Director of the Office of Price Administration. That Court ordered compliance with the subpoena. The United States Court of Appeals for the District of Columbia affirmed. 81 U.S.App.D.C. 156, 156 F.2d 561. This Court granted certiorari, 329 U.S. 705, and ordered substitution of the Temporary Controls Administrator for the Price Administrator. 329 U.S. 687. Affirmed, p. 331 U. S. 123.

Page 331 U. S. 113

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