Relation of the Federal Government to Research 



147 



reforms in administrative organization and procedure ; 

 and have been the means of detecting fraud and mis- 

 conduct in the conduct of public affairs. 



The following, taken from Professor Chamberlain's 

 recent work on legislative processes, illustrates the 

 value that these special inquiries may have.'^ 



The investigating eomnussion on workmen's compensation in 

 New York affords an excellent example of the way such a 

 commission works. Very few people in the State knew what 

 workmen's compensation was. Dissatisfaction with the exist- 

 ing method of bringing damage suits for injuries to workmen 

 was widespread, and it was believed that there would be strong 

 support for any substitute which the public could be satisfied 

 was likely to succeed. The commission was instructed to con- 

 sult with experts, to study the laws and the experiences under 

 the compensation .systems of European countries, and to inves- 

 tigate the existing methods of securing relief for persons 

 injured by accidents. 



One of the tirst questions raised in the minds of employers 

 and of the legislators considering the problem was that of the 

 probable cost to employers of compensation, as compared with 

 the existing costs under the damage-suit system. Hence the 

 conmiission was faced with the need of getting material and 

 information from which to answer the question, at least 

 approximately. 



Workmen's compensation was so radical a departure from 

 existing governmental methods that experts familiar with gov- 

 ernmental organization, especially in New York State, had to be 

 called in to advise on the set-up and cost of the administration 

 of a proposed law. Grave ([uestions of constitutionality were 

 faced, and a plan had to be devised which would be held valid 

 by the courts. The commission was instructed to bring in a 

 bill if it found that compensation should be adopted, could 

 be made practical in its working, and constitutional. 



It is clear that the private organizations and labor unions 

 which favored the act could not assemble the requisite Informa- 

 tion. Their estimations of comparative expenses of the new and 

 the old systems, of the way compensation would work in prac- 

 tice — and these were vital considerations — could only be guesses. 

 An official commission, by interviewing public oflScers and judges, 

 employees and members of the bar, could arrive at a much 

 sounder conclusion. The private groups supporting such projects 

 rarely have money enough to pay for the studies of law, includ- 

 ing foreign law, and for detailed studies of the existing situation, 

 or to have an adequate report made on foreign experiences. 

 Furthermore, any material which they might collect would not 

 be depended upon by the legislature, which would regard it as 

 biased. 



In addition to collecting and weighing material and formu- 

 lating an opinion, the investigating commission had to inform 

 the legislature as to public opinion in the State, and had also 

 to inform public opinion on the subject of compensation. The 

 commission carried out this double duty through hearings held 

 at different points in the State, and l)y informal presentation 

 of opinion to the members. 



The mass of authoritative information regarding 

 banking practices and conditions throughout the m orld 

 resulting from the work of the National Monetary 

 Commission of 1908 proved of enormous value in edu- 

 cating Congress and the public in respect to the prob- 



lems of banking reforms then under consideration, and 

 undoubtedly influenced profoundly the character of the 

 action taken — the creation of the Federal Reserve 

 Ranking System. It is difficult to see how, in an 

 equally effective way, could be developed the facts and 

 considerations involved in the recent Congressional 

 inquiries into the munitions industry, and the matter 

 of civil rights as affected by the action of large indus- 

 trial companies toward their employees. And, as Pro- 

 fessor Howard Lee McBain, of Columbia University, 

 pointed out in his article dealing with this matter of 

 Congressional investigations : '' "It is highly unlikely 

 that Mr. Fall or Mr. Doheny or Mr. Sinclair would 

 ever have been brought to trial had not the Senate 

 Committee on Public Lands and Surveys made an in- 

 vestigation of the naval oil leases." The examination 

 of the budgetary problem made by the House and 

 Senate Select Committees on the Budget, through the 

 holding of hearings at which experts described the 

 budgetary systems of other countries and analyzed the 

 problem as it presented itself to the United States, led 

 directly to the passage of the Budget and Accounting 

 Act, 1921, which profoundly modified the whole system 

 of financial administration of the national govermnent. 

 As regards the States, it is known that certain of 

 the surveys of the administrative branch made by com- 

 missions set up by the legislatures have been followed 

 by legislation based upon their findings. The same 

 is true of inquiries in the field of taxation, judicial 

 organization and procedure, and local government. 

 State Government, the organ of the American Legis- 

 lators' Association, in the issue for November 1937, con- 

 tains the results of an interesting survey, made by Miss 

 Martha J. Ziegler, of the results following from in- 

 quiries made by interim committees and commissions 

 of the State of Illinois during the period 1900 to 1934. 

 Her findings are summarized as follows : 



Forty Senate and House committees and 127 joint committees 

 and commissions, which .seemed definitely created to study 

 special subjects for the purpose of aiding the legislative body 

 in the performance of its legislative function, were studied. 

 On this liasis a few minor agencies, such as those set up to 

 .irrange for the erection of statues or monuments, were 

 excluded wliile a few sessional bodies were included. 



Of the li;0 joint committees and commissions, 35, so far as 

 could be ascertained, issued no written reports, but a few of 

 these are known to have had some infltience upon legi.slation. 

 At least 13, however, were almost totally inactive. Approxi- 

 mately 25 out of a group of 76 committees and commissions 

 which had issued reports and recommendations appeared almost 

 completely successful with their legislative programs, while 

 about 11 were unsuccessful. Adequate criteria for determining 

 "success," however, were not available. For example, some 

 committees and commissions may have been able to achieve 

 complete success in the eyes of the legislature by simply being 



"Joseph P. Chamberlain, Legislative Procesaen: National and State, 

 1936, pp. 97-98. 



^ Congressiotial Inquiries and the Constitution, New York Times, 

 March 11, 1928. 



