Algoma Lumber Co. v. Federal Trade Commission

An ex parte order was made in this matter for the inclusion in the record to be certified by the Federal Trade Commission of a copy of the trial examiner’s report upon the facts, and motion is made to amend the order by striking out the requirement that the report of the examiner should be included in the transcript. The statute upon the subject is in general terms (38 Stat. pp. 717, 720, § 5, 15 USCA § 45), and provides that the Commission shall file with the court “a transcript of the entire record in the proceeding, including all the testimony taken and the report and order of the commission.” The statute also provides that the Commission after its hearing “shall make a report in writing in which it shall state its findings as to the facts,” and further provides that the findings of the Commission as to the facts, if supported by the testimony, shall be conclusive, but either party may apply to the court for leave to adduce additional evidence. The Commission states in its application that its uniform practice has been to omit from its transcripts of proceedings the findings of the examiner, and that out of a total of 148 petitions to the-various- Circuit Courts of Appeals in…