California Lumbermen's Council v. Federal Trade Commission

Petitioners present two motions. One is to strike the transcript of the record heretofore filed in this court, and the other (premised upon the granting of the first) is to require respondent to file a proper transcript of the record or to vacate the cease and desist order made by respondent. Both motions must be denied.

The basis of the motion to strike is that the record as it is before us is not the true record of the proceedings had before the trial examiner. An examination of the petition and supporting affidavits reveals that such record is a true record of the evidence received, but that the real complaint is that the hearing was so conducted by the examiner as not to allow petitioners to make of record matters properly includible in the record.

It is clear that administrative agencies must grant a fair trial. Chamber of Commerce v. Federal Trade Commission, 8 Cir., 1926, 13 F.2d 673, 683, 684 ; Morgan v. United States, 304 U.S. 1, 14, 15 , 58 S. Ct. 773, 999 , 82 L.Ed. 1129 ; Shields v. Utah Idaho Central R. R. Co., 305 U.S. 177 , 59 S.Ct. 160 , 83 L.Ed. -, December 5, 1938; Ohio Bell Tel. Co. v. Pub. Util. Comm., 301 U.S. 292, 302, 304 , 57 S.Ct. 724 , 81 L.Ed. 1093…