able flexibility for appropriate differences in regulations. It does not produce the strait-jacket of the Ford proposal. The protection already provided in the present act is clear from the decisions construing similar language in the 1942 act. As the emergency court of appeals ruled in a leading case: "Unless the apparent discrimination is required to effectuate one of the purposes of the act, a regulation must be held to be arbitrary and capricious if its provisions are such that all persons who are similarly situated are not dealt with upon an equal basis by greater burdens laid upon one than are laid upon others in the same calling and condition." Booth Fisheries Corp. v. Bowles, 153 F. (2d) 449. The court scrutinized with care all cases of alleged discrimination. The court held several provisions of regulations invalid on this ground in the Booth Fisheries case, and in, for example, Flett v. Bowles, 142 F. (2d) 559 (1944) (waste paper); Hawaii Brewing Corp. v. Bowles, 148 F. (2d) 846 (1945) (beer in Hawaii); Bayuk Cigars v. Porter, 154 F. (2d) 503 (1946) (tobacco); Resor v. Fleming, 160 F. (2d) 378 (1917). On the other hand, mere differences in regulations for different industries is not necessarily unfair but rather may constitute sensible and equitable handling of the different problems. As the court observed: "The existence of several hundred maximum-price regulations, each designed to fit the problems and practices of a particular industry, makes obvious the importance of applying dissimilar controls to the differing problems which surround differing commodities. There is nothing unfair in the recognition of these differences; on the contrary, an inflexible rule which ignored them would prove to be inequitable in a large number of instances." Buckeye Parking Corp. v. Bowles, 141 F. (2d) 692 (Em. Ct. App.). For example, the automobile industry is under regulation CPR 1, rather than CPR 22. The OPS is now engaged in studying the impact of CPR 1 to determine whether or to what extent a price increase in addition to the 32-percent interim increase granted in March 1951 is fair and equitable. But, as the Buckeye case indicates, there is no reasonable requirement that all industries be under the same exact formula. The automobile industry was not plagued with the happenstance inequities of the general freeze regulation, and was, therefore, not covered by the general manufacturers' regulation (CPR 22) which was issued in large part to correct those inequities. Other manufactured products were also left out of CPR 22 for justified reasons. The products governed by tailored regulations will all be subjected to the same general standards of price control, though there may be differences in the form and techniques of the regulations, including the interim regulations. These standards are sound and tested, effective and fair. They should not be scrapped for a strait-jacket approach which would not only raise Ford's ceiling, which may be justified, but at the same time would scuttle effective price control. Aarons, Robert H., general counsel, United Property Owners__ 1439 Cattlemen's Association 1302 Besse, Ralph M., on behalf of the Edison Electric Institute__ 1807 1775 Blake, William Rhea, executive vice president, National Cotton 1921 Bodfish, Morton, chairman, executive committee, United States Savings and Loan League_. 2032 Brannan, Charles F., Secretary of Agriculture_. Conway, H. M., director of research, National Live Stock Producers DiSalle, Michael V., Director, Office of Price Stabilization_ 2223 449 1333 580 2397 644, 657 1939 1674 Downer, Adin M., assistant legislative director, VFW, accompanied 2479 2227 115 863 1702 Fleischmann, Manly, Administrator, National Production Authority__ Foster, William C., Administrator, Economic Cooperation Administration__. Franz, Chester B., president, Associated Poultry and Egg Industries, accompanied by J. H. Snowgrem, and Alfred Van Waganen___ Freed, Charles C., chairman, public affairs committee, National Automobile Association--- Freiberg, L. A., executive secretary, National Hairdressers and Cosmetologists Association, Inc--- Gibson, Edwin T., Acting Administrator, Defense Production Administration; accompanied by Jess Larson, Administrator, General Services Administration; Charles Kendall, General Counsel, Defense Production Administration; and Matthew Hale, Department of Com merce 2101 2053 179 Statement of-Continued Page 1530 2460 1903 Green, William, president, American Federation of Labor, accompanied 2249 509 2019 262 1721 1116 Lamb, George P., chairman, committee on trade associations, American 2331 La Roe, Wilbur, Jr., general counsel, National Independent Meat 1081 Larson, Jess, Administrator, General Services Administration____ 179 Leighty, George E., president, Order of Railroad Telegraphers; chair- 1819 2443 Linder, Harold F., Willis Coburn Armstrong, Robert Bruce Wright, 357 Long, Russell B., a United States Senator from the State of Loui- 2409 Lucas, Scott W., American Finance Conference, accompanied by Da- 1363 2038 MacKay, A. J., president, Quality Courts United, Inc., accompanied by 1982 Marshall, George C., Secretary of Defense- 787 Massey, Maurice R., Jr., chairman, Federal legislative committee, McCan, Claude, accompanied by Norman Moser and T. L. Roach, Sr-- Mosher, Ira, Chairman, industrial mobilization committee, National Myers, Francis J., in behalf of the National Foundation for Consum 2084 311 1345 1422 1883 1409 1218 417 1860 Nathan, Robert R., National Planning Committee, member AVC.......... 1785 1200 2491 O'Mahoney, Joseph C., a United States Senator from the State of 2369 Peirce, W. G., Jr., president, National Association of Electrical Dis- 2285 Petersen, J. C., president, National Lamb Feeders Association_. 1148 2379 Porter, Mrs. Elizabeth K., president, American Nurses Association___ 2090 Statement of-Continued Reuther, Walter P., president, United Automobile Workers, CIO__. Robinson, John B., Dallas, Tex., representing Journeymen Barbers, Ruffin, William H., president, National Association of Manufacturers, Page 2130 1856 1986 1157 Russell, William W., chairman, legislative committee, accompanied Sawyer, Charles, Secretary of Commerce_ 88 1570 1522 382, 787 Sherrard, Glenwood J., representing American Hotel Association, ac- Spiegel, E. M., second vice president, National Association of Home 1275 1381 Steinkraus, Herman W., chairman, executive committee, United States 2056 1761 Suter, Ray M., council of State Chambers of Commerce and Ohio 2391 Summer, Alexander, president, National Association of Real Estate 1589 Swift, Harley L., vice president, American Transit Association___ 2244 2258 Taylor, Dr. George W., Chairman, Wage Stabilization Board_. 843 2291 Tobin, Maurice J., Secretary, Department of Labor_ 147 Underwood, Thomas R., a United States Senator from the State of 2415 Vanderslice, R. S., chairman of the executive committee, National 1498 Wagner, Walter, legislative representative, Central Labor Union and 2205 2210 ware 2312 Willoughby, Ray W., president, Texas and Southwestern Cattle Raisers 1316 18 Woods, Tighe E., Housing Expediter, accompanied by Milton Davis, and Ed Dupree, General Counsel. 700 Letters, statements, exhibits, etc., submitted for the record by- All American Foundation, Inc., E. S. Hall: Letter enclosing material-American Association of Independent Industries, Wendell Berge: Letter to Senator Maybank__. 2505 2511 Letters, statements, exhibits, etc.-Continued American Association of Social Workers, Philip Schiff, chairman, na- Page 2512 1202 American Home Owners, Inc., Harry A. Werking, president: Letter enclosing material_ American Industrial Bankers Association, Myron R. Bone, vice president: Letter to Senator Maybank__ American Legion, Ralph H. Lavers, director, national economic commission: Statement__ American Meat Institute, Paul C. Smith, vice president, Swift & Co.: 2515 2519 2519 1144 American Mining Congress, Julian D. Conover, secretary: Statement_ 2522 2524 American Public Power Association, Carlton L. Nau, general manager : 2525 Charles H. Slayman, Jr., national legislative director: Letter en- 2527 Parkland Post, Parkland, Wash.: Letter to Senator Maybank.... 2528 2528 2529 2459 Associated General Contractors of America, Inc., H. E. Foreman, managing director: Letter to Senator Maybank_. 2529 Associated Master Barbers of Iowa, A. E. Morehouse, secretary-treasurer: Letter enclosing resolution__ 2531 2532 Atlanta, Ga., city clerk, J. L. Richardson: Resolution and ordinance__ Baker, F. B., vice president, Pullman-Standard Car Manufacturing 2535 2053 1309 Barney, G. R., Boston, Mass.: Telegram to Senator Saltonstall___ 2536 2311 Baruch, Bernard M.: Letter to Senator Moody recommending extension of Defense Production Act_____ 2440 Benton, William, a United States Senator from the State of Connecticut: Increases in commodity prices and volume of trading, 1950-51: 551 Letter from Glenn Cunningham, mayor, Omah, Nebr--- 1637 1638 Letter from Ray J. Sheehan, housing expeditor, Wisconsin___ 1639 1431 Berkeley-Benton Improvement Association, Los Angeles, Calif.: Letter to Mr. Aarons_. 1442 Besse, Ralph M., on behalf of Edison Electric Institute: Statement with charts___ 1808 Bjorkman, Gunnar, Roslindale, Mass.: Telegram to Senator Saltonstall_ 2536 Blake, William Rhea, executive vice president, National Cotton Council of America: Statement___. 1933 Bodfish, Morton, United States Savings and Loan League: Statement. 2036 2536 2123 2536 |