Aponaug Mfg. Co. v. Bowles
Aponaug Mfg. Co. v. Bowles
Opinion of the Court
One appellant, Aponaug Manufacturing Company, was in 1944 and 1945 a manufacturer and seller of cotton goods which fell under the Office of Price Administration, and the other appellant, Delta Sales Corporation, was its selling broker. Under Section 202(a) of the Act,
On a hearing the subpoenas were held invalid because of alterations and no appeal is taken from that ruling, so they pass out of the case. The “inspection requirements” were held good and not too onerous, though many of the records had been inspected before, and a civil suit had been filed against Aponaug based on that inspection.
The Supreme Court in Fleming, Administrator v. Mohawk Wrecking & Lumber Co., 67 S.Ct. 1129, has settled that the Administrator has validly delegated inspection and subpoena powers to his subordinates, including his District Directors, under his Revised General Order 53. His Field Administration Letter No. 18 authorizes the written designation of responsible staff members to act in the absence of the several Regional, State, and District Administrators and Managers. Nothing appearing to the contrary, we should, on the presumption of the regularity of official acts, regard the officials in this case signing as “Acting” officials, as possessing the authority provided for. Moreover the Administrator himself appeared in court by an attorney of the bar who testifies to his employment as such in the Office of Price Administration, and who acts under Revised General Order No. 3, 9 F.R. 11,137; and the Administrator is asking enforcement of, and thereby ratifying, the inspection requirements. The district judge was warranted in concluding these were authorized. The Administrator now appears by other counsel in this court insisting on enforcement, and their authority is unquestioned.
Whether under the circumstances the inspection requirements were unreasonably burdensome was a question for the district judge. We see no sufficient cause to overrule his conclusion. Some of the burdensome circumstances have now passed away probably. Books which a year ago were under ihspection in Atlanta are probably now back in Mississippi and records which were needed for the conduct of current business in February, 1946, are probably not so needed now. We direct, however, that the orders of the District Court be modified so as to reserve jurisdiction to reconsider them in the event it should hereafter appear that the examination is being unreasonably extended or oppressively exercised.
The judgments for enforcement as modified are affirmed.
50 TJ.S.C.A.Appendix, § 922(a).
Reference
- Full Case Name
- APONAUG MFG. CO. v. BOWLES DELTA SALES CORPORATION v. SAME
- Status
- Published