to the complainant only for the particular violation thus complained of. If the defendant does not satisfy the complaint within the time specified, or there appears to be any reasonable ground for investigating the complaint, it shall be the duty of the Secretary to investigate the matters complained of in such manner and by such means as he deems proper." BITUMINOUS COAL COMMISSION The Bituminous Coal Act of 1937 likewise confers authority on the Bituminous Coal Commission to attempt informal adjustment of complaints, and in certain cases to institute complaints on its own initiative. Section 834 (j), providing for complaints by members of the bituminous coal code and others, reads as follows: “(j) Jurisdiction of Commission to hear complaints and issue orders.-The Commission shall have jurisdiction to hear and determine written complaints made by any code member, district board or member thereof, State or political subdivision of a State, or the consumers' counsel, which charge any violation of the code specified in part II of this section (§ 833 of this title). It shall make and publish rules and regulations for the consideration and hearing of any such complaint, and all interested parties shall be required to conform thereto. The Commission shall make due effort toward adjustment of such complaints and shall endeavor to compose the differences of the parties, and shall make such order or orders in the premises, from time to time, as the facts and the circumstances warrant. Any such order shall be subject to review as are other orders of the Commission." In connection with the approval of marketing agency agreements, Section 842 of the Act authorizes the Commission to proceed as follows: "The Commission may, by order, upon complaint of any code member, district board, or member thereof, any State or political subdivision thereof, the consumers' counsel or any other interested person, or on its own motion, suspend or revoke its prior approval of any such marketing agency agreement upon finding that the regulations and orders of the Commission or the requirements of this section have been violated. In connection with complaints with respect to excessive coal prices, or conduct in violation of the Act, Section 845 authorizes the Commission to proceed on the basis of complaints filed with it or on its own initiative: "845. Complaints and hearings.-Upon substantial complaint that coal prices are excessive, and oppressive of consumers, or that any district board, or producers' marketing agency, is operating against the public interest, or in violation of this Act (§§ 828 to 851 of this title), the Commission may hear such complaint, and its findings shall be made public; and the Commission shall make proper orders within the purview of this Act (§§ 828 to 851 of this title) so as to correct such abuses. The Commission may institute proceedings under this section, and complaints may be made by any State or political subdivision of a State or by the consumers' counsel. (Apr. 26, 1937, c. 127, § 15, 50 Stat. 90.)" FEDERAL TRADE COMMISSION ACT The procedure and functions of the National Labor Relations Board have often been compared with those of the Federal Trade Commission. It should be remembered, however, that Section 5 of the Federal Trade Commission Act expressly directs the Commission to prevent any person from using unfair methods of competition, or unfair or deceptive acts or practices, irrespective of any complaint or charge made to the Commission. Section 5 (b) of the Federal Trade Commission Act, authorizing the Commission to proceed on its own initiative, provides as follows: "(b) Whenever the Commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition or unfair or deceptive act or practice in commerce, and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public, it shall issue and serve upon such person, partnership, or corporation a complaint stating its charges in that respect and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. While in practice the Commission will entertain charges made by individuals alleging violation of the Act, the Commission is not required to await the filing of such charges. The regulations of the Commission establishing its rules of practice and procedure provide that any person may apply to the Commission to institute a proceeding in respect to any alleged violation of the law. The rules make it clear, however, that the Commission, after investigation, will proceed "either on its own motion or upon application", but that no formal complaint will be issued unless "the Commission shall have reason to believe that there is a violation of law" or unless "it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public". HEARINGS BEFORE THE SPECIAL COMMITTEE TO INVESTIGATE HOUSE OF REPRESENTATFORD SEVENTY-SIXTH CONGRESS THIRD SESSION PURSUANT TO H. Res. 258 (76th Congress) LIBRARY DEC 16 1940 DOCUMENT A RESOLUTION CREATING A SELECT COMMITTEE DIY Volume 19 FEBRUARY 28-APRIL 26, 1940 Printed for the use of the Special Committee to Investigate |