Speech #860207935

U.S.. 219 U.S.. page 357. the Court was explicit in holding that the Congress may not bestow upon the courts a function nonjudicial. The function must be a judicial one. one to decide cases and controversies. While the courts have generally recognized the power of Congress to clothe matters of an administrative nature with a mantle of a case or controversy. such as naturalization proceedings. expulsion of aliens. and bankruptcy. it is clear that in such cases the matter involves a case or controversy and becomes one of judicial cognizance. whereas. in the present bill the proposed referee is purely an administrative officer and exercises no judicial functions. It is essential to the validity of the proposed measure that the procedure outlined therein be adversary in nature. To anyone who has followed the debate in this Chamber. it becomes crystal clear that the proponents of this bill do not intend that the proceedings before the referee be adversary in nature.