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Reforming the Regulatory Process: Why James Landis Changed His Mind

Published online by Cambridge University Press:  11 June 2012

Donald A. Ritchie
Donald A. Ritchie
Affiliation:
Associate Historian, United States Senate
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Abstract

In our day, when the question of how and to what extent and by whom economic activity should be regulated is wide open as between legislative, executive, and judicial branches of government and a galaxy of highly developed private interest groups, the traditional Progressive idea of the just and all-wise commission as final arbiter seems dated. Mr. Ritchie shows that it was an idea to which James M. Landis clung enthusiastically, largely as a result of his experience on the Securities and Exchange Commission, until his later experience as Chairman of the Civil Aeronautics Board and finally as a lawyer representing one of the parties at interest before the Board. From the mounting evidence that a successful regulatory function grows, if at all, out of an appreciation of the economic realities of the particular activity being regulated, may yet come a national policy to which all may repair. Piling up such evidence is one of the most valuable public services the historian can render.

Type
Research Article
Information
Business History Review , Volume 54 , Issue 3 , Autumn 1980 , pp. 283 - 302
Copyright
Copyright © The President and Fellows of Harvard College 1980

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References

1 Subcommittee on Oversight and Investigation, Federal Regulation and Regulatory Reform (U.S. House of Representatives, Committee on Interstate and Foreign Commerce, 94th Congress, 2nd sess., October 1976), 1–2.

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13 During the interim, Landis's activities included service on the Emergency Mediation Board for the railroad strike of 1938, hearing examiner in the Harry Bridges deportation trial of 1939, director of the Office of Civilian Defense, 1942 to 1943, and economic affairs minister to the Middle East, 1943 to 1945.

14 Harry S. Truman memorandum to Robert E. Hannegan, February 7, 1946, Official File, Civil Aeronautics Board, Truman Library; a comprehensive survey of federal regulation during the Truman years can be found in Peterson, Gale E., “President Harry S. Truman and the Independent Regulatory Commissions, 1945–1952,” (Doctoral dissertation, University of Maryland, 1973).Google Scholar

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17 Landis, “The Job Ahead for the Civil Aeronautics Board,” October 14, 1946, Speech File, Civil Aeronautics Board, Washington, D.C.; from 1925 to 1926 Landis served as law clerk to Justice Brandeis, and became a great admirer of his theories.

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27 Harllee Branch memorandum to CAB members, December 9, 1946, Office of the Chairman, CAB, RG-197, National Archives.

28 Landis, “The Problems of Air Transportation with Particular Reference to New England,” speech before the Connecticut Chapter of the National Aeronautics Association, December 10, 1947, Speech file, CAB.

29 Landis to Edwin C. Jonhson, April 28, 1949, Landis Papers, Library of Congress; Landis Oral History, 687–689; Landis speech at the Harvard Club, December 18, 1946, Speech file, CAB; see also Schary, Philip B., “The Civil Aeronautics Board and the All-Cargo Airlines: The Early Years,” Business History Review, XLI (Autumn, 1967), 272–284.CrossRefGoogle Scholar

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33 His stand infuriated the president of Chicago & Southern, who later characterized Landis as “irresponsible, inconsistent and unsound.” Carleton Putnam to Harry S. Truman, January 12, 1948, Official File, CAB, Truman Library. CAB Minutes, Exhibit E-5975b, E-6018a, vol. 81, RG-197, National Archives.

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45 New York Times, February 7, 1950, May 24, 1950.

46 Ibid., July 9 and 13, 1950; Washington Post, November 2, 1951; Landis, “Meddling from the White House,” New York Herald-Tribune, March 20, 1950; Landis to Victor C. Netterville (not sent), August 4, 1953, Landis Papers.

47 New York Times, July 15, 1950; Time, July 24, 1950, 70–72.

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49 Landis to David E. Portle, October 2, 1951, Landis Papers, Library of Congress.

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51 New York Times, November 11, 1960, December 27, 1960; Landis, Report on Regulatory Agencies to the President-Elect (U.S. Senate, Committee on the Judiciary, 86th Cong., 2nd sess., 1960), 1–9, passim.

52 Landis, Report on Regulatory Agencies, 66, 84–87, passim.

53 Recording of “Today Show” interview with Landis, January 3, 1961, Ann Landis McLaughlin private collection, Chevy Chase, Maryland; see also McFarland, Carl, “Landis Report: The Voice of One Crying Out in the Wilderness,” Virginia Law Review, LXVII (April, 1961).Google Scholar

54 New York Post, December 4, 1960.