Felix Frankfurter

“ An historic procedure for preserving rights during the pendency of an appeal is no less appropriate-unless Congress has chosen to withdraw it-because the rights to be vindicated are those of the public and not of the private litigants. ”

“ The existence of power in a reviewing court to stay the enforcement of an administrative order does not mean, of course, that its exercise should be without regard to the division of function which the legislature has made between the administrative body and the court of review. 'A stay is not a matter of right, even if irreparable injury might otherwise result to the appellant. ”

“ Indirect light is sometimes cast upon legislation by provisions dealing with the same problem in related enactments. No such light is shed here. The numerous law in which Congress has established administrative agencies for the exercise of its regulatory powers do not disclose any general legislative policy regarding the power to stay administrative orders pending review. Some statutes are wholly silent; [7] some turn a court review into an automatic stay; [8] some provide that the commencement of a suit shall not operate as a stay unless the court specifically so provides ”

“ The nature of the run of the orders excepted from the stay provisions of § 402 (a) demands respect for the words of the Act. The instant case is a good illustration. Federal Communications Commission v. Sanders Bros. Radio Station, 309 U.S. 470, 642, 60 S.Ct. 693, 84 L.Ed. 869, 1037, holds that a competitor such as appellant has no private property interest which may be protected on appeal. 'The policy of the Act is clear that no person is to have anything in the nature of a property right as a result of the granting of a license.' Id., 309 U.S. page 475, 60 S.Ct. ”

“ No court can make time stand still. ”

“ The reason for this differentiation appears in the following statement of Senator Dill, who steered the bill in the Senate:↑ Section 262 of the Judicial Code, 28 U.S.C. § 377, 28 U.S.C.A. § 377, empowers the federal courts 'to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.' This provision appeared in the very first Judiciary Act, 1 Stat. ”

“ It is an exercise of judicial discretion. The propriety of its issue is dependent upon the circumstances of the particular case.' Virginian Ry. v. United States, 272 U.S. 658, 672, 673, 47 S.Ct. 222, 227, 228, 71 L.Ed. 463; see Merchants' Warehouse Co. v. ”