Louis Brandeis

“ The government argues that, since violations of the reporting requirements by their very nature cannot be detected during the course of commission, the literal construction thus given to section 6 (b) renders it impractical and ineffective as a means of dealing with those persons who violate any of the provisions of the act or attempt to manipulate the market price of grain. Incidents in the history of the legislation are cited to support the government's contention. In reply, it is argued that ample remedy is afforded by other provisions of the act ”

“ Upon the opening of those proceedings, Cutten moved to quash the complaint on the ground that section 6 (b) empowered the commission to act only against persons who are presently committing offenses; and that consequently it had no authority to deny to him trading privileges for violations committed more than two years prior to the institution of the proceedings against him. The referee, without passing upon the motion to quash, proceeded to take the evidence; the hearings before him were concluded May 24, 1934; then the commission heard the complaint on briefs and oral argument ”

“ To supply omissions transcends the judicial function.' A fortiori, it may not be done for the purpose of making punishable action which, on the face of the statute, is merely to be prevented. Compare United States v. ”