Robert H. Jackson

“ Of course, the courts should not arrogate to themselves the functions of administrative agencies. It is trite but truthful to say that administrative agencies render valuable and very necessary services in the solution of the complex governmental and economic problems of our time. In the making of investigations, the determination of policy, the collection of evidence, and its current evaluation, preparatory or incidental to administrative action, experience and special training are valuable aids. ”

“ The court's duty is to assist the agency in the performance of its functions and the discharge of its responsibilities, in the absence of a clear and convincing showing that it is proceeding without legal warrant. ”

“ Its purpose is to use the leverage of the Government's immense purchasing power to raise labor standards.
Congress submitted the administration of the Act to the judgment of the Secretary of Labor, not to the judgment of the courts. [10] One of her principal functions is the conclusive determination of questions of fact for the guidance of procurement officers in withholding awards of government contracts to those she finds to be violators for three years from the date of the breach. ”

“ It is not an Act of general applicability to industry. It applies only to contractors who voluntarily enter into competition to obtain government business on terms of which they are fairly forewarned by inclusion in the contract. ”

“ And, it was not until 1939, after all the contracts were completed, that the Secretary issued rulings specifically dealing with 'integrated establishments'. [21] The mere fact that petitioner voluntarily contracted with reference to some plants does not necessarily mean that the Secretary is free to investigate petitioner's entire business without let or hindrance. That depends upon whether or not the Act extends to those other plants. Petitioner was entitled to have this question determined by the district court before the subpoena was enforced over its objection. ”

“ The administrative agency as now organized is a vehicle for bringing the judgments of numerous specially qualified officials to bear upon a single problem. * * * We must look beyond the heads to find the talents which make the agency expert in its assigned tasks This is a central reality.'↑ The Walsh-Healey Act provides in § 5 that the Secretary's findings of fact shall be conclusive in any court of the United States 'if supported by the preponderance of the evidence'.↑ Rulings and Interpretations under the Walsh-Healey Public Contracts Act, No. ”

“ Because of the varied and important responsibilities of a quasi-judicial nature that have been entrusted to administrative agencies in the regulation of our political and economic life, their activities should not be subjected to unwarranted and illadvised intrusions by the judicial branch of the government. ”

“ To obtain the compliance to the subpoena which petitioner refused, the Secretary had resort to the District Court as provided by § 5, alleging the foregoing facts and that 'following an investigation by representatives of the Department of Labor, and it having appeared to the plaintiff upon the basis of such investigation that defendant' had violated there stipulations of the contracts, she commenced such proceeding ”