Opinion

Alcoa Steamship Company, Inc. v. Federal Maritime Commission and United States of America, (Two Cases)

  • 348 F.2d 756
Court
Court of Appeals for the D.C. Circuit
Filed
Jun 15, 1965
Status
Published
Author
Wright
On the bench
Wright, Bazelon, Washington, Weight
Cited by
18 cases
Authority
More cited than 24.7%

stating that, “[w]here Congress has consistently made express its delegation of a particular power, its silence is strong evidence that it did not intend to grant the power”

How later courts described this case

  • stating that, “[w]here Congress has consistently made express its delegation of a particular power, its silence is strong evidence that it did not intend to grant the power”

Written by the judges who cited it.

The opinion

*762 J. SKELLY WRIGHT, Circuit Judge

(dissenting).

It appears to me that the court’s opinion runs counter to the developing jurisprudence 1 under Section 21 of the Shipping Act of 1916. 39 Stat. 736 , 46 U.S.C. § 820 . To suggest authoritatively, as the court does, that the Commission may not have access to the books and records of the carrier to verify the carrier’s financial report filed with the Commission is to interfere with the regulatory power conferred on the Commission by Congress. One wonders what use the Commission can make of a financial report it is not allowed to verify. It would appear, to me at least, that if Section 21 provides legal authorization for requiring the report, it should likewise be legal authorization for verifying it. I would not attribute to Congress, as the court apparently does, a purpose to require the Commission to accept the report on faith alone.

I respectfully dissent.

. See Isbrandtsen-Moller Co. v. United States, 300 U.S. 139 , 57 S.Ct. 407 , 81 L.Ed. 562 (1937); Far East Conference v. Federal Maritime Commission, 119 U.S. App.D.C. 110, 337 F.2d 146 (1964), cert. denied, 379 U.S. 991 , 85 S.Ct. 704 , 705, 13 L.Ed.2d 611 (1965); Pacific Westbound Conference v. United States, 9 Cir., 332 F.2d 49 (1964); Montship Lines, Limited v. Federal Maritime Board, 111 U.S.App.D.C. 160 , 295 F.2d 147 (1961); Hellenic Lines, Limited v. Federal Maritime Board, 111 U.S.App.D.C. 151 , 295 F.2d 138 (1961); and Kerr Steamship Company v. United States, 2 Cir., 284 F.2d 61 (1960), appeal dismissed as moot, 369 U.S. 422 , 82 S.Ct. 874 , 7 L.Ed.2d 847 (1962).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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