TRAFFIC MANAGEMENT Principles and Practices By Charles A. Taff.* 1959. $8.50. 631 pages. Homewood, Illinois, Richard D. Irwin, Inc., Reviewed by JAMES L. GIVAN + Dr. Taff is Professor of Transportation in the College of Business and Public Administration of the University of Maryland. His new book on traffic management is intended primarily as a college textbook. It would, however, represent a valuable addition to the library of any student of traffic and transportation. It comprehensively surveys all aspects of industrial traffic management and is organized and presented in an easily readable style—a characteristic which is so frequently lacking in books dealing with technical subjects. In addition to covering thoroughly the basic subject matter to be found in any book dealing with the subject of industrial traffic management, Professor Taff's book also deals informatively with many of the newer developments in transportation, such as air freight, piggyback, and the operation of privately owned trucking equipment, and the use of electronic data computers as a new tool in the modern traffic department. In view of the recent, widespread interest in piggyback and fishyback service, as illustrated by the number of shippers who appeared in recent hearings before the Commission dealing with this subject, it would appear that this is an area in which the traffic manager of tomorrow should be fully informed. Professor Taff's book might well have devoted even more discussion to this subject. However, in fairness, modern piggyback operations are still in their developmental stage, and it is to be anticipated that experience now being acquired in this field undoubtedly will form the basis for a fuller discussion of this subject in any subsequent editions. Although Professor Taff fully and properly explains the procedures heretofore applicable in recovering damages from motor carriers based upon overcharges pursuant to the doctrine of the Bell Potato Chip case, unfortunately those procedures have been invalidated by the recent decisions of the Supreme Court in T. I. M. E., Inc. v. United States, which was handed down by the Court after the book had gone to press. This, too, will necessitate revision in any subsequent edition of the book. The discussion of private carrier operations, which represent a rapidly growing segment of our transportation system, is very excellent. Not only does it point out the circumstances under which conversion to private carriage may be advantageous to industry, but it also deals with the selection and maintenance of equipment, the selection, training and Charles A. Taff: B.S. in Commerce, 1937, M.A., 1941, State University of Iowa. Ph.D. 1952, University of Maryland. James L. Givan: LL.B., Columbus University, 1942. Attorney, Washington, D. C. supervision of drivers, the scheduling of equipment, and safety programs. These represent practical problems which must be understood and dealt with by the traffic manager who undertakes to go into private carriage. One new development described by Professor Taff which holds great promise for the future, is the use of electronic data computers in the traffic department. While such equipment is costly, and could probably be used advantageously by only a few of the larger industries at the present time, there is reason to hope that as newer and less expensive electronic equipment becomes available, and as the techniques of its use are perfected, the traffic manager of tomorrow will find electronic equipment an increasingly useful aid to the efficient and accurate performance of the duties of his department. The subject of traffic management is not new, nor are books dealing with the subject. However, Professor Taff's book illustrates most convincingly the many and varied duties of the traffic manager in the modern world of transportation, and serves to emphasize the fact that there is a proper place at the top executive level of any industry for the trained and competent traffic manager. LIFE'S RECORDS CLOSED BY LEONARD HILL Chairman, Memorials Committee Gilbert H. Alfriend, 4114 W. Franklin St., Richmond 21, Virginia. (613-59) E. P. Ryan, Traffic Manager, Nebraska Live Stock Auction Association, P. O. Box 334, Grand Island, Nebraska. Edgar Watkins, Munsey Building, Washington 4, D. C. (7-19-59) L. G. Wilson, 5308 Calhoun Drive, Van Nuys, California. (1-5-59) Mail Ballot of Association of I. C. C. Practitioners Favors Code of Ethics for Each Regulatory Agency * On July 31, 1959, a letter was sent to the entire membership of the Association of I. C. C. Practitioners transmitting a proposed resolution favoring enactment of legislation directing each regulatory agency to adopt and enforce a code of ethics applicable to its proceedings. postal card was enclosed for reply. Texts of the letter and proposed resolution are printed below: Dear Member: July 31, 1959 A As you know, there are pending before both the House and Senate a number of bills which would prescribe a statutory code of ethics applicable to practice before and dealings with the several federal regulatory commissions including the Interstate Commerce Commission. It is expected that hearings will begin on these bills very shortly, and the Executive Committee believes it incumbent upon our Association to state a position on this important subject. Accordingly, the Executive Committee has drafted a proposed resolution to express the views of the Association, and it is submitted herewith for your approval or disapproval. By way of additional explanation, it might be said the subject of ethics was a foremost consideration of the Association when first organized some 31 years ago, and it is no less important to the membership now-especially so since the code of ethics of the Practitioners' Association is the ethics of the Interstate Commerce Commission for its practitioners. It is the belief of our Executive Committee that each regulatory agency should be allowed to adopt a code of ethics particularly applicable to it. The Executive Committee fully appreciates the Commission's functions are largely legislative, and that its effectiveness could be seriously impaired if it were shackled with respect to its dealings with those who practice before it and the industries it regulates. This resolution recognizes the desirability of all federal regulatory agencies enforcing a code of ethics, and it places the Association in the position of supporting legislation to that end, so long as the regulatory agencies are not to be crippled by inflexible statutes. If you should disagree with the proposed resolution, the officers and Executive Committee would appreciate your writing in detail what position you think the Association should take. As hearings on some of these bills appear imminent, your prompt returns of the ballot will be appreciated. Please check the enclosed post card as indicated and drop it in the mail. Enclosures - 2 Very truly yours, *See News of Interest to Practitioners, this issue of the Journal: "Senate Judiciary Subcommittee_Begins Hearings on Broad Legislative Program on Administrative Procedure and Practice, Sponsored by the American Bar Association,"-S. 2374, Standards of Conduct for Agency Hearings of Record; S. 600, The Federal Administrative Practice Act; and S. 1070, Recodification of Administrative Procedure Act. -1192 ASSOCIATION OF I. C. C. Practitioners PROPOSED RESOLUTION Whereas, There has been proposed in the 86th Congress of the United States certain legislation which would prescribe a statutory code of ethics applicable to practice before the various federal regulatory agencies, including the Interstate Commerce Commission, and provide for penalties for violations thereof; and Whereas, This Association adopted a code of ethics on October 30, 1930 and thereafter the Interstate Commerce Commission on September 15, 1942 adopted this code as its own and incorporated it in the General Rules of Practice; and Whereas, Experience under said code of ethics has demonstrated that it has provided an adequate and satisfactory means of governing conduct of those appearing before the Commission; and Whereas, It is the sense of the membership of this Association that the problem of ethics can best be handled by adoption by each federal regulatory agency of a specific code of ethics adapted to its particular procedures and practice. Now, Therefore, Be It Resolved by the Association of Interstate Commerce Commission Practitioners that the Association favors enactment of legislation directing each regulatory agency to adopt and enforce a code of ethics applicable to its proceedings. July 31, 1959 As of August 21, 1959, 2,313 members voted in favor of the proposed resolution of the Association of I. C. C. Practitioners-an affirmative vote of 97.8 percent of those voting; 02.2 percent against. All Practitioners, Please Note The Secretary of the Interstate Commerce Commission has requested that practitioners advise him by letter of any change of address. Besides showing the new address, the letter also should list the docket numbers of all proceedings in which the practitioner is a party of record or is interested. This information will help the Commission in its effort to make prompt delivery of releases to interested parties. Congressional Activities Senate Judiciary Subcommittee Begins Hearings on Broad Legislative Program on Administrative Procedure and Practice Sponsored by the American Bar Association S.600-THE ADMINISTRATIVE PRACTICE ACT * S.1070-RECODIFICATION OF ADMINISTRATIVE PROCEDURE ACT ** S.2374 STANDARDS OF CONDUCT FOR AGENCY HEARINGS OF RECORD *** The Subcommittee on Administrative Practice and Procedure of the Senate Committee on the Judiciary held initial hearings on July 21 through July 23, 1959, on Title I of S. 600 and on S. 2374, both drafted by the American Bar Association. Senator John A. Carroll, Democrat of Colorado, is chairman of the subcommittee; other members of the subcommittee are Philip A. Hart, Democrat, Michigan; and Everett McKinley Dirksen, Republican of Illinois. Mr. Carroll is the junior senator from Colorado. He was elected to the United States Senate, November 6, 1956, for the term commencing January 3, 1957, and ending January 3, 1963. Previously he served two terms in the House of Representatives. He was first elected in 1946 to the 80th Congress and reelected in 1948 to the 81st Congress. From 1951 to 1952, he was a special assistant to President Truman. In announcing the hearings, Senator Carroll said: "The task assigned us is gigantic covering the whole range of administrative government and the Administrative Procedure Act where applicable. We expect long and exhaustive hearings." In opening the hearings on July 21, Senator Carroll remarked that as a result of undue influence and improper and illegal ex parte communications between private individuals and government agencies, what we have come to know as the system of administrative law has been brought into serious disrepute. In addition to these reprehensible and unethical practices, other serious criticisms have been charged against some government agencies with regard to inaction, endless delay, favoritism, or arbitrary action. What is our job? For the first time in thirteen years the Senate has decided to take a good, hard look to determine how the administrative agencies are operating under the Administrative Procedure Act, which was passed in 1946, and further to determine how these agencies are exercising the power delegated to them by the Congress. Numerous proposals have been made to amend this Act and to change other procedural law with respect to administrative agencies and the power delegated to them by the Congress. If this Subcommittee can be helpful in eliminating these abuses, we shall have fulfilled our purpose. No doubt, with this in mind, leaders of the American Bar, and some of the Committees of the American Bar Association, last year drafted legislation * H. R. 7092 in the House. See I. C. C. Practitioners' Journal Vol. XXVI: No. 6, March, 1959, pages 697, 698; Vol. XXVI: No. 9, June, 1959, page 1013. ** See I. C. C. Practitioners' Journal, Vol. XXVI: No. 7, April 1959, pages 786, 787. *** Introduced by Senator Carroll on July 13, 1959. Similar Bill, H. R. 6774, introduced by Congressman Harris on April 29, 1959. |