Eastland Co. v. Federal Communications Commission

STEPHENS, Associate Justice.

I dissent. As I understand the facts the witnesses were heard and the argument had before Commissioners Gary, Brown and Sykes, but the decision was rendered by Commissioners Sykes, Case and Prall.'

Two modes of procedure are available under the statute. Under Section 409 (a) [48 Stat. 1096, 47 U.S.C.A. § 409 (a) (Supp.1936)] it is required that “In all cases heard by an examiner the Commission shall hear oral arguments on the request of either party.” Under Section 309 (a) [48 Stat. 1085, 47 U.S.C.A. § 309 (a) (Supp.1936)], where no hearing before an examiner is…