ated commissions to deal with the problem. One of the pioneers in
this development was Minnesota, whose Supreme Court justified the
practice in an opinion which, with the implied[49] and later the
explicit,[50] endorsement of the Supreme Court, practically settled the
law on this point: "If such a power is to be exercised at all, it can
only be satisfactorily done by a board or commission, constantly in
session, whose time is exclusively given to the subject, and who, after
investigation of the facts, can fix rates with reference to the peculiar
circumstances of each road, and each particular kind of business, and
who can change or modify these rates to suit the ever-varying conditions
of traffic."[51] Contemporaneously Congress created the Interstate
Commerce Commission to regulate the rates and practices of railroads
with respect to interstate commerce. Although the Supreme Court has
never had occasion to render a direct decision on the delegation of
rate-making power to the Commission, it has repeatedly affirmed rate
orders issued by that agency.[52] Likewise it has sustained the power of
the Secretary of War to order the removal or alteration of bridges which
unreasonably obstructed navigation over navigable waters;[53] the power
of the Federal Reserve Board to authorize national banks to act as
fiduciaries;[54] the authority of the Secretary of Labor to deport
aliens of certain enumerated classes, if after hearing he found such
aliens to be "undesirable residents";[55] the responsibility of the
Interstate Commerce Commission to approve railroad consolidations found
to be in the "public interest";[56] and the powers of the Federal Radio
Commission[57] and the Federal Communications Commission[58] to license
broadcasting stations as "public convenience, interest and necessity"
may require. The terms, however, in which a statute delegates authority
to an administrative agent are subject to judicial review; and in a
recent case the Court disallowed an order of the Secretary of
Agriculture proporting resting on Sec. 8 of the Agricultural Marketing
Agreement Act of 1937[59] as _ultra vires_.[60]

DELEGATION TO PRIVATE PERSONS

Although in a few early cases the Supreme Court enforced statutes which
gave legal effect to local customs of miners with respect to mining
claims on public lands,[61] and to standards adopted by railroads for
equipment on railroad cars,[62] it held, in Schechter Poultry Corp. _v._
United States