morton salt argued december decided february federal trade commission act commission ordered respondent corporations others cease desist certain trade practices appeals affirmed order modifications commanded compliance decree directed reports compliance filed commission within days reserved jurisdiction enter orders enforce compliance provided without prejudice right government prosecute suits recover civil penalties violations order initiate contempt proceedings violations decree reports compliance filed accepted act rule practice xxvi commission subsequently ordered respondents file special reports show continuing compliance decree held order invade jurisdiction appeals pp commission continuing duty prevent unfair methods competition unfair deceptive acts practices commerce suspended exhausted violator whose guilt established pp although commission cease desist order merged decree neither assumed denied commission agency duty inform protect commerce continued renewed unlawful practice investigative accusatory duties delegated statute administrative body like commission may take steps inform whether probable violation law without first making charges violations pp commission order special reports made name reliance upon judicial powers reliance upon powers order violate administrative procedure act respondents put notice possibility issuance orders commission rule xxvi together statement organization procedures functions meet requirements section pp commission authority act require special reports corporations includes special reports manner complying decrees enforcing cease desist orders pp use commission power novel unprecedented commission practice require different result since power granted governmental agencies forfeited nonuser pp language clearly broad enough authorize issuance order question pp use information obtained special reports limited support general economic surveys president congress attorney general may also used determining whether proper compliance decree pp special reports required order kind commission authorized require fact applies individuals partnerships corporations apply corporations require different result pp commission order contravene fourth amendment proscription unreasonable searches seizures due process clause fifth amendment pp agencies legitimate right satisfy corporate behavior consistent law public interest inquiry within authority agency demand indefinite information sought reasonably relevant exceed investigatory power commission face commission order transgress bounds pp courts hold order commission seeking information reports arbitrarily excessive may expect supplicant made reasonable efforts commission obtain reasonable conditions petitioners made efforts case pp decision understood holding orders exempt judicial examination extending license exact reports reasonably comprehended within term used congress context act together international salt also certiorari district dismissed suits federal trade commission act compel respondents comply order federal trade commission requiring file special reports recover penalties noncompliance supp appeals affirmed granted certiorari reversed philip elman argued cause brief solicitor general perlman assistant attorney general bergson curtis shears roger wollenberg kelley joseph wright mcbride argued cause filed brief respondent frederic sanborn argued cause filed brief respondent justice jackson delivered opinion controversy power federal trade commission require corporations file reports showing complied decree appeals enforcing commission cease desist order addition reports required decree proceedings federal trade commission act culminated commission order requiring respondents morton salt company international salt company together eighteen salt producers trade association cease desist stated practices connection pricing producing marketing salt appeals seventh circuit affirmed order modifications commanded compliance decree directed reports manner compliance filed commission within ninety days reserved jurisdiction enter orders herein time time may become necessary effectively enforce compliance every respect decree prevent evasion thereof decree expressly without prejudice right provided section federal trade commission act prosecute suits recover civil penalties violations said modified order cease desist hereby affirmed without prejudice right federal trade commission initiate contempt proceedings violations decree reports compliance subsequently filed accepted matter appears rested little upwards four years september commission ordered additional highly particularized reports show continuing compliance decree done without application authorized provision decree provided statute commission original cease desist order issued new order recited issued commission motion pursuant published rule practice xxvi authority granted subsections trade commission act ordered parties restrained earlier decree file within thirty days additional reports showing detail manner form complying said modified order cease desist said decree demanded producer complete statement prices terms conditions sale salt together books compilations freight rates used calculating delivered prices price lists price announcements distributed published employed marketing salt january salt producers association required information activities services association producers reported satisfactorily two respondents instead informed commission general terms complied decree manner previously reported doubted commission jurisdiction require reports declined supply particulars demanded neither asked hearing made objection scope order commission next gave respondents notices asserting default calling attention penalties provided act neither respondent asked hearing notice default suits commenced name district trade commission act asking mandatory injunctions commanding respondents report directed together judgment per day default continued respondents answered sides moved summary judgments found dispute material facts dismissed complaints want jurisdiction supp appeals divided vote affirmed granted certiorari case involved issues importance enforcement act decrees acts provide similar methods enforce orders administrative bodies government suits commission order challenged upon variety grounds considered appeals include contentions order constitutes interference decree invasion powers appeals commission rule xxvi ultra vires violates federal administrative procedure act stat et seq procedure unauthorized sections act based novel arbitrary violates fourth fifth amendments constitution reasons given reject contentions invasion appeals jurisdiction seems conceded however power duty independently decree must still resided commission certainly entry decree wholly relieve commission responsibility enforcement decree recognized left commission right hence responsibility initiate contempt proceedings violation decree must contemplated commission obtain accurate information time time base responsible conclusion cause proceeding decree also required original report showing manner form respondent compliance filed commission presumably commission expected scrutinize insufficient face reject move take notice default duty likewise left upon commission move respondent made false report duty appear temporary compliance truly reported conduct resumed violate decree addition trade commission continuing duty prevent unfair methods competition unfair deceptive acts practices commerce responsibility within coverage act suspended exhausted violator whose guilt established commission petitioned order additional reports compliance properly required present evidence probable violation overcome presumption legality innocence obedience law respondents urge courts hesitate alter supplement decrees except need proved well asserted evidence commission suspicion let us say curiosity whether respondents reported reformation business methods abiding one must decree single report compliance rest upon respondents honor unless evidence violation fortuitously comes commission may commission view residual duty enforcement affirmatively satisfy decree observed whether usurps courts function think answered consideration fundamental relationship courts administrative bodies trade commission act one several congress make policy effective relied upon initiative administrative officials flexibility administrative process agencies provided staffs institute proceedings follow decrees police obedience process times adversary also times inquisitorial agencies expected ascertain proceedings set motion take lead following effective results expected combination duty power always result earnest eager action feared may sometimes result harsh overzealous action protect mistaken arbitrary orders judicial review provided function dispassionate disinterested adjudication unmixed concern success either prosecution defense courts expected start wheels moving follow judgments courts neither need sleuths dig evidence staffs analyze reports personnel prepare prosecutions contempts indeed situations force judge pass contempt issues raises regretted whenever sense must become prosecutor occasions needlessly multiplied denying investigative prosecutive powers lawful agencies case advisedly left commission receive report compliance institute contempt proceedings harmony system process adjudication complete judgments handed litigant executive officers sheriff marshal execute steps litigant executive department lawfully takes enforcement vindication rather usurpation power case us true commission cease desist order merged decree neither assumed denied commission agency duty inform protect commerce continued renewed unlawful practice case illustrates difference judicial function function commission attempting perform respondents argue since commission made charge violation either decree statute engaged mere fishing expedition see turn evidence guilt assume argument courts often disapproved employment judicial process enterprise federal judicial power extends adjudication cases controversies natural investigative powers jealously confined ends judicial subpoena power subject specific constitutional limitations also apply administrative orders unreasonable search seizure due process law also subject limitations inherent body issues provisions judiciary article constitution must disguise fact sometimes especially early history federal administrative tribunal courts persuaded engraft judicial limitations upon administrative process courts go fishing followed neither anyone else administrative investigations fell colorful nostalgic slogan fishing expeditions must forgotten administrative process agencies relative newcomers field law taken continue take experience trial error fit process system judicature recent views tolerant underlay many older decisions compare jones securities exchange morgan power involved power get information best give interested judicial power reluctant unable summon evidence shown relevant issues litigation follow administrative agency charged seeing laws enforced may exercise powers original inquiry power inquisition one chooses call derived judicial function analogous grand jury depend case controversy power get evidence investigate merely suspicion law violated even wants assurance investigative accusatory duties delegated statute administrative body may take steps inform whether probable violation law course commission intrude upon usurp function adjudication decree always makes jurisdiction review remains exclusive judgment final commission done however modify follow decree asked report name reliance upon judicial powers reliance upon powers congress regard judicial function investigate compliance decrees least initially shown action antitrust decrees section act consideration specifically authorizes commission initiative without leave investigate compliance final decrees cases prosecuted attorney general involving commission party congress obviously deemed function commission rather courts probe compliance decrees even part obtaining surely fear involve collision judicial function congress omitted express authorization commission follow decrees cases express grant power seem necessary decrees commission interest whether commission invaded private right respondents consider later rubrics concern present heading whether commission order infringes prerogatives hold ii violation administrative procedure act thus act requires every agency applies includes federal trade commission publish federal register certain statements rules organization procedure including nature requirements formal informal procedures available adds person shall manner required resort organization procedure published addition proscribes requirement report investigative demand manner purpose except authorized law principally basis two sections respondents contend current order enforced except violation administrative procedure act respondents ordered comply procedure put notice publication federal register extent procedure defined published authorized law pertinent provisions administrative procedure act became effective september december federal trade commission published federal register rules practice fed reg commission rule xxvi republished without change fed reg sets time limit filing initial reports compliance commission orders asserts commission right require within sound discretion filing compliance reports thereafter statement organization procedures functions fed reg commission restated right require order supplemental reports compliance considers warranted defined contents report conclude commission published rule xxvi announced right claims case demand party enforcement decree entered file commission time time thereafter reports writing setting forth detail manner form complying said order taken together commission statement organization procedures functions supra indeed rule xxvi amply met requirements administrative procedure act respondents hardly challenge conclusion subtle argument requirement supplemental reports following enforcement commission order unauthorized statute ultra vires valid notice rule xxvi given required administrative procedure act also said direct violation act leads question statutory authority order report question must determine even apart consideration administrative procedure act accordingly turn federal trade commission act see whether contains statutory authority commission rule xxvi well order sought enforced issued pursuant procedures proclaimed rule find statutory authority must conclude objections administrative procedure act taken vain iii statutory authority require reports root position lies elaborate plausible argument respondents act set independent exclusive procedures dealing different matters therefore neither section supported aided respondents also say present use asserted power novel unprecedented commission practice introduces new method investigating compliance respondents without statements commission officials dicta judicial opinions views text writers facts legislative history give support theory never called upon deal consciously squarely subject fact powers long unexercised well may call close scrutiny whether exist granted lost allowed lie dormant nonexistent powers prescripted unchallenged exercise know unquestioned powers sometimes unexercised lack funds motives expediency competition immediately important concerns find basis holding power ever granted trade commission forfeited nonuser commission organic act comprehensively provides substantive procedural rules checking unfair methods competition procedure complete complaint service process final order review enforcement proceedings recover penalties sued entire subject unfair competition true came bill late legislative history dealt commercial evil quite different target prior antitrust laws noted however although complete otherwise section confers power investigate matter power without others vain must found sections act commission power investigate compliance order turned authorizes require certain reports expressly applicable case respondents say might better turned authorizes send investigators examine books copy documents issue subpoenas expressly applicable proceedings section commission relies adds among things exceptions material power investigate time time organization business conduct practices management corporation engaged commerce relation corporations individuals associations partnerships also authorizes commission require general special orders corporations engaged commerce file commission form commission may prescribe annual special annual special reports answers writing specific questions furnishing commission information may require organization business conduct practices management relation corporations partnerships individuals respective corporations filing reports answers writing one informed fact apart text appear grant ample power order reports question respondents class subject inquiry call appears special report matter reported seem business conduct practices commission authorized inquire respondents advance several arguments persuade us seemingly comprehensive power subject limitations evident text respondents derive legislative history contention congress divided duties powers commission two separate categories one merely old powers investigation publicity antitrust matters essentially mere continuance former powers old bureau corporations new power sealed argued reports set forth required support general economic surveys aid enforcement proceedings section find good deal warrant concluding framed antitrust laws mind expectation information procured chiefly useful reports president congress attorney general find nothing deny use purpose within duties commission including proceeding construction act allow information obtained part commission functions require commission pursue rest duties information exist unusual say least information commission authorized obtain think required use determining whether proper compliance decree case argued however agreed special report authorized statute embrace one asked method compliance decree find nothing legislative history justify limiting meaning special reports holding report asked one house committee report sess thought sustained respondents contention read context support commission speaking became section report said commission section may also require special reports may deem advisable means ordinary data furnished corporation annual reports adequately disclose organization financial condition business practices relation corporations obtained special report additional information commission may deem necessary annual report corporation recurrent relatively standardized affair special report used enable commission elicit information beyond ordinary date routine annual report report asked special report hard put define one fact applies individuals partnerships corporations apply corporations lead us conclude act must read integrated whole argument reporting penalty provisions latter extend corporations must invoked implement corporations proceeding contemplates action persons partnerships well force sound reason drastic powers compel disclosure corporations natural persons former may compelled disclose without objection latter may withhold reveal exacting price immunity prosecution corporations constitutional immunity disparity artificial natural persons significant differing treatment rarely urged objection particular construction statute moreover congress may considered volume proportion unincorporated business relatively small size individually owned enterprises even lesser capacity disposition resist made possible omit persons duties penalties imposed artificial combinations capital conclude authority commission require special reports corporations includes special reports manner complying decrees enforcing cease desist orders iv rights fourth fifth amendments unnecessary examine question whether corporation entitled protection fourth amendment cf oklahoma press publishing walling although right let alone comprehensive rights right valued civilized men brandeis dissenting olmstead confined literally searches seizures extends well orderly taking compulsion process boyd hale henkel neither incorporated unincorporated associations plead unqualified right conduct affairs secret hale henkel supra white may protection unlawful demands made name public investigation cf federal trade american tobacco corporations claim equality individuals enjoyment right privacy cf white supra endowed public attributes collective impact upon society derive privilege acting artificial entities federal government allows privilege engaging interstate commerce favors government often carry enhanced measure regulation cf graham brotherhood locomotive firemen steele louisville nashville tunstall brotherhood locomotive firemen enginemen wickard filburn even one regard request information case caused nothing official curiosity nevertheless agencies legitimate right satisfy corporate behavior consistent law public interest course governmental investigation corporate matters may sweeping nature unrelated matter properly inquiry exceed investigatory power federal trade american tobacco supra sufficient inquiry within authority agency demand indefinite information sought reasonably relevant gist protection requirement expressed terms disclosure sought shall unreasonable oklahoma press publishing walling nothing face commission order transgressed bounds consider whether reasons peculiar cases apparent face orders limits transgressed questions presented procedure followed respondents courts hold order seeking information reports arbitrarily excessive may expect supplicant made reasonable efforts commission obtain reasonable conditions neither respondent raised objection order sweep asked modification clarification interpretation challenged instead power issue position commission authority issue reasonable order unreasonable one defense action course limits name reports commission may demand limits attempt define abstract safe say stop commission considerably short extravagant example used one respondents fears sustain order commission may require reports automobile companies include filing automobiles case doubt read order respondents ask require shipment extensive files gifts expensive books necessary reading certainly parties decree seem able satisfy requirements respondents objected terms order presented least offered present evidence concerning records required cost books matters rest mere assertions briefs commission opportunity disclaim inadvertent excesses justify demands record think respondents obtained reasonable modifications necessary least made record convince us measure grievance rather ask us assume argued sustain use power unconfined arbitrary exercise subject judicial review control unless government brings suit penalties government said may delay action ruinous penalties accumulate defendant runs risk defenses sustained however prepared say courts powerless effort clarify modify order still considered arbitrary unlawful government pursues policy accumulating penalties avoiding judicial test refusing bring action recover since think record presents question undertake determine whether declaratory judgment act administrative procedure act general equitable powers courts afford remedy shown wrong consequences chance given test reasonable objections order cf oklahoma operating love enough say upholding order upon record understood holding orders exempt judicial examination extending license exact reports reasonably comprehended within term used congress context act judgment accordingly reversed footnotes see note infra example one respondents frankly time respondent attempted argue immune investigation federal trade commission simply virtue original case come within jurisdiction appeals respondent assumes manner commission chooses continue police compliance respondent appropriate investigatory procedures whether appropriate procedure petitioning appeals permission investigate respondent view possible contempt section proceedings assertion right investigation section even though investigation supplemental appeals decree assertion alleged inherent right investigation section matter law issue case represents issue respondent moment completely indifferent reports showing compliance orders stipulations every case order cease desist issued commission purpose preventing violations law every instance commission approves accepts stipulation party agrees cease desist unlawful methods acts practices involved respondents named orders parties stipulating shall file commission within sixty days service order within sixty days approval stipulation report writing setting forth detail manner form complied said order said stipulation provided however within said sixty day period respondent shall file petition review circuit appeals time filing report compliance begin run de novo final judicial determination within sound discretion commission may require respondent upon order served party entering stipulation file commission time time thereafter reports writing setting forth detail manner form complying said order said stipulation compliance enforcement reports compliance orders cease desist required accordance provisions rules practice commission may order require supplemental reports compliance considers warranted reports compliance must consist full statement showing manner form order complied mere statements respondent violating order acceptable factual showing required sufficient enable commission appraise manner form compliance order cease desist issued commission pursuant federal trade commission act become final provided section act commission reason believe respondent violated order shall certify facts concerning violation attorney general may institute suit one district courts recovery civil penalties provided act proceedings federal trade commission act circuit appeals decree commanded obedience commission order enforcement may accomplished way contempt proceedings circuit respect orders various provisions clayton act enforcement must accomplished way contempt proceedings