tucker truck lines argued october decided november motor carrier applied interstate commerce commission certificate convenience necessity interstate commerce act appellee intervened opposition hearings conducted examiner appointed pursuant administrative procedure act appellee object stage administrative proceedings although ample opportunity commission granted certificate appellee petitioned district set aside commission action first time challenged validity ground examiner appointed pursuant administrative procedure act offered excuse failure raise question sooner made claim actual prejudice conduct examiner manner appointment held district entertain objection first made stage proceedings pp defect examiner appointment irregularity invalidate resulting order commission overruled appropriate objection made hearings one deprives commission power jurisdiction even absence timely objection order set aside nullity riss wong yang sung mcgrath distinguished pp district set aside order issued interstate commerce commission interstate commerce act sole ground hearings application therefor conducted examiner appointed pursuant administrative procedure act supp appeal reversed remanded edward reidy argued cause interstate commerce commission brief acting solicitor general stern acting assistant attorney general clapp robert ginnane charles weston philip perlman solicitor general daniel knowlton chief counsel interstate commerce commission statement jurisdiction la tourette argued cause appellee brief rebman justice jackson delivered opinion one cunningham applied interstate commerce commission certificate public convenience necessity authorize extension existing motor carrier route railroad eleven motor carriers including appellee intervened oppose issues referred examiner hearing recommended exceptions material certificate granted appellee excepted whereupon division commission substance approved recommendation appellee requested reconsideration full commission denied petitioned extraordinary relief also refused commission thereupon issued certificate cunningham appellee upon ground evidence show need additional transportation service petitioned district set aside certificate order commission answered convened day appointed hearing appellee moved leave amend petition raise first time contention commission action invalid want jurisdiction examiner appointed pursuant administrative procedure act district allowed amendment upon proof appointment accordance act invalidated order certificate without going merits issue tendered original complaint appeal interstate commerce commission raises single question whether objection first made stage proceedings erroneously entertained hold appellee offer require excuse failure raise objection upon least one many opportunities administrative proceeding appellee claim misled way hampered ascertaining facts examiner appointment bestir learn facts long administrative proceeding closed months case issue district time commission promptly supplied facts upon contention based sustained apparent reason complacency actually prejudiced conduct manner appointment examiner suggestion exhibited bias favoritism unfairness ground assuming relationships proceeding act expected act prosecutor judge commission appointed institute become party interest proceeding neither examiner function except decide justly contestants adversary proceeding issue clearly afterthought brought forward last possible moment undo administrative proceedings without consideration merits prevail technical compulsion irrespective considerations practical justice riss held officers hearing applications certificates convenience necessity interstate commerce act subject provisions administrative procedure act timeliness objection us case examiner appointment twice challenged administrative proceedings examiner hearings commission petition rehearing decision established litigant case make demand time hearing entitled examiner chosen act prescribes recognized decisions congress recognized statutes orderly procedure good administration require objections proceedings administrative agency made opportunity correction order raise issues reviewable courts urged case commission predetermined policy subject required overrule objection made may well true commission obliged deal large number like cases repetition objection might lead change policy commission least put notice accumulating risk wholesale reversals incurred persistence simple fairness engaged tasks administration litigants requires general rule courts topple administrative decisions unless administrative body erred erred objection made time appropriate practice argued however case falls outside general rule result technically compelled appointment hearing examiner irregular commission manner lost jurisdiction order totally void inference drawn decision wong yang sung mcgrath contended sustained collateral attack writ habeas corpus case unless found defect examiner appointment one jurisdictional magnitude need inquire result upon case government denied considered whether objection sustained taken time effect omission raised briefs argument discussed opinion therefore case binding precedent point even judicial power jurisdiction followed lead chief justice marshall held bound prior exercise jurisdiction case questioned passed sub silentio question foreclosed precedent hold defect examiner appointment irregularity invalidate resulting order commission overruled appropriate objection made hearings one deprives commission power jurisdiction even absence timely objection order set aside nullity judgment reversed cause remanded district determination merits reversed footnotes supp decision riss case announced administrative proceeding herein district hearing riss apparently prompted appellee raise point examiner qualifications district spiller atchison ex rel vajtauer commissioner northern pacific unemployment compensation commission alaska aragon section securities act securities exchange act public utility holding company act fair labor standards act national labor relations act government informs us five thousand cases commenced effective date administrative procedure act orders indefinite period vulnerable attack timely objection administrative process required policy commission grant application rehearing cases applicant made objection examiner since established practice consider issues raised examiner refuse rehearing cases webster fall cranch snow cross burke louisville trust knott arant lane justice frankfurter dissenting dispensing complacently called oriental justice according merits individual case alone one told determine result join brethren reversing judgment see reason disagree view case interstate commerce commission requirements administrative procedure act prejudice appellee deny rights personal party may waived either explicitly failure assert find explicit waiver clear appellee charged knowledge official status examiner basis whose report commission took action adverse event requirement administrative procedure act proceedings lead administrative adjudication must conducted independent hearing examiner something personal party requirement designed assure confidence administrative process defining limiting various organs process allowed function use term jurisdiction verbal coat many colors dealing legislation sought remedy believed evils way administrative agencies exercised authority prior enactment administrative procedure act june act accordingly prohibited commingling conflicting functions exercised agencies say therefore created unwaivable limitations upon power agencies much definitions judiciary acts different categories cases different courts empowered hear decide limitations upon power interstate commerce commission act imposed command must accordance requirements administrative procedure act thus within dispensing power litigant bind confine commission otherwise read decided wong yang sung mcgrath riss rest conclusion assumption jurisdiction sub silentio wong yang sung case resting significance attached requirement independent hearing examiners inherent process administrative adjudication decided wong yang sung mcgrath supra congress promptly asked relieve deportation process requirement see chapter iii supplemental appropriation act act september stat made ruling interstate commerce commission congress promptly asked validate proceedings previously conducted commission disregard requirements independent hearing examiners congress chosen enact remedial legislation construe want action controlling upon issue us refer subsequent legislative history merely indication path undesirable consequences flowing decision riss supra may corrected without injustice situations like arise time time decisions observance law suggest corrective legislation see heinszen remedial bill successful house failed senate bill see sess justice douglas dissenting decision gives capricious twist law one assume reading opinion wong yang sung mcgrath failure federal agency use type examiner prescribed congress administrative procedure act stat et vitiated proceedings whether objection raised congress decided separate judicial functions examiners investigative prosecuting functions required separation cases involving property interests well involving personal liberty condemned unfair practice grown allowing one man police officer prosecutor judge violation requirement led wong yang sung case issue writ habeas corpus save alien deportation hearing examiner meet requirements administrative procedure act collateral attack administrative proceeding successfully made even though objection examiner raised hearing objection raised present case likewise made hearing made review order completed seem therefore reversal administrative order follow fortiori wong yang sung case one knows commingling police prosecutor judicial functions one person may affect particular decision situations might make difference others might subtly corrupt administrative process important consideration us congress condemned practice supervisors federal system see law enforced selectively cases coming us course agency flouts mandate fair examiners lose jurisdiction case even habeas corpus longer restricted testing jurisdiction historic sense see johnson zerbst bowen johnston action commission present case created error permeates entire proceeding error goes vitals case therefore set aside order send case back hearing meets statutory standards fairness make rule wong yang sung case good day occasion alien case like respondent represented counsel administrative proceedings