oklahoma press pub walling argued decided february hanson washington petitioners irving levy washington respondent justice rutledge delivered opinion cases bring decision important questions concerning administrator right judicial enforcement subpoenas duces tecum issued course investigations conducted pursuant fair labor standards act stat claim founded directly upon incorporates enforcement provisions federal trade commission act stat subpoenas sought production specified records determine whether petitioners violating fair labor standards act including records relating coverage petitioners newspaper publishing corporations maintain act applicable constitutional reasons insist question coverage must adjudicated subpoenas may enforced involving oklahoma press publishing company circuit appeals tenth circuit rejected view holding administrator entitled enforcement upon showing cause found made accordingly affirmed district order directing administrator given access records documents specified circuit appeals third circuit likewise rejected company position one judge dissenting ground probable cause shown accordingly reversed district order dismissal proceeding show cause effect denied enforcement want showing coverage application walling appeals thought requiring administrator make proof coverage turn proceeding suit decide question must determined administrator course investigation relied upon endicott johnson perkins persuasive done regarding subpoena containing unreasonable demand conceived return affidavits filed company together administrator allegations showing sufficient require enforcement hence directed district discretion exercised effect importance issues administration act also account differences grounds two decisions well decisions certiorari granted cases issues taken wide range substantially two causes except one respect noted addition argument congress intent reliance falls upon various constitutional provisions including first fourth fifth amendments well limited reach commerce clause show administrator conduct relief seeks forbidden coloring almost petitioners position understand primary misconception first amendment knocks possible application fair labor standards act business publishing distributing newspapers argument two prongs broadside assertion petitioners covered act reason act newspaper publishing business violate rights guaranteed first amendment without merit associated press national labor relations board associated press mabee white plains pub congress remove obstructions commerce requiring publishers bargain collectively employees refrain interfering rights matters closely related eliminating low wages long hours congress likewise may strike directly evils adversely affect commerce darby amendment forbid regulation ends restraint upon expression evil outlawed terms purposes petitioners narrower argument allegedly invalid arises statutory exemptions may shortly dismissed intimation act falls reason exclusion seamen farm workers others hardly suggestion dismissed accordingly cf buck bell contention drawn exemption employees small newspa ers deserves slightly attention seems amendment forbids congress press classifying event use volume circulation size factor classification reliance upon grosjean american press support claims misplaced state statute singled newspapers special taxation held effect graduate tax accordance volume circulation singling press treatment different accorded business general rather act purpose place publishers newspapers upon plane businesses exemption small newspapers object nothing grosjean case forbids congress exempt publishers size either tax regulation valid applied said also disposes contention drawn scope commerce power applicability publishing business considered independently amendment influence associated press national labor relations board supra associated press supra ii questions pertain whether enforcement subpoenas directed circuit courts appeals violate petitioners rights secured fourth amendment related issues concerning congress intent claimed enforcement permit administrator conduct general fishing expeditions petitioners books records papers order secure evidence violated act without prior charge complaint simply secure information upon base one allegedly violation amendment search seizure provisions supporting argument congress intend use made delegated power rests part upon asserted constitutional implications primarily upon reports legislative committees particularly house representatives made passing upon appropriations years subsequent act effective date short answer fourth amendment objections records cases present question actual search seizure raise question whether orders production specified records validly made sufficient showing appears justify setting aside officer person sought enter petitioners premises search seize examine books records papers without assent otherwise pursuant orders authorized law made adequate opportunity present objections fact made objection taken breadth subpoenas specific defect invalidate petitioners seek prevent unlawful search seizure rather total immunity act provisions applicable others similarly situated requiring submit pertinent records administrator inspection every judicial safeguard order made pursuant exact compliance authority granted congress broad claim immunity doubt induced petitioners first amendment contentions beyond rested also upon conceptions fourth amendment equally lacking merit petitioners plea fourth amendment places far law beyond reach congressional judicial power powers exerted raises ghost controversy long since settled adversely claim advanced claim founded fifth amendment somewhat related guaranty whether sufficient reason among others privilege gives protection corporations officers production corporate records pursuant lawful judicial order cases involve cited authorities sufficient dispose fourth amendment argument recent decisions confirm ruling petitioners however insistent contrary views upon constitutional phases asserted bearing upon intention congress think views reflect confusion justified actual state decisions confusion acquired currency divided state opinion among circuits shows since matter importance order remove possible basis like misunderstanding future give detailed consideration views advanced authorities otherwise necessary two difficulties petitioners theory concerning intent congress one argument legislative history flies face powers expressly granted administrator courts flatly accept petitioners view largely nullify furthermore excerpted history later appropriation matters give full story considered claimed interpretation made regardless retrospective aspect moreover statute language leaves room doubt congress intended authorize administrator sought courts section pressly authorizes administrator inspect places records make transcriptions thereof question employees investigate facts conditions practices matters may deem appropriate determine whether person violated provision act may aid enforcement provisions act subpoena power conferred adoption federal trade commission act given aid investigation case disobedience district courts called upon enforce subpoena contempt without express condition requiring showing coverage view provisions administrator action exact compliance case presents instance explicit leaves room questioning congress intent purpose subpoena order authorized investigation discover procure evidence prove pending charge complaint upon make one administrator judgment facts thus discovered justify accordingly construed authorizing enforcement orders must petitioners say construction make dubious constitutionally compel resort interpretation saves rather one destroys likely adopted course least type case course followed judgments must reversed effect cutting squarely power congress deny validity orders effect deny congress power enact provisions sustaining also authority delegate effective power investigate violations laws perhaps also power make investigations iii primary source misconception concerning fourth amendment function lies perhaps identification cases involving search cases actual search seizure analogical sense question related search seizure thought arise situations like present ones involve validity authorized judicial orders confusion due part fact kind situation decisions moved variant direction although without actual conflict facts case taken account notwithstanding emphasis tone times highly contrasting consequent overtones doubt confusion validity statute application subject matter perhaps often generative heat rather light border along cases lie one government intrudes upon different areas privacy history intrusions brought forth stoutest tive instances resistance excess governmental authority matter requiring production books records secure evidence kind situation extreme expressions either emphasis indicate obvious exceptions always real problem balancing public interest private security cases protection opposing interests stated clearly anywhere perhaps summations quoted two former members fully alive dual necessity safeguarding adequately public private interest emphasis always aptly placed confusion obscuring basic distinction actual called search accentuated records papers sought corporate character cases historically private corporations subject broad visitorial power england country long established congress may exercise wide investigative power analogous visitorial power incorporating activities take place within affect interstate respondingly settled corporations entitled constitutional protections private individuals related matters noted within privilege although said privilege runs closely fourth amendment search seizure provisions also settled officer company refuse produce records possession upon plea either incriminate may incriminate although fourth amendment held applicable notwithstanding exclusion privilege leading case wilson distinguishing earlier quite different one boyd held process invalid fourth amendment although broadly required production copies letters telegrams purport ed signed president said company month may june regard alleged violation statutes wilson pages page wilson case set pattern later decisions followed without qualification ruling contrary suggestions implications may explained dicta virtue presence actual illegal search seizure effects government sought later overcome applying liberal trine devolved relation search scope subpoena calling documents broadly indefinitely thought approach respect character general warrant writ assistance odious english american history case cited found upon similar facts wilson doctrine followed congress adjudged exceeded authority single exception boyd supra differed wilson case present ones providing drastically incriminating method applied production partners business records whatever limits may congressional power provide production corporate business records therefore found view course prior decisions absolute universal immunity petitioners seek without attempt summarize accurately distinguish cases fair distillation far apply merely production corporate records papers response subpoena order authorized law safeguarded judicial sanction seems fifth amendment affords protection virtue incrimination provision whether corporation officers fourth applicable guards abuse way much indefiniteness breadth things required described also inquiry one demanding agency authorized law make materials specified relevant gist protection requirement expressed terms disclosure sought shall unreasonable taken decisions following specific results worked necessary case warrant specific charge complaint violation law pending order made pursuant one enough investigation lawfully authorized purpose within power congress command ruled often perhaps relation grand jury also frequently respect general statistical investigations authorized congress requirement cause supported oath affirmation literally applicable case warrant satisfied order production determination investigation authorized congress purpose congress order documents sought relevant inquiry beyond requirement reasonableness including particularity place searched persons things seized also literally applicable warrants comes specification documents produced adequate excessive purposes relevant inquiry necessarily said reduced formula relevancy adequacy excess breadth subpoena matters variable relation nature purposes scope inquiry principles applied facts present cases impossible conceive violation petitioners rights involved corporations records documents sought corporate ones possible element therefore presented fact claimed records sought relevant authorized purpose determine two issues whether petitioners subject act whether violating subjects investigation authorized latter expressly former necessary implication doubted congress authorize investigation matters specifications meet requirements long established many precedents recent confirmation rulings may found endicott johnson perkins supra myers bethlehem true cases involved different statutes substantially procedurally notwithstanding possible influence doctrine governmental immunity suit endicott johnson case anomalous hold act stat district authorized decide question coverage basis adverse decision deny enforcement secretary subpoena seeking relevant evidence question congress committed initial determination time rule congress confer power upon administrator reference violations fair labor standards act question issue either case nature legal obligation violation evidence sought show rather whether evidence relevant violation whatever obligation character drawn forth exercise subpoena power myers case involve subpoena duces tecum suit enjoin national labor relations board holding hearing upon complaint employer alleged engaged unfair labor practices forbidden wagner act stat et seq hearing required investigation determination coverage involving case question whether company engaged commerce denied upon allegations thought sustain denial well futility expensiveness vexatious character hearing held district without jurisdiction enjoin hearing regarding appropriate procedure board adequate provisions judicial review action including determination coverage sustained exclusive jurisdiction board appeals upon review determine question others committed judgment statutory proceeding determining whether violations ct exist opinion referred board subpoena power also authority apply district enforcement stated application appropriate defense may made decision necessary effect rule appropriate defense coverage determined prior hearing seem necessarily follow prior board preliminary investigation violation true case board seem equally true administrator results later well earlier decisions basic compromise worked manner secure public interest time guard private ones affected abuses protection rightfully may claimed latter identical protected invasion actual search seizure threatened abuses rather interests men free officious intermeddling whether irrelevant lawful purpose unauthorized law concerning matters proper occasion within lawfully conferred authority broad limits subject public examination public interest officious examination expensive much eats men substance time consuming clogging processes business become persecution carried beyond reason hand petitioners view accepted stop much investigation public interest threshold inquiry case administrator designed avowedly render substantially impossible effective discharge duties investigation enforcement congress placed upon functions thus blocked might many others equal importa ce think therefore courts appeals correct view congress authorized administrator rather district courts first instance determine question coverage preliminary investigation possibly existing violations exercise subpoena power securing evidence upon question seeking production petitioners relevant books records papers case refusal obey subpoena issued according statute authorization aid district enforcing constitutional provision forbids congress contrary authority seem clearly comprehended proper clause incidental general legislative investigative powers iv said disposes petitioners principal contention upon sufficiency showing assignments however present questions whether showing required beyond administrator allegations coverage relevance required materials question character stated otherwise whether may order enforcement upon finding cause probability fact coverage held appeals tenth circuit following lead eighth circuit walling benson may upon narrower basis accepted third circuit showing clearly sufficient constitute cause sense conceptions coverage prevailing time hearing whether showing necessary accordingly judgment case must affirmed showing less extensive doubtful constitute cause coverage term used decisions tenth eighth circuits appeals third circuit label held showing sufficient congress made requirements terms showing cause view already said possible constitutional requirement sort satisfied administrator showing case including allegations concerning coverage also proceeding investigation accordance mandate congress records sought relevant purpose actually view today ruling mabee white plains pub supra showing including facts supplied response sufficient establish coverage though required result therefore sustains administrator position investigative function searching violations view securing enforcement act essentially grand jury issuing pretrial orders discovery governed limitations shall act arbitrarily excess statutory authority mean inquiry must forecasts probable result investigation blair cf hale henkel judicial function either abused abased leaving determination important questions administrator position concedes courts may decide petitioner stress enforcement subject inconvenience expense harassment argument answered fully said myers bethlehem harassment subpoena issued enforced according law administrator authorized enter inspect act makes right subject cases judicial supervision persons seeks relevant information required submit demand respect unreasonable overreaches authority congress given may make defense surrounded every safeguard judicial restraint view safeguards expressed fears unwarranted intrusions upon personal liberty effective recall justice cardozo reply exaggerated forebodings jones securities exchange commission may find hyperbole sanguinary simile room intimation administrator proceeded cases manner contrary petitioners fundamental rights otherwise strictly according law remembered petitioners rights may involved threatened possible infringement employees rights public interest declared policy congress also affected petitioners enjoy practically complete immunity seek sufficient reason set forth returns accompanying affidavits enforcing subpoenas burden petitioners required assume order make defense accordingly judgments causes affirmed affirmed justice jackson took part consideration decision cases justice murphy dissenting without difficulty dissent procedure constitutionality established many years unable approve use subpoenas issued administrative agents administrative law increased greatly past years seems destined augmented even future attending growth new broader sense responsibility part administrative agencies officials excessive use abuse authority destroy man instinct liberty eventually undo administrative processes history without precedent successful revolt ruler hither swarms officers harass people perhaps far removed experiences past appreciate fully consequences may result irresponsible though use subpoena power allow officer unarmed judicial process demand books papers individual open invitation abuse power answer individual may refuse produce material demanded many persons yielded solely air authority demand made demand enforced without subsequent judicial aid many invasions private rights thus occur without restraining hand judiciary ever intervening confining subpoena power exclusively judiciary insurance corrosion liberty statutory enforcement thereby made impossible indeed made easier people desire cooperate enforcement statute direct proportion respect individual rights shown enforcement process liberty priceless forfeited zeal administrative agent footnotes pertinent portions various statutory provisions set forth notes upon filing application order show cause enforcement issued thereafter matter heard upon pleadings including application respondent return together affidavits filed parties see note also note infra district made findings fact conclusions law see wage hour among things determined company herein subject wage hour act issued order inspection accordingly finding conclusion appeals said matter submitted trial rule show cause concluded coverage go far order show cause issued filing application upon return made included affidavits attached exhibits rendered opinion entered order dismissing proceedings stating however since administrator opportunity sufficiently argue question coverage matter left proceedings may appropriate opinion noting deny enforcement divide proceedings two distinct stages one presence determine elements violation went say seem compelling reason case act apply certain business part industry seem follow provisions act applied thereto page see note allegations coverage applications made upon information belief general rather specific evidentiary character application set forth respondent engaged business publishing newspaper newspapers virtue activity engaged interstate commerce production goods commerce within meaning act allegations appeared course business company sends daily news intelligence communications interstate commerce transports ships delivers goods produced points within points outside oklahoma administrator reasonable grounds believe company violating specified sections act entered make investigation provided refused permission inspect records etc apart one affidavit filed administrator setting forth circumstances company failure appear response subpoena facts beyond allegations application submitted either case companies however filed affidavits proceedings supplied additional facts well affiants conclusions concerning coverage see text part iv specifically general tobacco grocery fleming modified walling la belle steamship following decision endicott johnson perkins see note infra text decisions circuits passed matter substantially accord results see martin typewriter walling walling standard dredging walling american rolbal cudahy packing fleming reversed grounds cudahy packing fleming reversed grounds mississippi road supply walling fleming montgomery ward co walling benson see part iv see also sun publishing walling fleming lowell sun reversed grounds affirmed question presented whether congress enforce mandate excluding commerce circulation publisher refusing conform cf sun publishing walling since fifth amendment unlike fourteenth contains protection clause petitioners burden due process duty provision follows provisions sections shall apply respect employee employed connection publication weekly semiweekly newspaper circulation less three thousand major part circulation within county printed published exemption shows conclusively congress intended act apply employees publishers within terms exemption support views petitioners give interesting statistics concerning total number papers country number published daily daily sunday weekly semiweekly triweekly number group less circulation see note act became effective june sufficiency showing see part iv cf notes facts cases show petitioners served subpoenas declined honor upon advice counsel thereafter administrator applied enforcement case cf text infra notes see also note see authorities cited notes hale henkel wilson essgee bausch lomb optical cf white endicott johnson perkins myers bethlehem discussed infra part iii notes cf note text situation without accompanying change statute language expression committee reports subsequent appropriations coming largely one house hardly held change qualify pl unambiguous wording statute result amount retroactive amendment committee report step construction reference legislative history heretofore taken controversy appropriations arose administrator request sufficient funds allow periodic routine inspection every plant might covered act see hearings subcommittee committee appropriations house representatives department security agency appropriation bill pt senate acceded request house appropriations committee thought cost unjustifiable therefore recommended enough funds made available permit administrator make inspections per cent plants also permit inspect plants complaints actually registered see also conferees unable come agreement house instructed conferees insist smaller appropriation senate accepted house version appropriation bill following year house appropriations committee noted disapproval system approved congress adopted reiterated desire recommended procedure followed see also hearings subcommittee committee appropriations house representatives department security agency appropriation bill pt cf hearings subcommittee committee appropriations house representatives department security agency appropriation bill pt history falls far short sustaining view congress intent either statute enacted later administrator powers investigation expressly clearly conferred upon sparse legislative history bearing question contains nothing contrary bills originally introduced incorporate federal trade commission act contained substantially similar provisions house committee labor reported section usual administrative provisions authorizing board conduct investigations subpena witnesses compel testimony also page senate committee used language house bill recommitted committee drafted subpoena section essentially present form see substantially difference subpoena power given purpose purpose however bills introduced houses supra granted subpoena power purpose investigation proceeding act compare difference remedied senate house conferees conference came written see also cudahy packing holland note nothing reports discussion suggests power exercised subpoenas issued compliance terms statute enforced exactly accordance authority given section follows administrator designated representatives may investigate gather data regarding wages hours conditions practices employment industry subject act may enter inspect places records make transcriptions thereof question employees investigate facts conditions practices matters may deem necessary appropriate determine whether person violated provision act may aid enforcement provisions act except provided section subsection section administrator shall utilize bureaus divisions department labor investigations inspections necessary section except provided section administrator shall bring actions section restrain violations act section thus authorizes general specific investigations one gathering statistical information concerning entire industries cf walling american rolbal discover specific violations pattern become common since introduction federal law interstate commerce commission legislation see summary given federal state instances handler constitutionality investigations federal trade commission see also section fair labor standards act reads purpose hearing investigation provided act provisions sections relating attendance witnesses production books papers documents federal trade commission act september amended edition title secs hereby made applicable jurisdiction powers duties administrator chief children bureau industry committees section federal trade commission act stat provides purposes authorized investigations commission agents shall access right copy documentary evidence corporation proceeded power require subpoena attendance testimony witnesses production documentary evidence relating matter investigation section proceeds case disobedience subpoena commission may invoke aid requiring attendance testimony witnesses production documentary evidence district courts within jurisdiction inquiry carried may case contumacy refusal obey subpoena issued corporation person issue order requiring corporation person appear commission produce documentary evidence ordered give evidence touching matter question failure obey order may punished contempt thereof section also contains provision immuni individuals prosecution penalty forfeiture account testimony evidence produced response subpoena section imposes criminal penalties upon person shall refuse neglect attend testify answer lawful inquiry produce documentary evidence power obedience subpoena lawful requirement commission question presented cases concerning provision see part iv note also note see note see federal trade commission american tobacco justice holmes speaking said respects spirit well letter fourth amendment loath believe congress intended authorize one subordinate agencies sweep traditions fire interstate commerce commission brimson direct fishing expeditions private papers possibility may disclose evidence crime discuss question whether tried nothing short explicit language induce attribute congress intent see also note cf boyd hale henkel harriman interstate commerce commission words subpoena equivalent search seizure constitutional must reasonable exercise power lasson development fourth amendment constitution citing interstate commerce commission brimson hale henkel cf boyd pages page see also notes opinion compulsory production private books papers owner goods sought forfeited equivalent search unre sonable search meaning fourth amendment see also handler constitutionality investigation federal trade commission authorities cited characterizing identification order production actual search seizure figurative interpretation see addition better known accounts writs assistance cited goldman dissenting opinion page note page lasson development fourth amendment constitution case protection public interest stated follows opinion reminds us dangers wait upon abuse power officialdom unchained warning fraught truth never untimely timely reminder host impoverished investors ready attest dangers untruths half truths certificates masquerading securities pass current market dangers spreading belief untruths half truths designed passed guidance confiding buyers ranked peccadillos even perhaps part amenities business commission without coercive powers arrest amerce imprison though crime uncovered even punish contempt inquire report propriety every question course inquiry subject supervision ordinary courts justice likened denunciatory fervor star chamber stuarts historians may find hyperbole sanguinary simile justice cardozo joined present chief justice justice brandeis dissenting jones securities exchange commission see also handler constitutionality investigations federal trade commission particularly ff hand case protected privacy put justice brandeis dissenting olmstead makers constitution undertook secure conditions favorable pursuit happiness recognized significance man spiritual nature feelings intellect knew part pain pleasure satis actions life found material things sought protect americans beliefs thoughts emotions sensations conferred government right let comprehensive right right valued civilized men protect right every unjustifiable intrusion government upon privacy individual whatever means employed must deemed violation fourth amendment use evidence criminal proceeding facts ascertained intrusion must deemed violation fifth wilson hale henkel fourth fifth amendments visitorial power congress state corporations note rev ibid interstate commerce commission brimson interstate commerce commission baird baltimore ohio interstate commerce commission interstate commerce commission goodrich transit louisville smith interstate commerce commission new york central however harrison interstate commerce commission federal trade commission claire furnace see handler constitutionality investigations federal trade commission power limited inquiring concerning matters congress may regulate otherwise requiring production information rate made appear phase activity commerce affects see new york central authorities cited federal trade commission claire furnace must line drawn cases information called cf myers bethlehem handler op cit supra authorities cited leading case boyd justice bradley speaking relation compelled production man testimony private papers specifically business invoice used evidence convict crime forfeit goods said much quoted statement regard fourth fifth amendments run almost opinion quoting length lord camden discussion historic case entick carrington howell state trials relies strongly phase upon conjunction right freedom search seizure law forceth evidence owner custody process privilege incrimination page page cf also statement justice brandeis quoted supra note wilson hale henkel interstate commerce commission baird silverthorne lumber hale henkel interstate commerce commission brimson ff see also consolidated rendering vermont see note ruling limited view facts criminal proceedings proceedings forfeiture property single document called vitiating element lay incriminating character unusual provision enforcement statute provided failure produce might taken confession whatever might alleged motion production see notes thus far congress seen fit leave administrative officials authority enforce subpoenas pattern adopted federal trade commission act referring enforcement courts become accepted hether virtue reflections opinion interstate commerce commission brimson reasons extent pattern adopted summarized partially least handler op cit supra ff see example essgee silverthorne lumber government officers arresting corporate officials homes shadow authority went office company made clean sweep books papers documents found taking district attorney office photographed order return originals impounding copies subpoenas produce originals enforced order refusal obey held contempt strong language reversing decision undoubtedly called forth government effort say subterfuge thus avoid effects initial wrong cf weeks gouled thus aggravating circumstance federal trade commission american tobacco cf note seems commission claim unlimited right access respondents papers reference possible existence practices violation section page page said contrary first principles justice allow search respondents records relevant irrelevant hope something turn page page emphasis added cf silverthorne lumber supra note however wheeler element actual search seizure present subpoena enforced called copies letters telegrams cash books ledgers journals account books corporation covering period fifteen months cf interstate commerce commission brimson brown subpoena called letters telegrams copies thereof passing national trade association members including officers agents period two years reference eighteen different items justice sutherland said subpoena specifies reasonable period time reasonable particularity subjects documents called relate question ruled hale henkel consolidated rendering vermont wheeler supra reference breadth subpoena order production scope called addition authorities cited note note see hammond packing arkansas bausch lomb optical handler op cit supra ff see note hale henkel wilson smith interstate commerce commission baltimore ohio interstate commerce commission cf interstate commerce commission goodrich transit harriman interstate commerce commission see handler op cit supra ff cf authorities cited notes cf importing boyd page page note supra subpoena called production books papers documents showing hours worked wages paid employees october date hereof including payroll ledgers time sheets time cards time clock records books papers documents showing distribution papers outside state oklahoma dissemination news outside state oklahoma source receipt news outside state oklahoma source receipt advertisements nationally advertised goods specification substantially identical except period time covered demand see language section note supra course violation found situation coverage exist authority investigate existence violations accordingly included authority investigate coverage cf endicott johnson perkins myers bethlehem discussed text herein notes authorities cited note supra description made particularity nature inquiry administrator situation permit see note subpoenas limited books papers documents respective corporations alone addressed required production specified times places cities publication stated purpose investigation one affecting respondent pursuant provisions complaints violations said company sections act cf authorities cited notes granting certiorari endicott johnson case among reasons probable conflict general tobacco grocery fleming case arising fair labor standards act page page argument damage said contention war rule judicial administration one entitled judicial relief supposed threatened injury prescribed administrative remedy exhausted obviously rule circumvented asserting charge complaint rests groundless mere holding prescribed administrative hearing result irreparable damage lawsuits also often prove groundless way discovered relieving defendant necessity trial establish fact page page true myers situation board determination quasijudicial given finality facts evidence sustain findings national labor relations act stat expressly made exclusive whereas situations presented administrator investigation preliminary instituting proceedings thus none finality character given board determination noted board also preliminary investigative authority incidental preparation hearing subpoena power applies national labor relations act stat said courts forbidden determine coverage prior board judicial proceeding deciding question seem necessarily follow forbidden also decide prior board preliminary investigation determine whether proceeding shall instituted mere fact first stage formal adjudication administrative one case judicial seem make difference power congress authorize either preliminary investigation use subpoena power aid evidence company employees engaged commerce supplied largely return rule show cause supporting affidavits consisting admissions statements fact concerning modes business admissions obviously made upon petitioner broad theory publishing business subject act commerce power conclusions nullify factual character admissions taken adequately sustain appellate conclusion cause coverage see notes administrator allegations general merely set forth company newspaper publisher administrator reason believe violating act commerce production goods commerce conclusion denied admissions return including affidavits supplied pertinent facts relation coverage respondent news printing engaged business publishing distributing evening news daily paper less one per cent circulation copies daily average copies distributed outside new jersey paper published business conducted manner papers according methods shown affidavits disclosed nothing material concerning interstate phases businesses generally except might inferred statements publish national international well local news must quickly possible events occur section federal trade commission act authorizes administrator invoke aid case disobedience subpoena authorized give assistance case contumacy refusal obey subpoena issued corporation person cf note bill discovery equity seem furnish instance cf sinclair refining jenkins petroleum see also provisions pretrial examination taking depositions federal rules civil procedure rules following section union central life ins burger bloomer sirian lamp lewis air lines transport power congress call information presents related illustration mcgrain daugherty general tobacco grocery fleming said exercise judicial power review questions law conferred act congress seal become mere rubber stamp approval arbitrary action administrative agency case district said functions courts remain functions merely act adjunct administrative bodies issues authorityto conduct investigation relevancy materials sought breadth demand neither minor ministerial matters failure satisfy fully discretionary power implied statute use word rather see note authorizing enforce subpoenas going far say congress proceed upon basis go forward requiring showing probable cause coverage sense probability fact coverage cf note text coverage one element violation probable cause sense must shown concerning difficult understand probable cause must shown also concerning exemptions see martin typewriter walling walling labelle essential element violation see note supra see note