Arthur J. Morris Law Library 580 Massie Road University of Virginia Charlottesville, Virginia 22903 archives@law.virginia.edu URL: http://archives.law.virginia.edu/
16 Cubic Feet, 28 archival boxes, plus photographs and some oversized materials.
Creator
McFarland, Carl, 1904-1979
Language
English
.
Abstract
Professional legal papers that document McFarland's work in administrative law at the Department of Justice, the Hoover Commission,
the Virginia Administrative Procedure Act and as President of the University of Montana. There is correspondence, research
materials, student notebooks and miscellaneous materials.
Born in Seattle, Washington, in 1904, Carl McFarland received his B.A. (1928), his M.A. (1929), and his LL.B. (1930) from
the University of Montana. In 1932 he earned an S.J.D. from Harvard Law School, and a year later his dissertation, Judicial
Control of the Federal Trade Commission and Interstate Commerce Commission, was published. Returning to Montana in the fall
of 1932, McFarland joined the law firm of Toomey and McFarland in Helena. Early in 1933, he accepted the Montana State Supreme
Court's offer to act as Commissioner of the codification of the Montana statutes. He had barely begun this work when he left
to join the Department of Justice in Washington. First employed as a special assistant anti-trust attorney, McFarland was
later appointed assistant attorney general. In charge of the vast Lands Division, he was instrumental in drafting much New
Deal legislation. Also during this period McFarland co-wrote Federal Justice with Attorney General Homer S. Cummings. He received the American Bar Association's first Ross Award in 1934.
By 1939, both men had left the Justice Department. McFarland joined Cummings in private practice at the latter's Washington
firm of Cummings and Stanley (later called McFarland and Sellers). Beginning in 1940, McFarland was active in American Bar
Association committees, chiefly the Legislation and Administrative Law Committee. In this capacity he was the principal draftsman
of the Administrative Procedure Act, the federal statute which provides for the governing of more than one hundred governmental
agencies, and which was voted into law in 1946 without a single dissent in either house. For his contributions to this legislative
achievement, McFarland was awarded the American Bar Association's Gold Medallion. Following the passage of the bill, he served
a brief term as Chairman of the Civil Service Commission's Hearing Examiner Board in 1948-1949. Leaving private practice in
1951, McFarland began an eight-year stint as president of the University of Montana. He joined the faculty of the University
of Virginia Law School in 1959. His courses included Administrative Law and Legislation. An authority on legislative and administrative
law, McFarland served on the Hoover Commission, the President's Conference on Administrative Procedure in 1954-1955, and the
Virginia Code Commission. He was consultant to the Virginia Commission on Constitutional Revision, and chairman of the 1968
United States Public Land Law Revision Commission. He died in 1979.
The papers of Carl McFarland, contained in 28 boxes (136 linear ft.), were deposited at the Law Library by his widow, Pat
McFarland, on February 1, 1985. Most of the collection had been stored in file cabinets in his study at home.
These papers, which are almost entirely professional, have been arranged in groups corresponding to the stages of McFarland's
career. The earliest records originated during his tenure at the Department of Justice in the 1930's, and contain valuable
information concerning the Wagner Act, the Agricultural Adjustment Act, and other New Deal legislation. McFarland's work as
chairman of the American Bar Association's committee on administrative law, which resulted in the 1946 passage of the Administrative
Procedure Act, is fully documented, as is his brief term as chairman of the Civil Service Commission's Hearing Examiner Board.
While there is little material documenting his term as president of the University of Montana, there are records of his activities
on the Hoover Commission, the President's Conference on Administrative Law, and the Virginia Code Commission. McFarland's
role as literary executor for former Attorney General Homer S. Cummings is documented in detail.
Later files include many drafts of a proposed casebook, Legislation and Administrative Law, as well as much teaching material,
primarily notes and exams from courses taught at the University of Virginia. These files contain many folders of research
notes and clippings related to his various professional interests. A list of published material found in the collection is
enclosed in the control folder.
McFarland's correspondents include Griffin Bell, Raymond Bice, William J. Brennan, Mortimer Caplin, Tom Clark, Homer S. Cummings,
Hardy Dillard, Northcutt Ely, Paul Freund, William Harbaugh, Frank Hereford, William Leuchtenberg, Miles Lord, Pat McCarran,
Frank Murphy, Allan Nevins, Monrad Paulsen, Stanley Reed, Jack Ritchie, Franklin Roosevelt, Emerson Spies, Robert F. Wagner,
Henry A. Wallace, and Sumner Welles.
McFarland's papers will be of interest to scholars of administrative and legislative law, as well as the New Deal era.
There are no restrictions on the use of the Carl McFarland papers.
Reports, Pamphlets, ABA Bulletins, Congressional Record, Proceedings, Articles, Official Prints (2 folders)
1944-1945
Report of the Special Committee on Administrative Law, 1943
A Bill to Improve the Administration of Justice by Prescribing Fair Administrative Procedure. Proposed Federal Administrative
Procedure Act. American Bar Association. March 1944.
"The American Bar Association's Proposals for Fair Administrative Procedures." Paper presented by A. C. Miller, at Seminar
on Fair Hearing, November 13, 1944.
ABA Administrative Law Committees Bulletin No. 1, October 1944.
ABA Administrative Law Committees Bulletin No. 2, October 1944. "The Bill."
ABA Administrative Law Committees Bulletin No. 3, November 1944."Resolutions."
ABA Administrative Law Committees Bulletin No. 4, November 1944."Congressional Views."
ABA Administrative Law Committees Bulletin No. 5, December 1944. "79th Congress"
Public Forum of the Federal Bar Association on Administrative Law and Procedure. "Should a Uniform Administrative Procedure
Be Prescribed by Statute for All Federal Agencies?," Opening Remarks by the President of the Federal Bar Association Tom C.
Clark, Assistant Attorney General
1945-03-30
Pound, Roscoe: Administrative Agencies and the Law. Address delivered on the McCarran-Sumners Bill to Improve the Administration
of Justice by Prescribing Fair Administrative Procedure, on April 6, 1945, in New York Coty, under the auspices of the National
Association of Women Lawyers. Reprint.
Simmons, David A.: "Law and Administrative Government." Reprint from 28 Journal of the American Judicature Society 133-137
(February, 1945)
Government According to Law. Shall We Have It? Proposed Federal Administrative Statute S.7 and H. R. 4941 79th Congress. ABA,
Administrative Law Committees, December 1945
Administrative Law Committees Directory of Regional and State Chairmen, January 1945
Administrative Procedure Act. Report of the Committee on the Judiciary on S. 7. A bill to Improve the Administration of Justice
by Prescribing Fair Administrative Procedure. Washington, Government Printing Office, 1945
Administrative Procedure. Hearings before the Committee on the Judiciary. House of Representatives, on the Subject of Federal
Administrative Procedure and on the Following Bills H. R. 184, H. R. 339, H. R. 1117, H. R. 1203, H. R. 1206, and H. R. 2602,
June 21, 25, and 26, 1945. Serial No. 19. Washington, Government Printing Office, 1946.
"Small Business Needs Administrative Law Reform. Extension of Remarks of Hon. James E. Murray of Montana, in the Senate of
the United States, Friday, March 16, 1945
Federal Administrative Procedure. Administrative Procedure Act with Explanation. For Members of the American Bar Association.
New York, Commerce Clearing House, Inc., 1946
Administrative Procedure Act with Explanation Approved June 11, 1946. CCH Federal Administrative Procedure Edition. New York,
Commercial Clearing House, 1946.
Administrative Procedure Act Legislative History. 79th Congress. 1944-46. Presented by Mr. McCarran, July 26, 1946
(S. 7) Administrative Procedure Bill. Full text of the bill as finally passed by Congress and sent to the President of the
United States for approval. New York, Commerce Clearing House
Shall We Have Government Under Law? The Proposed Federal Administrative Procedure Act. S. 7 (McCarran), H. R. (Sumners), H.
R. 5988 (Walter), April 1946
Administrative Procedure Act. Report of the Committee on the Judiciary. House of Representatives on S. 7, a Bill to Improve
the Administrative Procedure. May 3, 1946 - Committed to the Committee of the Whole House on the State of the Union and ordered
to be printed.
Administrative Procedure Act. Proceedings in the House of Representatives May 24 and 25, 1946 and Proceedings in the Senate
of the United States, March 12 and May 27, 1946.
Mixed Materials [35007008149969] MSS 85-3, Box 2
S. 7 -- Committee prints
1945
Mixed Materials [35007008149969] MSS 85-3, Box 2
S. 7 -- Committee reports
1945
S. 323 (January 11, 1943)
S. 324 (January 11, 1943)
S. 325 (January 11, 1943)
H. R. 673 (January 6, 1943
H. R. 816 (January 7, 1943)
Analysis. Smith Bill. Attorney General Committee Report Recommendation. American Bar Association Bill (H. R. 5081 and S. 2030)
[Public Law 404 - 79th Congress] [Chapter 324 - 2d Session] [S. 7] An Act to improve the administration of justice prescribing
fair administrative procedure.
Administrative Procedure. A Handbook of Law and Procedure before Federal Agencies. New York, Commerce Clearing House, Inc.,
1946
Vanderbilt, Arthur T.: Administrative Law. Reprint from 1942 Annual Survey of American Law.
ABA Special Committee on Administrative Law. Legislative Proposal on Federal Administrative Procedure. 1944
Smith, Willis: "Drafting the Proposed Federal Administrative Procedure Act," reprint from Journal of the American Judicature
Society, February 1946
Mixed Materials [35007008149969] MSS 85-3, Box 2
Congressional Record debates
1946
Mixed Materials [35007008149969] MSS 85-3, Box 2
Homer S. Cummings
1938-41
Mixed Materials [35007008149969] MSS 85-3, Box 2
Drafts of Bill
[1943?]
Mixed Materials [35007008149969] MSS 85-3, Box 2
APA Printed Drafts of Bill - Broadside Text of Revised S. 7 (79th Congress) Omitting Sections on Title, Definitions, and Construction;
Hearing Examiner Regulations Promulgated Under Section 11 of the Administrative Procedure Act (1951); Public Law 404 - 79th
Congress; Report of the Committee of the Judiciary on S. 7 (1945)
1945-47
Mixed Materials [35007008149969] MSS 85-3, Box 2
"[Committee Print] S. 7" - [McFarland's copy of text of S. 7 with handwritten notes]
General
"(1)Text of S. 7, (2) a revised text develop through informal conferences with interest parties, (3) brief explanatory statements,
and (4) a summary of suggestions and objections respecting the revised text."
General
There are also loose documents inserted in the document.
Processing Information
Oversized document transfered to oversized cabinet in March od 2021.
Photographs Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Clark Hall (oversize)
Physical Location: Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials] n.d.
Photographs Law Special Collections photographs cabinet
Cummings Golf Tournament, Pinehurst, N.C. (8)
Physical Location: Law Special Collections photographs cabinet n.d.
Photographs Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials] Photographs Law Special Collections photographs cabinet
Cummings, Homer [7 -- 5 oversize]
Physical Location: Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials] 1937, 1940, n.d.
Photographs Law Special Collections photographs cabinet
Department of Justice (5)
Physical Location: Law Special Collections photographs cabinet
Photographs Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Harvard Law School Graduate Students (oversize)
Physical Location: Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Photographs Law Special Collections photographs cabinet
Helena, Montana, State Capitol building [?]
Physical Location: Law Special Collections photographs cabinet n.d.
Photographs Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Justice Department's Chief Officers: Robert H. Jackson, Stanley Reed, Homer Cummings, Joseph Keenan, James Morris, Joseph
Jackson, Charles Whitaker, Brian McMahon, [Golden?] Bell [5 oversize]
Physical Location: Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials] 1937
Photographs Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Justice Department luncheon honoring Stanley Reed [oversize – autographed]
Physical Location: Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials] 1938
Photographs Law Special Collections photographs cabinet
Law School faculty
Physical Location: Law Special Collections photographs cabinet ca. 1950
Photographs Law Special Collections photographs cabinet
McFarland, Carl (12)
Physical Location: Law Special Collections photographs cabinet n.d.
Photographs Law Special Collections photographs cabinet Photographs Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
McFarland, Carl before a new construction
Physical Location: Law Special Collections photographs cabinet Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials] n.d.
Scope and Contents
[4 -- 3 oversize]
Photographs Law Special Collections photographs cabinet
McFarland law office in Helena, Montana n.d. McFarland's snapshot of unidentified luncheon
Physical Location: Law Special Collections photographs cabinet [1932]
Photographs Law Special Collections photographs cabinet
McFarland, Harry Truman, John W. Gwynne, Charles E. Long, Ashley Sellers, Pat McCurran, Tom Clark, Hatton W. Sumners at signing
of Administrative Procedure Act (21)
Physical Location: Law Special Collections photographs cabinet 1946
Photographs Law Special Collections photographs cabinet
Sellers, Ashley (law partner of McFarland)
Physical Location: Law Special Collections photographs cabinet n.d.
Photographs Law Special Collections photographs cabinet
[Stephens?], Harold M
Physical Location: Law Special Collections photographs cabinet n.d.
Photographs Law Special Collections photographs cabinet
University of Wyoming Library and School of American Studies (2)
Physical Location: Law Special Collections photographs cabinet n.d.
Oversize Items
Mixed Materials Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Bar Admission certificates (3)
1930, 1933, 1948
Mixed Materials Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Administrative Procedure Act text
[ca. 1945]
Mixed Materials Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Department of Justice seal
n.d.
Mixed Materials Law School, Basement, Special Collections Storage, Oversized Files Cabinet [Law Oversized Materials]
Thesis (carbon), "Administration in State Government in the United States with Special Reference to the Administration of
the Central Government of the State of Montana"