INVENTORY OF THE PAPERS OF

CARL MC FARLAND

University of Virginia Law Library

Mss 85-3

Processed by Stuart McGehee
1985

BIOGRAPHICAL SKETCH
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 statues. 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.

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.

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.

Carl McFarland retired from teaching in 1975 and died on May 16, 1979.

SCOPE AND CONTENT NOTE
The papers of Carl McFarland, contained in 25 boxes (16 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 relative 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.

CONTAINER LIST

MSS 85-3

BOX NUMBER	DATE AND CONTENT DESCRIPTION

Department of Justice Files

1	1936, Agricultural Adjustment Act

	1938-89, General correspondence

	1937-79, Lands Division: Orders

	1937-79, Lands Division: Weekly reports (2 folders)

	1937-38, "Little Cabinet"

	1935-36, Miscellany

	1943-44, National Association of Manufacturers

	1934-37, Official correspondence (2 folders)

	1978, Official history

	1935, Petroleum legislation

	[1935?], Research outline: Public Lands Division

	1935, "Wagner Labor Bill" [NLRB]

Administrative Procedure Act

2	1944, Articles and pamphlets

	1945, S. 7 -- Committee prints

	1945, S. 7 -- Committee reports

	1946, Congressional Record debates

	1938-41, Homer S. Cummings

	[1943?], Drafts of Bill

	1945-47, Drafts

	1945, Legislative history of S. 7

3	1941, Walter-Logan and other bills: Articles

	1937-41, Walter-Logan and other bills: Documents

	1964-67, Revision of APA: Board of Consultants

	1964-65, Revision of APA: Committee hearings

	1964-65, Revision of APA: Text of bill

	1946-55, Uniform Administrative Rules: APA (S. 17)

Private Practice -- Cummings and Stanley

4	1929-46, Mexican Treaty: Boulder Dam

	1944-45, Reader's Digest

	1942-44, Stanolind Oil and Gas Co.

Civil Service Commission Hearing Examiner Board

	1946-47, Advisory Committee

	1946-47, Advisory Committee: Correspondence

	1949, Agency files, A - I (3 folders)

5	1948, Appointment

	1950, Board associates

	1950, Board forms and associates

	1950, Clippings

	1948, Congress

	1948, Department of Justice

	1949, First report

	1949-50, General correspondence

	1949, Grading chart of agency

	1948, Incumbents

	1949, Labor department

	1948, McFarland's notes

	1948-49, Maritime Commission

	1948-49, Matthew's cases

	1948-49, Miller's cases

	1948, Minutes of meetings

	1949, National Labor Relations Board

	1948-49, Outside applicants

	1942-46, Predecessors of the CSC

	1949, Proposed rules of practice

	1949, Rating factors

	1945-50, Regulations and releases

	1949, Second report and resignation

	1948-49, Securities Exchange Commission

	1948-49, Treasury

Virginia Administrative Procedure Act

6	1974, Annotated draft and committee minutes

	1974, Annotation (2 folders)

	1971-72, Code Commission

	1974, Code Commission: Changes

	1972-73, Committee correspondence

	1973, Committee to Revise AAA

	1974, Drafts and revisions (2 folders)
7	1974-79, General

	1974, Review actions

	1972, Similar state and federal statutes

	1972-73, Virginia Register: Correspondence

	1975, Virginia Register: Notes (3 folders)

	1972, Virginia Register: Public access

8	1975, Virginia Register: Publication of regulations

Miscellaneous Projects

	1962-64, Administrative Conference of the U.S. (2 folders)

	1949-53, Administrative Court (2 folders)

8, 9	1969, Administrative Procedure and the Public Lands (2 folders; copies of Report to Congress)

9	1968-69, Commission on Constitutional Revision

	1973, Delaware APA Drafting Project (2 folders)

	1955, Hoover Commission: Commission on Organization of the Executive Branch (3 folders)

10	1953-54, President's Conference on Administrative Procedure (1 folder + Committee Hearing Transcripts)

	1951-52, "Simplification of Order Procedure and Administration" (Milk Industry)

	1971-78, Virginia Bar Association: Administrative Law Committee (3 folders)

Miscellaneous Correspondence

11	1977, Griffin B. Bell

	1960, Britannica Encyclopaedia
11, cont'd	ca. 1930-70, Clippings (Personal)

	1947-66, Contracts for Cases, Text, and Materials on Legislative and Administrative Law

	1977, Cosmos Club

	1975-76, Homer S. Cummings: Alderman Library

	1956-69, HSC: Inquiries to McFarland

	1937-58, HSC: Letters, readings

	n.d., HSC: Miscellany

	1942-59, HSC: Pinehurst Golf Tournament

	1969-72, Thomas S. Currier

	1972, District of Columbia Bar

	1966-74, William D. Ferguson

	1970-77, John S. Field

	1973, A.E. Dick Howard

	1969-78, Stephen Koslow

	1976-77, Dan Meador

	1975, John McCoid

	1949-69, Miscellaneous correspondence (Dillard, Reed)

	1975, Montana Bar

	1962, NYU: Administrative workshop

	1971-72, Myron Nordquist

	1970-76, Monrad Paulsen

	1974-76, Recording for the Blind

	1965-66, Review of Cooper's State Administrative Law

	1963, Review of Friendly's Holmes Lectures
12	1971-76, Antonin Scalia

	1963-77, J.G. Sourwine (Senate Judiciary Committee)

	1976, Student Assistants

	1971-75, University of Virginia Center for Oceans Law and Policy

	1948-75, U.Va.: Correspondence (mostly F.D.G. Ribble)

	1960-76, U.Va.: Faculty

	1949-78, U.Va.: Former students

	1974-75, U.Va.: Honor system

	1967-68, U.Va.: Loans

	1974, U.Va.: Oceanic Education Committee

	1970-78, U.Va.: Parking

	1958-76, U.Va.: Professorship

	1976, U.Va.: Publications Committee

	1977, U.Va.: Recommendations for clerkships

	1971-72, U.Va.: School of Public Affairs

	1964, U.Va.: Self-study

	1964, U.Va.: Size Committee

	1977, Virginia Law Review

	1967-77, Virginia State Bar (2 folders)

	1970-71, "The Unique Role of Discretion in Public Land Law"

Teaching Material

13, 14	1959-74, Administrative law (12 folders)

15, 16	1958-75, Miscellaneous (14 folders)


Casebook

16-22	1959-75, n.d., Legislation and Administrative Law: Drafts (40 folders)

2 boxes of indexed note cards

Research Notes and Clippings

23	1950-70, n.d., Administrative law (4 folders)

	[1971?], "Analyses of Others"

	n.d., Annotations

	1963-64, 1971, Bibliography (2 folders)

	1959-70, Case lists (2 folders)

	1986, 1953, Clippings -- annotated

	n.d., Colonial statutes

	1961, Constitutions

	[1970's], Contract and property

	n.d., Early administrative regulation

	1970, Federal Register

	n.d., Hughes and other opinions

	1971-72, "Independent work"

24	n.d., Land cases

	1950-70, Legal usage

	1950-75, Legislation (5 folders)

	n.d., Legislative history of the Safety Appliance Act

	n.d., "Miscellaneous" (3 folders)

	n.d., Non-legislative functions

	1971, "Notes" [group research project]

	1971-72, Private remedies
25	1960-75, "Readings" (5 folders)

	n.d., Statutory construction (2 folders)

	n.d., Statutes in litigation

	n.d., Justice Joseph Story

	n.d., Virginia cases

Photographs

Date	Description

n.d.	Clark Hall (oversize)

n.d.	Cummings Golf Tournament, Pinehurst, N.C. (8)

1937, 1940, n.d.	Cummings, Homer (7 -- 5 oversize)

n.d.	Department of Justice (5)

1931-32	Harvard Law School Graduate Students (oversize)

n.d.	Helena, Montana, State Capitol building [?]

1937	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)

1938	Justice Department luncheon honoring Stanley Reed (oversize -- autographed)

ca. 1950	Law School faculty

n.d.	McFarland, Carl (12)

n.d.	McFarland, Carl before a new construction (4 -- 3 oversize)

[1932]	McFarland law office in Helena, Montana

n.d.	McFarland's snapshot of unidentified luncheon

1946	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)
Date	Description

n.d.	Sellers, Ashley (law partner of McFarland)

n.d.	[Stephens?], Harold M.

n.d.	University of Wyoming Library and School of American Studies (2)

Oversize Items

1930, 1933, 1948	Bar Admission certificates (3)

[ca. 1945]	Administrative Procedure Act text

n.d.	Department of Justice seal

1928-1973	Diplomas and certificates (26)



	ADDITIONAL PAPERS

	Mss 85-3a


Date	Content Description

1927-1947	Personal Correspondence

[1929?]	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"

1928-1975	Memorabilia

1930's-1970's	Clippings

ca. 1929	Photograph of college group



	Mss 85-3b

1932	Notes from Felix Frankfurter's class in administrative law

[early 1930s]	Notes from Roscoe Pound's lectures in jurisprudence (2 folders)

[early 1930s]	Analysis of Roscos Pound's lectures in jurisprudence

n.d.	Photograph of McFarland addressing a Congressional Committee (?)