Report No. 60
12.12. Position in U.S.A. as to publication.-
In the United States of America, Congress enacted, in 1935, the Federal Register Act,1 which was an aftermath of the judgment of the Supreme Court in Panama Refening Co. v. Ryan, (1935) 293 US 388.2 It provides for a system of publication of all Federal Regulations, Rules and Orders of a general application, and for their legal effect. Under the Act, all Federal subordinate legislation should be published in an official publication called the Federal Register. This Act anticipated the English and the Canadian Acts, on the subject of publication and specifically provided that a "document", i.e. Rules and Regulations and Orders required to be published under the Act "shall not be valid as against any person who has not had actual knowledge thereof until it had been filed for publication."3
1. The Federal Register Act, 1935.q
2. See, now, the Administrative Procedure Act, (1966) 5 USC sections 552 and 553.
3. Newman Government and Ignorance, (1950) 63 Harvard Law Review 929.