The commercial. (Union City, Tenn.) 190?-193?, 1918-02-01

when such transports will sail, they
will hav- succeeded in giving all the
information necessary to the ruthless
enemy to enA5 le him to make his
submarines mos6 effective.
But his vote for the senate resolu-
ton above referred to, and the conse-
quent aid in disclosing TO the world
the desperate condition and vital
needs of our transports are not the
only acts of the senator in relation to
this act of the president now APP
proved by the vast majority of pa
triotic citizens of this country.
On the 18th day of January, 1918,
the Knox county fuel administrator,
the Honorable John w. Green, wired
the senator asking to be advised prin-
cipally as to whether factories run
by hydro electricity were within the
operation of the order.
After Mr.. Garfield had been forced
to proclaim to the world and so to
the vigilant enemy and his spies in
this country that our transports were
unable to proceed, for lack of coal, on
their voyages carrying war materials
and supplies to our allies and boys
in France, the senator replied to Mr..
Green's telegram and, as given to Mr..
newspapers for publication, after re-
ferringto the rulingexempting plants
operated by hydro-electricity from
the operation of the order, proceeded
to volunteer the opinion that the or
der as applied to any consumer of coal
was illegal. He said:
''The order was made under the au-
thority supposed to be given by sec
ton 25 of the food and fuel control
bill. 1t is the opinion of lawyers
here, in which / concur, that the sec
ton gives no control over tho use of
coal in the hands of consumers, but
only the production, distribution and
sale of it."
What is the meaning Of this attack
upon tie legality of the presidents
order? Certainly it could not have
been intended to lend the great name
and reputation of the senator to a
suggestion that the order be not COM
piled with or attacked in the courts ?
Such course could only result in
thousands freezing, in further con-
gestion of traffic and our transports
continuing to remain useless, shut
ting off the carrying supplies to our
troops aboad, while the senate de-
bated, lawyers quibbled and the slow
course of litigation proceeded.
We would impute no improper mo-
tive to the distinguished senator,
but it is submitted to the judgment
of a candid and patriotic people
whether this action in the premises
was encouraging to the president or
helpful to the preparations of the
administration.
Now a word as to the legality of
the order. We would not diminish
the respect usually accorded the
opinion of the distinguished senator,
but certainly the telegram sent by
him could not have been written
with the provisions of the act be-
fore him.
Even section rs referred to in his
opinion provides:
THAT the president of the United
States shall be and he is hereby au
thorized and empowered whenever
and wherever in his judgment neces-
sary for the efficient prosecution Of
the war, fix the price of coal and
coke whenever and wherever sold.
To establish rules for the regula-
tion of and to regulate the method of
production, sale, shipment, distribu-
ton. Apportionment or storage
thereof among dealers and consum-
ers, domestic or foreign.
But even if he misconceived the
plain provisions of section 20 he
certainly did not take into consider
alton the spirit and intention of the
act manifested by its title, set out
above, and also clearly stated in
section / as follows:
Section THAT by reason of the
existence of a state of war it is es-
sentiai to the national security and
defense for the successful prosecu-
tion of the wal and for the support
and maintenance of the army and
navy to assure an adequate supply
and equitable distribution, and to
facilitate the movement of foods,
feeds, fuel, including fuel oil and
natural gas -. hereafter in
this act called necessaries; to pre-
vent locally or generally scarcity,
boarding, injurious
speculation, manipulation and pri-
vate controls affecting such supply,
distribution and movement; and to
establish and maintain government
control of such necessaries during
the war"
And then to put the matter beyond
question section contains the fol-
lowing provision:
1.-THE president is authorized to
make regulations and to issue such
orders as are essential effectively to
carry out the provisions of the act. "
That the executive order con-
demned by the senator was necessary
to meet grave condition. danger
Gus emergency--is now generally
conceded, and as such it is approved; /
that it was within the plain mandate
of the law which the president was
sworn to execute seems apparent
from even a casual consideration of
its provisions. Again, | say:
Let us stand by the president.
Water Power Should Be Conserved.
Believing that the last great nat
ural resource belonging to and re-
naming within the control of the
people of this country, to-wit: the
public waters and the power capable
of development therefrom, should be