The Lexington progress. (Lexington, Tenn.) 1884-current, 1918-02-15

were within the operation of the order.
after Mr.. Carried had been forced to
proclaim to the world and so to the
vigi1ant 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 tele-
gram, and, as given to the newspapers
for publication, after referring to the
ruling exempting plants operated by hy-
dro-electricity from the operation of
the order, proceeded to volunteer the
opinion that the order as applied to
any consumer of coal was Illegal. He
said;
"'The order was made under the au-
thority supposed to be given by section
rs Of the food and fuel control bill. It
concur, that the section gives no con-
troll Of the use of coal in the hands
of consumers, but only the production,
distributor and sale of IT,
What is the meaning of this attack
upon the legality Of the presidents or
der? Certainly it could not have been
| intended to lend the great name and
reputation Of the senator to a SUCCESS
tion that the order be not complied with
or attacked in the courts? Such course
could only result in thousands freezing,
in further congestion of traffic and our
transports continuing to remain useless,
shutting off the carrying of supplies to
our troops abroad, while the senate de-
bated lawyers quibbled and the slow
course Of litigation proceeded.
1--WE would impute no improper motive
to the distinguished senator, but 1t Is
submitted to the judgment of candid
and patriotic people whether his action
in the premises was encouraging to the
president or helpful to the war prepara-
tions of the administration.
Now a word as to the legality or the
order. We would not diminish the re-
spect 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 before him.
Gwen sention 25, referred to in his
opinion, provides:
"That the president of the United
States shall be and he is hereby author
lied and empowered whenever and Wher-
ever in his judgment necessary for the
efficient prosecution of the war to nix
the price of coal and coke whenever and
wherever sold y to establish rules
for the regulation Of and to regulate the
method of production sale, shipment,
distribution, apportionment or storage
thereof among dealers and consumers,
domestic or foreign
"Rut even If he misconceived the plain
provisions Of section rs he certainly did
not take into consideration the spirit
and intention of the act manifested by
its title, set out above, and also clearly
stated in section /, as follows
"'Section l. That by reason of the
existence of state of war 1t is es-
sential to the national security and
defense for the successful proseou-
tion Of the war 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 prevent To-
caIiy or generally scarcity, monopo-
lization. boarding. Injurious specu-
lation, manipulation and private con-
i trolls affecting such supply, distribu-
ton and movement; and to establish
and maintain government control OF
such necessities during the war