The Covington leader. (Covington, Tenn.) 18??-current, 1918-02-15

were within the operation of the order
"After Mr.. Garfield had been forced t.
proclaim to the world and so to tht
vtgilant 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 MIR. Green's tele-
gram, and, as given to the newspapers
for publication, after referring to the
ruling exempting plants operated by ny
! 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
is the opinion Of lawyers here, in which
I concur, that the section gives no con-
troll OF the 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 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 sugges-
tion that the order be not complied with
or attacked in the courts? Such a 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.
we would impute no improper motive
to the distinguished senator, but it 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
Nov a word as to the legality of 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.
Even section 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 fix
the price of coal and coke whenever and
wherever sold 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
"But 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 / That by reason of the
existence of a state Of war it is es-
sential to the national security and
defense for the successful prosecu-
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
naturalagas = hereafter in this
act called necessaries; to prevent To-
eally or generally scarcity, monopo-
LEGATION, boarding. injurious specu-
lation, manipulation and private con-
trolls affecting such supply, distribu-
ton and movement: and to establish
and maintain government control of
such necessities during the war