The Fayette falcon. (Somerville, Tenn.) 190?-current, 1918-02-15

we're Within the operation OF the order.
after Mr.. Carried had been forced to
proclaim to the world and so to the
vigiant 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
as Of the food and fuel control bill. It
IL the opinion of lawyers here, in which
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 ii 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 OF the carrying of supplies to
our troops abroad, while the senate de-
hated, lawyers dubbed and the slow
course of litigation proceeded.
I'VE would impute no improper motive
/ TO the distinguished senator, but IL is
submitted to the Judgment of a candid
and patriotic people whether his action
lin the premises was encouraging to the
president or helpful to the war prepare
tions of the administration.
Now a word as TO the legality Of the
order. We would not diminish the re-
speot 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
Even 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 fix
the price of coal and coke whenever and
Il wherever sold - to establish rules
for the regulation OF and to regulate the
method of production, sale, shipment
4 distribution, apportiOnment or storage
| thereof among dealers and consumers,
domestic or foreign
"But even IL he misconceived the plain
| provisions of section IS 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
4 existence Of a state OF war IL is es-
i sential to the national security and
defense for the successful prosecu-
ton Of the war and for the support
and maintenance OF the army and
navy TO assure an adequate supply
i and equitable distribution. and to
/ facilitate the movement Of foods,
/ feeds. fuel, including fuel oil and
natural gas hereafter in this
L act called necesssries: 70 prevent To-
cally or generally scarcity, nlonorS-
lization, boarding. Injurious specu-
Il lation, manipulation and private con-
trolls affecting such supply, dist-iou-
ton and movement; and &c establish
Il and maintain government control OF
I such necessities during the var.