Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-01-16
H CABLE SEIZURE

Judge Hand, of the federal district court of New
York. has decided that the court has no authority to
enjoin the government from taking possession of and OPP
Grating the ocean cables under the act Of congress con-
ferring large powers on the President for war purposes
The court holds that congress acted within its rights
when it delegated this power to the President, and that
the question of whether or not the power has been wisely
used is not for the courts to determine. To do SO. he
says, would be to substitute government of courts for one
of laws. He holds. further, and cites numerous author
tiles in support of his belief, that a state of war still ex-
lists, so that powers granted for the period of-the war
continue. Notwithstanding the armistice.
The cable owners who have asked for the injunction
announce their purpose to appeal the case, SO that there
can be no final decision for some time. 1t is easy. how
ever, to follow the reasoning of the court in announcing
the decision. There is involved the principle of the right
of the nation to defend its own existence, and the right
of congress to confer on the commander in chief Of its
army and navy all the power necessary to make the mil
itary work of the nation effective cannot very well be
questioned without denying the right of the nation to de-
fend itself. The right having been properly granted. tho
courts cannot supervise its exercise, and the very fact
of the granting Of these powers to the President involves
the right Of the President to use his own judgment in
acting under the authority conferred on him.
; AS to the continued existence of a state of war, it is
a little surprising to the laynaan that a question should
have been raised on that point: 1t seems quite evident
that a state Of war exists until the enemy has been inter-
ly destroyed. wiped of the face of the earth, or until a
treaty Of peace has been concluded. Neither of these
things has been brought about. Germany still exists. and
we have concluded no treaty of peace with her. The
armistice is, it is true, something more than the ordinary
truce. 1t is recognized as a step toward peace, and its
conditions are such that it will not be possible for Ger
many to resume hostilities. Nevertheless, the condition
remains one of war.
II the deciSiOnT Of the New York irdoa e+,nde tho
President, or those acting for him, must have the right
to carry out the provisions Of the Jaw covering this case,
and to use their best judgment in doing so. But because
this right exists it does not follow that it has been used
wisely. And, granting even that it might have been wise
for the government to take over the cables at the be-
ginning Of the war, it does not follow at all that Their. Is
any need for such an act now, when. although we are
purposes, is over.
1t is not clear how the operation of the cables by
the government during the remaining days of technical
war is going to facilitate the bringing Of our soldiers
nome, which seems to be now the biggest army Job tnat
the government haso hand. Nor is it clear how it can
pose is to cause the government to enter upon perman.
ent ownership Of telegraph and cables lines. the nrone-
course would have been to go to the thing frankly. and
enact a law making the necessary provisions. In this
case. as in many others, it appears that advantage has
been taken Of a war exigency to force upon the country
a permanent peace policy which could not have been
adopted on its own merits.