Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-12-21
ROOSEVELT POWER
ITO FIX EMBARGO
ION ARMS UPHELD
Supreme Court Sanctions
Ban on Munitions to
Chaco War.
WIDER NEUTRALITY LAW
PATHWAY HELD CLEAR
Opinion Removes Doubt Of Consti.
tutionality of Present Act,
Lawyers Say.
BY JOHN H. CLINE.

The authority of President Roose-
welt to place an embargo on the sale
Of munitions to Bolivia and Para
quay during the recent Chaco War
was affirmed by the Supreme Court
today in 7-to-l opinion giving the
Chief Executive wide powers as the
representative of this country in ne
gotiations undertaken to insure world
peace.
Justice McReynolds was the lone
dissenter. Justice Stone, who is Ill.
did not participate.
1T is quite apparent" the court said,
that If, in the maintenance of our
international relations, embarrassment
perhaps serious embarrassment-is
to be avoided and success for our aims
achieved, congressional legislation.
which is to be made effective through
negotiation and inquiry within the in.
ternational field, must often accord to
the President a degree of discretion
and freedom from statutory restric.
lions which would not be admissible
were domestic affairs alone involved"
The justices also agreed today to re.
view an appeal from the lower courts in
case involving the constitutionality of
the Frazier-Lemke farm mortgage
moratorium act.
Neutrality Path Thought Cleared.
Administration officials believe the
embargo decision cleared a legal path.
way for general neutrality legislation
vesting broad discretionary authority
in the President.
Government lawyers said the opin.
ion not only removed any doubt of the
constitutionality of the present neu-
trality law, but opened the way to ex.
tension of that act if the next Con.
gress so desires
While the courts opinion was con.
/ fined to the Presidents authority to
forbid the sale of munitions in this
country for use in the Chaco war, 1t
noted that the Chief Executive often
had confidential information on foreign
| relations which was not available to
Congress.
After the President had promul.
gated the embargo on May %. 1884.
several airplane manufacturers and
| individuals were indicted in New York
for an alleged conspiracy to sell IS
machine guns to Bolivia in violation
of the Presidents order.
Delegation of Authority Attacked.
Among the defendants named in
! this indictment were the Curtiss.
Wright Export Corp, Curtiss Aero
plane and Motor Co.. Inc. and Barr
Shipping Corp.
They attacked the validity of the
| indictment, contending the Presi-
| dents executive order was illegal be.
cause Congress had no authority to
delegate this Legislative power to
him" The lower court agreed with
this contention, and the Government
| appealed.
After reviewing the legislative back
ground for the Presidents authority to
| participate in international matters
without detailed grant of authority
from Congress. the court said in the
| opinion read by Justice Sutherland.
THE President, not Congress, has
the better opportunity of knowing the
conditions which prevail IN foreign
countries, and especially is this true
in time Of war.
Narrow Standards Undesirable.
when he Is to be authorized by
legislation to act in respect of a mat.
ter intended to affect the situation in
foreign territory. the legislator prop.
erly bears in mind the important con-
| sideration that the form of the Presi-
(See COURT, Page A-4.)