Evening star., 1940-09-03
Drafting Industry


House opponents of the Russell
Overton amendment to the selective
service bill appear to be concentrat-
ing their efforts on notifications
which would apply rule of reason to
governmental control of industry in
the present emergency. Certainly
some such modification of the hastily
adopted Senate provision is desir-
able.
As written into the Burke-Wads-
worth bill, the Russell Overton
amendment empowers the Secreta-
ries of War and Navy subject to
deferred condemnation proceedings,
to take over and operate any indus
trial plant or facility deemed neces-
sary to the national defense, if a
satisfactory working agreement can
not be reached with the private
owner. The language of the amend
ment amounts to virtually unlim-
tied delegation of power to the
administrative branch of the Gov
ernment. The word facility con-
ceivably might be applied to almost
an business concern, no matter
hoW remote its relation to the ma
tional defense, nor Is 1t required that
the Government make any showing
that particular property to be
condemned is in fact reasonably es-
sential to the defense program.
Such a grant of power under ex-
listing conditions is unreasonable
and unnecessary. 1t is quite con-
ceivable that cases may exist or may
arise in which the Government
ought to have authority to compel
private producer to cooperate in the
national preparedness effort. There
are some key industries, for example,
in which vitality essential products
are produced by concerns which en-
Joy what amounts to monopoly.
II any of these manufacturers, at
tracted by higher profits in other
fields, should refuse to accept Govern
ment defense contracts, the security
OF the country as whole would re-
quire that the proper public officials
be in a position to compel production
Of the essential materials, either by
the private owners or by the substitu-
ton of some system of public owner
ship. But it by no means follows that
this objective can be achieved only by
subjecting every industry and every
facility-whatever that all-inclusive
term may mean-to the threat of
condemnation.
The objections which have been
raised to the amendment could be
largely met if it we're to be modified
in two respects: First, to require a
showing by the Government as
condition precedent to the taking
over of any industry that it was rea-
sonably necessary to the national
defense, and, second, that the pri-
vate owner actually had refused VOL
unfairly to cooperate with the War
or Navy Department.
If the Government had the power,
subject to these limitations, to con-
demn private properties, it is prob
able that the need to exercise 1t
would rarely arise. Nor would there
be any reason in any case why the
meeting of two such preliminary re-
quirements should involve serious
delay. Congress might require that
the preliminary showing be made to
the satisfaction Of Federal District
judge, before a nonpartisan agency
to be established for that purpose,
or in some other similar manner. In
no case should the proper showing
by the Government, assuming that
the facts justify condemnation, re-
quire more than a few days.
Certainly the adoption of some
such provisions as these would place
the so-called drafting" of industry
on more equitable basis, assuring
q measure of protection for the rights
of individuals against arbitrary ac-
ton, without in any way prejudicing
the ability of the Government to act
effectively and quickly in the public
interest. It is to bel hoped that the
House, when it takes up the Burke
'Wadsworth bill, will move in this
direction.