Evening star., 1940-06-05

For a time it was believed that
there would be some way by which
businessmen would not be penalized
for trying to assist in the national
defense, but evidently this hope is
without foundation. Thurman Ar
mold, Assistant Attorney General is
reported by the New York Times to
have said that he will require some
sort of certif1cation from the agen-
cies Of the Government engaged in
national defense work and that he
might withhold prosecutions.
But there is no certainty about
future indictments when the pres
ent emergency happens to be over.
The executives of the Middle West
ern oil companies thought they were
doing something for the Govern
ment when they gathered together
to see what could be done about
keeping distress gasoline off the
market so as to help the little fel-
lows in the business But when the
Oil executives got into trouble, the
court would not accept the explana-
tlon that what was done came as a
result Of Government requests. They
have now been convicted through
the efforts of the Justice Depart
ment.
Whim to Decide.
Mr.. Arnold doesn't want a repeti-
ton of that sort of thing now. He
Is represented as saying that in
cases where he does not feel justi-
fed in withholding prosecutions. he
Will ask the courts to enter consent
DEGREES" In other words, when it
suits the whim of a Government
official to prosecute. he will do SO.
but there is no telling when he will
change his mind and start a court
proceeding of some kind.
The answer to the problem. of
course, is for Congress to adopt a
brief amendment to the Sherman
law exempting any company from
prosecution if and when the Army
and Navy or any other govern
mental agency related to national
defense asks that action be taken
by competitors to speed up or other
wise effect production results.
Such an amendment could be
limited in duration to the period of
the emergency as proclaimed or
terminated by the President or it
could be limited to six months or a
year and renewed if necessary. The
point Is that any exemptions from
the antitrust laws for national de-
fense purposes ought to be a specific
matter Of law rather than discre-
tionary power by the prosecuting
arm of the Government.
Congress Can Pave Way.
There are many things of this
kind which Congress can do to pre-
pare the Nation for efficient pro-
ductive operations in industry. Con-
gress is being urged to stay on the
job this summer for just such tasks.
The Republicans have adopted a
resolution placing on record their
desire for a continuous session of
Congress. If the Democratic ma
lorlty forces an adjournment and
then an emergency arises which de-
mands prompt action by Congress,
the Republicans will be able to make
an issue of the mistake made by
the Democrats in forcing adjourn
ment.
The British Parliament recesses
from time to time and can be called
into session overnight. The differ
ence between Britain and America
is that only the President can sum-
mon the legislative body. The power
to call an extra session of Congress
Is vested by the Constitution only
in the Executive, and hence the en-
tire membership of both houses is
powerless to convene itself. The
President, it will be argued, hardly
would fail to heed the demand of
public opinion for an extra session
If an emergency arises, but the coun-
try feels more secure in a crisis when
Its chosen representatives are on the
job and can decide for themselves
what congressional authority should
be invoked.
May Prove Critical Months.
June, July, August and September
may prove to be the most critical in
the history of modern civilization.
Since May 10, when Holland and
Belgium were invaded, so many
things have happened inside the
United States and particularly in
Washington that it seems almost |
fantastic. Within a few weeks the
democracies of Europe have been
struck a blow that may prove fatal
to them. and the United States may
find itself without the protection of |
the British Fleet in the Atlantic and !
perhaps poWerless to withdraw the |
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