The Waterbury Democrat., 1940-09-03
Congressman Smith
 Amends Defense Act
Ccontinued From Page D

cooperation between the manu- facturers, workers and govern ment. Assuming, however, as most of the senate does, that there will be instances which re- uuire compulsion of industry by the government, the method which is now provided, for time of war or when war is imminent by ex- 1sting law-Sec. 120 of the Na- tional Defense Act of 1916 as amended is a sounder method than that of the senate amend Inent in many respects.
 The senate amendment would authorize seizure of press, radio and educational institutions un- der the term facilities. Certain ly this is neither desirable nor intended.
 Authorizes Seizure
 The senate amendment would place plants and facilities in the ownership of the federal govern rnent, leaving until some indefinite time in the future the question of whether they would be disposed of when the emergency ends to pri- vate owners, - the former owners or others or whether they would be run permanently by the government. This might not be so great 8 problem if all plants useful for making munitions were always operated solely for that purpose. We all know, however, that a munitions industry as such is, virtually non- existent in this country. To meet our needs to- day we must convert plants or parts of plants from peacetime uses to the manufacture of the engines of war. When peace comes to the world and large scale prep aration for our defense against attack is no longer necessary those plants or parts thereof which have been turned to war work should be able to return to peacetine production, of automo- biIeS, sewing machines, radios, plumbing fixtures, etc., with the least possible dislocation.
 The provisions of the Nationa! Defense Act are better adapted to that result than the senate amendment.
 @The freedom of the press, ra- did and education are protected. No such ambiguous term as .facil- ity' is used.
 "A more orderly procedure is provided.
 q. Normal methods of procure mGnt of needed materials and equipment are continued.
 go If necessary to supplement normal procedure, compulsory or- detS may be placed with any manufacturer.
 8. Stiff penalties Cup to yearB and $50,000) are provided for refusal to accept a reasonable or- der.
 A. Plants may be taken over and run by or for the government during the period of the emer- gency, subject to payment for ma terials used and reasonable rental for the plant.
 Tested In Courts
 9The provisions of Section 120 nave already been tested in the courts. We should not hastily abandon a method which will reach our objective surely and swiftly, to embark on a method so loaded with dangers to our fu- tlre freedom. We would accept censorship in time of war. I sub- init, however, that no necessity has been shown for destruction of freedon of speech and the press in order to hasten the preparation of our defense.
 The present methods of pro- clrement should prove adequate. The placing in effect of Section l20 of the defense act, during the period of our rearmament, will provide a tested method of ap- plying compulsion if present methods should falter.
 It would protect the freedom of the press from the implications of the Senate Amendment and would provide for the return of industry to private ownership when the emergency is over.
 The provisions of Section 120 adapted to the present situation afe as follows:
 @The President is empowered, through the head of the War De- partment or the Navy Department of the government, to place an order with any individual, firm, association, company, corporation, or organized manufacturing in- dustry for such product or mate rial as may be required, and which iS of the nature and kind usually produced or capable of being pro- duced by such individual, firm, company, association, corpora ti0n, or organized manufacturing industry.
 ~ Takes Precedence
 sCompliance with all such or- ders for products or material shall De obligatory on any individual, firm. association, company, cor- puration, or organized manufac- turing industry or the responsible head or heads thereof and shall take precedence over all other or- ders and contracts heretofore placed with such individual, firm, company, association, corporation, or organized manufacturing in- GNgtry, and any individual, firm, association, company, corporation, Of organized manufacturing in- dustry or the responsible head or heads thereof owning or operat- ing any plant equipped for the manufacture of arms or ammuni- ton or parts of ammunition, or any necessary supplies or equip n1ent for the Army or Navy, and any individual, firm, association, company, corporation, or organ ized manufacturing industry or tNs responsible head or heads