Glacier County chief. [volume] (Browning, Mont.) 1931-1940, 1940-09-20
& ZEN e RAJ
HUGH S.
jon N SON
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Timed Fssturu ySu s<nac,
COMMUNICATING POWER

NhOt1lNS Ills COluIIlD mas
hen so busy kibitzing about the con-
xription of men under the selective
yryice bill that it hasn't had much
Eace for kibitzing about the So
saled CONSUMPTION of industry" or
,ealth-the communicating pow
o" added to the Burke-Wadsworth
NJ
OF course, the whole idea of tack
b this provision on a selective serv-
re bill is pure political hokum. 1t
zss put there to enable COMPRESSION
b candidates for reelection to say
b their constituents:
q wouldn't vote for conscripting
nens lives until ! had insisted on
biting to conscript mems dollars"
The power to take over private
EOperty for public use is as old as
English law. 1t was called the law
eminent domain. 1t is practiced
lmost every day in peace time and
called the process of "condemna-
.Dn." The only real difference in
Jar is that it is called "comman-
herring"
Any important difference in the
opposed Legislation is only in the
rethod for determining whether the
sed is for public use." In both
zses court must determine what
nust be paid the owner for his prop
Cy. That must be SO because the
institution itself provides that pri-
ate property may never be taken
for public use without just COM
fnsation."
In peacetime condemnation the
rurt must adjudge both that the
opposed use is public" and what
ae compensation shall be. In this
opposed legislation, whether the
roperty is to be taken on a rental
2 ownership basis, the secretaries
4 war or navy can determine
neither the use is public" but it
s-as it must be-left to the courts
determine just compensation.
In time of war or times like these
here nearly every use in connec.
bon with armament is public, there
mt much to that distinction. The
aT is faulty, however, in vesting
ae Communicating power in the
no secretaries. 1t should be in the
resident. That is another lesson of
sl8 Both war and navy depart
rents frequently commandment the
ame supplies. President Wilson
haly Strengthened that out by re-
silrlng all communicating orders to
signed by the chairman of the
'ar Industries board.
apart from that, the Smith or sem
ie version of the Communicating
snendment is good. The objection
iSle circumstance is the nature of
De debate. There is no measure of
Just compensation" for a human
ne deliberately drafted into mill
ary service is not the donation of
Gything to the public. 1t is the
krormance of an obligation to the
public. "Just compensation" as re-
slred by the Constitution, for dol
n is dollar. On no sustainable
eeory do the two relationships stand
2 the same ground. Neither con-
Hmnation nor Communicating are,
Y the politicos like to say, conscrip-
non of wealth. It is electioneering
Ancombe.
Finally, as our World war expert
nee proved, while Commander
ns of some facilities like land,
aoeks, warehouses and supplies gen.
dally will frequently be necessary
convenient method of deter
nning price, the taking" of manu-
acturing plants for government op-
Patton very rarely happens-only
nee by the army at least in 1918.
The power to do SO is useful for
mat President Wilson called "a
iab behind the door" in negotiation.
ne practice of doing SO on a rental
fee-simple basis is useless and
necessary. The government has
either the personnel nor the ability
move in and operate private
dant. The war department, for ex-
nple, has all it can handle in fight
Eg a war. If government has, as
did have in 1918, priority powers
yer power, fuel, supply and trans
ortation, it has no need to take over
mans plant. If he doesn't behave,
can choke his operation to death
two weeks time-as we threat
fned to do few times in the old
var industries board.
The threat was always sufficient.
We never took over any plants. No
natter how you slice it, this con-
foversy is still boloney.
DRAFT LOTTERY
The next big news story on the
lonestic front will be the great ma
lonal draft lottery. In the Civil
Rar draft, names of young men in
zach county were written on sep
rate slips Of paper and put in jury
Rheel at the courthouse. The order in
fhich mems names came out was
be order Of their going. There was
b much chance for graft and fixing