Evening star., 1941-07-23
Drafting Property

The bill authorizing the President
under certain conditions to requlSl-
ton private property for defense,
which has been passed by the Senate
and sent to the House. is a much
improved version of the original
legislation submitted by the War
Department.
In its present form, the bill spe-
cifically provides that the powers
conferred on the President shall ex-
pire on June 80, 1943. Furthermore,
three things must take place before
the President, having proclaimed
national emergency, can exercise the
powers given him. First, he must
determine that property to be re-
Questioned is necessary to defense.
Second, the need must be an i'm
mediate one that will not admit of
delay or resort to any other source
of supply. Third, all other means
of obtaining the use of the property
in question must have been eX-
hausted. When these conditions
have been met the legislation pro-
vides that the President, upon the
payment of fair and just compenSa-
e ton. may requiSition any military
or naval equipment, supplies or mu-
nitions, or component parts thereof,
or machinery, tools or materials
f0r
icing or operation of such equipment,
supplies or munitions"
That is a very sweeping grant of
power. although it is a considerable
modification of the original legiSla-
ton, which would have permitted the
seizure of property of any kind,
tangible or intangible, which is of
use directly or indirectly in any way
for national defense"
1t is significant that the Senate,
as the record of the debate diSCloSeS,
fully understood that it was grant
ing to the President an extraordinary
authority to strengthen the national
defense during an emergency which
is in existence now and which may
become more serious. From begin
ming to end, the record of the de-
bate reveals that the Senate voted
as it did only because of its belief
that the national interest is i'm
periled to an extent which justifieS
a legislative invasion of property
rights which would be unthinkable
In normal times.
1t is safe to assume that the great
majority of the American people,
who also believe that the national
interest is imperiled, will approve of
the Senates action in subordinating
normal property rights to the re-
ouirementS of national defense But
it is an equally safe assumption that
the great majority will have but
scant patience with any attempt
which may be made-noW that this
step has been taken with respect
to property-to contend that the
national interest is not imperiled in
connection with the proposal to pro-
long the service of SeleCteeS. National
Guardsmen and Reserve officers.
The Senate now has put itself on
record with respect to the existence
OF grave emergency so far as prop
erty is concerned. 1t cannot, with
consistency, integrity or safety, do
an about-face on the question of man
power for the Army, since the de-
mandS of modern war do not permit
of one rule for men and another for
property. Now that it has cleared
the way for assembling the ma
chinery of war, it would be a fam
tastic thing indeed for the Senate
to deprive the Army of the trained
men which it must have to operate
the machines Both branches of
Congress should proceed without de-
lay, in conformity with the provi-
sions of the Selective Service Act, to
proclaim specifically that the ma
tional interest is inperiled, thereby
making it possible to retain in Sery-
ice such numbers of the men now in
the Army as may be necessary to
insure the safety of the United
States.