Evening star., 1942-09-19

Ihe new oroer
Is issued without explanation to the
public as to the reasons for the re-
versal or change. But 1t develops
that instead of a fiat prohibition
of double time or premium pay for
the seventh day, this kind of COM
pensation will be permitted when
ever the Secretary Of Labor thinks
1t should. In other words, the
President has delegated the law
making function with respect to
wages to a member of his cabinet.
1t is interesting to note that the
new executive order does not pur-
port to derive power from the posi-
ton of commander in chief referred
to In the September order, but
says that 1t is issued 'by virtue Of
the authority vested in me by the
statutes"
Explanation Lacking.
No explanation has been issued
rs to what statutes give the Presi-
dent the right to fix wages or to
delegate to anybody else the right to
do So.
The new executive order appears
to have been issued as a sop to the
labor unions that doubtless pro-
tested. It makes the Federal Gov
eminent the Judge Of when the dou-
BE time or premium pay may be
paid, and no standard as to what
shall constitute the basis for COM
pensation is stated in the order. 1t
Is as plainly unlawful piece Of
administration as has been issued
by the New Deal in all its years Of
power, and any labor union that
sought to challenge 1t in the courts
or any individual who sought to re-
cover wages denied him would find
It not very difncult to make con-
stitutional case before an impartial
tribunal.
Order Defined.
The language Of the new order
makes Government agency-the
Department of Labor-the arbitrary
Judge OF when overtime payments
shall be made. 1t reads:
"In any industry or occupation in
which the Secretary of Labor finds
that q wage stabilization agree
ment approved by a Government
department or agency is operating
satisfactorily, or in any industry or
occupation in which the Secretary
tnds that the nature and exigencies
Of operations make such action nee
essary or advisable for the success
full prosecution of the war, the
Secretary may determine that any
or all provisions of this order shall
not apply to such industry or occu-
patton or to any classes Of employees
therein"
In other words, if q labor union
protests vigorously enough, It can
secure exemption from the order
and keep on charging double time
for the seventh day and even double
time for any or all holidays-con-
tradicting the terms of the original
order-just so long rs the Secretary
Of Labor thinks it's all right.
Secretary Unrestricted.
The Secretary is not accountable
to Congress for such exercise of
power. and there need be no stand
ards for the application of the order
excepting those which on the spur
of the moment might At the case
It seems curious that the Office Of
the President Of the United States
went to all the trouble Of writing
one order on September and then
taking 1t all back and changing the
system Just few days later. The
simplest way to have written the
order in the first place might have
been as follows:
"On and after October l, the
President will Ak any and all wages
in America as he pleases. union con-
tracts or agreements to the contrary
Notwithstanding, and he will dele
gate the power to anybody he
pleases."
This is a shorter form and con-
veys the meaning much more di-
rectly. 1t means that pressure
groups can apply their influence as
usual, and that's about what the
new executive order provides any,
way.
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