Evening star., 1942-09-24

with acts performed during war
that . great deal more objectivity
occurs in the calmer moments Of
q postwar period.
Literally hundreds Of millions OF
dollars OF payments for double time
or premium pay may be the subject
of litigation and employers may
find themselves saddled with judg-
ments involving enormous sums just
because the President has issued
an executive order of doubtful con-.
stitutionality which impairs exist
ing contracts between unions and
employers. -"
Many Of the leaders Of the ma
tional unions are sending word to
their locals not to take the initia-
tive in abrogating any contracts in
volvi1g double time or premium pay,
but to put the burden OF reopening
the contracts on employers or on
the Government.
Powers Under Question.
Most Of the union lawyers are
assuming that the President has
the right to impair their contracts
under his so-called war powers.
There Is, Of course. q difference Of
opinion on this point, for while
Congress by legislation may impair
private contracts, no such authority
has been delegated to the President
and none is inherent In his execu-
tive of1lce. -,-
When the famous gold clauses
were being argued after America
departed from the gold standard,
many persons thought even Con-
gress didn't have the right to I'm
pair private contracts There GER
tainly has been little support for
the theory that the President may
nuldfy private contracts without
previous sanction by Congress.
The new executive order which
calls for nullincation Of certain pro-
visions Of private contracts by oc-
tcber as they relate tc overtime
pay could BE- challenged through
damage suits, but It Is unlikely that
these would arise during the war.
Tho statute Of limitations in some
States would bar the .reopening Of
these matters, but there are several
States In which the statute does not
begin to bar law suits till three or
i've years have elapsed. -.
The principle is, Of course, vital
to the future Of union labor, because
II . President can at any time dur
ing war nullify contracts that exist
between an employer and q union,
he can order unions to do virtually
anything that he thinks they should
do II he only bases his action on 4
claim that it will aid the war.
No Automatic Powers.
The Constitution, of course, does
not grant to the President as Com
mander in Chief any new powers
during war that he does not possess
In peacetime. So If it is argued that
the Commander In Chief can, under
the Constitution. nullify private con-
tracts, then the way is opened for
him to do so during peacetime rs
wen-a point that would rise to
plague any Supreme Court If it up
held such action as being derived
from the Commander In Chiefs
powers over the military establish
ment.
The or.sy chance for the recent
executive orders to be validated
would be by act Of Congress, which
body alone possesses and may dele
gate war powers to the President.
The Presidents order is. scheduled
to go into effect on October l, and
1t may be that by that time Con-
gress- viii have delegated to the
President full power over wage pay
ments. >. The question might still
arise Is to indemnifying employers
who are subject to suits for back
pay, and the safest way to avoid the
issue would be for Congress to stipu-
late that wherever private contracts
conflict with the provisions of the
new wage control bill, the Federal
Government shall indemnify the
contractors against losses arising out
Of sections under State laws govern
ing private contract obligations.
The more the issue Of wage control
by the Federal Government is
studied, the more it becomes appar-
ent that q far-reaching step is be-
Ing taken now under the stress Of
war and with little thought to the
legal implications for the after the
war period.
Neproduetion Rishts Reserved)
Cnlnpad n Aold pnrnda