Evening star., 1942-09-15

zation. 1t sets
up no standards So
for the guidance David Lawrence.
of executive agencies which, of
course, will administer the terms of
the resolution in behalf of the Presi-
dent, and it gives the Chief Execu-
tive power to nullify at will acts of
Congress.
The second section reads:
The President may, from time to
time, promulgate such regulations as
may be necessary and proper to
carry out any of the provisions of
this joint resolution through such
department, agency or officer as he
shall direct, and may suspend any
provisions of law relating to the
establishment or maintenance of
prices, wages or salaries which are
inconsistent with the purposes of
Joint this resolution"
Raises Various Questions.
Does this mean that any subordi-
nate official-and there are dozens Of
them acting under power dele
gated by the President and never
reviewed by him-can determine
what statutory provisions can be
ignored.
Does it mean that there is no
power of review in any court when
the citizens property is taken from
him? Does it mean that salary or
wage changes can be made retro
active to any date chosen by the
President even though the 'resolu-
tion says that stabilization of prices,
wages and salaries shall, so far as
practicable" be at the levels of
August IS, 1912?
Section would give the President
the right ito adjust wages or sal
aries" downward ito the extent he
fnds it necessary to correct gross
inequities."
What are inequities? Political
nequities? Glass inequities? The kind
of ineauities referred to by the Presi-
dent in various political speeches
utterances?
The word already has been abused
by the War Labor Board, which. in
the interest of correcting 'inequities"
and "substandard" wage levels, found
it necessary to raise wages where
certain unions were vociferous in
their demands. The same reasoning
could upset the salaries of executives
by a downward revision at the will
of the Executive, even where no war
contracts are involved, because there
Is no definition or demarcation of
war work and work indirectly related
to the prosecution of the war.
War Powers in Congress.
There is a good deal of confusion
here about the exercise of war
powers. Too many people think the
Executive possesses war powers. Con-
gress alone possesses war powers. In
the executive order issued last week
forbidding double time on holidays,
e1e White House used this language: !:
by virtue of the authority vested
h me by the Constitution and the
statutes, as President of the United
States and as commander in chief
Of the Army and Navy, it is hereby
ordered, ETC."
The commander in chief title is
m operating function relating to
military activities and by no stretch
Df the imagination can it be made
10 cover civilian life as such. Regula-
eion Of wages In industry is a civilian
activity.
Lately there has been considerable
protest at the idea that the military
would take over civilian life and ii
has come from New Dealers. too
Yet here is the President asserting
chat as commander in chief of tn.
Army and Navy he has powers owe,
wages. The best definition of wal
powers is that contained in the
Columbia University lectures or
constitutional power delivered b,
the late Justice George Sutherland
Of the Supreme Court. He said:
The Constitution confers no wa
powers upon the President as such
Whatever war powers be possesse
under the Constitution-that is
without legislative authority-h
has, not because he is President
but because he is commander il
chief. As commander in chief h
has no greater or additional powe
because he is also President. Thi
is distinction which has been fre
quently overlooked and because no
always borne in mind has led t
much confusion of thought"
Restrained in Delegation Powers.
Congress alone can declare wa
and Congress alone must "provid
for the common defense" 1t ca
delegate some of these war power
to the President as an admins
trative matter. but the commando
In chief function is strictly a ma
ter OF military and naval operation
in which Congress cannot interfer
When Congress delegates ws
MOWERS IL is still constitutional |
restrained and so is the Executiv
by the customary inhibitions place
by the courts on delegation
power. If Congress wishes to deli
gate legislative power to contr
prices or wages, it must prescril
the standards and state their limi
or some day some Supreme Cou
will decide the power was exercise