Evening star., 1943-04-20

settled the point
that Jail penal David Lawrence.
ties cannot be imposed on citizens
for violating a Government "regu-
lation" unless that regulation stems
specifically from the language of
the statute itself. And there is
nothing in the law of October 2,
1912, which gives any governmental
agency the power to prevent an
employe from taking Job or an
employer from hiring a new en-
ploye. The act of October 2, 1912,
on which the President bases his
Executive order, is concerned solely
with rates Of compensation and the
stabilizing OF wages and salaries
and prices.
If inference and implication can
be stretched to the point of includ-
Ing control over hiring itself, just
because there is control over wage
rates paid, then at any time the
President by decree can prohibit
the right to strike, the right to quit
. Job for any reason, and can abol-
lsh any Of the other privileges of
the citizen Of free democracy.
War No Excuse.
The excuse that this Is war" does
not hold because if it be accepted
there would be no further need in
wartime for Congress or the courts
to function, and all power would
be considered as vested then in the
Executive. America thereby would
be initiating totalitarianism while
at the same time telling millions
of American boys overseas that
they were making their sacrifices
TO preserve the -Four Freedoms"
The paramount freedom is the
right Of the people to be governed
by their legislative body. II Con-
gress wishes to put the lives and
jobs of all civilians under the con-
troll of the Executive, this can be
done lawfully and constitutionally-
and it may be necessary to do it
under some legislation such as the
national service bill, now pending.
This may be an onerous law but
1t Is only one of the many things
which war may compel democracy
to adopt. To permit the Executive.
however, to uSurp the functions of
the legislative branch of the Gov
ernment is to dishearten all free
men and to make Shambles Of
the professions Of high purpose for
which the people are asked to make
sacrifices.
80 Sharp Sighted Policy.
Why isn't the manpower problem
handled by basic legislation? Be-
cause the President fears-though
mlstakenly-that Congress will not
pass the desired law. Why does he
Tear 1t? Because Representatives of
organized labor have protested? But
d the AFL and the CIO think they
IRE preserving labor's rights by
building up the power of the Execu-
tive and by passing the elected
body Of the people, they are slowly
but surely committing suicide.
That was the way management
and labor alike were mislead abroad
and 1t Is a sad commentary or
labor's leadership in America today
chat 1t can sit by and let an Execu-
tive order threaten to put free
Americans into jail for changing
& from one job to another.
Americans have prided themselve.
that organized democracy could wir
this war against totalitarianism ane
still conform to the processes ot
Government in free democracy
But the Presidents salary Limitation
order last October, which Congress.
subsequently removed and then re.
wrote in the proper legislative way
and now the manpower order prov.
that the present Executive doe.
not believe in asking for legislation
He evidently prefers to run the wa,
BY Executive orders and by adroitly
phrased regulations purporting te
have legal backing but actually is.
sued in direct violation of a Ions
series of decisions of the Supreme
Court.
Opinion Bans Penalties.
Attention was called recently II
these dispatches to formal opinion
Of the Attorney General issued {
few years ago under the present ad.
ministration declaring that crimina
penalties cannot be invoked a,
punishment for violation of regula,
tions that do not emanate strictl,
from the wording of the law, ane
that indirection and implication ar,
not a lawful basis for such punish.
ments.
1t should not be necessary to tricl
The American people with unwar,
jectives - manpower conservation
can be achieved by specific legisla,
,~tion. Also, the need for manpowe,
legislation has been avowed by tn,
heads Of the War and Navy Depart.
2ments and by citizen groups fo
many months.
Why has the President declined
All along to use his leadership t.
recommend such legislation to Con.
gress? Why does he prefer to wal
still situation becomes acute anc
then issue q decree like the head,
sof totalitarian states dop Mayb,
the President wants the Nation t,
believe that Congress is unco-opera.
tive and hence superfluous.
:. The rest of us have more con,
ndenoe In Congress and more pa.
tence with democratic processes.
Reproduction RIGHTS Hsverse6)