Evening star., 1943-02-11
|CongressH Has
Been Showed
Aside Again
Wages and Hours
Still q Subject
For LEGISLATION
BY DAVID LAWRENCE,

Again Congress has been brushed
aside. Notwithstanding the fact
that the House and Senate are both
in session, the Executive has issued
law Of his own on the most vital
subject that affects the individual
In democracy-compulsory work.
Congress has delegated to the
Executive the power to draft men
for military service. but it has not
delegated the power over jobs ex-
cept within specific age limits
There is no lawful power to compel
employers to require 48 hours of
work of employees or else dismiss
them. There is no lawful power to
Regulate wages or hours except as
provided in the present 40-hour-
week law, and this does not compel
the operation of businesses on a 49-
hour week.
The purpose of the Executive ediCt
Is to conserve manpower. The OBJ
tective Is sound, but too often it is
argued that the lawmaking process
may be disregarded just because the
result to be obtained is beneficial
Even those who argue in favor of
lynchings contend that the accused,
being guilty, should be punished
anyhow and they should not wait
for lawful processes.
Congress to Blame.
The principle of accomplishing
wartime obiectives by diSregarding
the Congress and the laws of the
land Is growing constantly more
end more in the procedure of the
administration. Congress is mostly
to blame because it doesn't assert
Its prerogatives. If the administra-
ton can fix the work week at 48
hours and specify rates of pay, then
1t can do anything it pleases with
anybody in wartime.
This is not the American system
Of government under the Consti-
tuition as written or as interpreted
by Supreme Court decisions which
insist that war powers do not arise
Inherently in the Chief Executives
off1ce, but are to be exercised by
him only as they are delegated by
Congress. And the courts have
said that Congress alone can pre-
scribe the standards for regulations
and indicate the limits within
which the Executive can go.
The Congress has many bills be-
fore 1t relating to the manpoWer
problem, but the administration
has not urged their passage The
practice seems to have grown up to
essert any powers deemed necessary
by the administration and bypass
Congress altogether.
The scheme used is. indirect
Pressures are exerted in round
about ways. Thus there is law
to select manpower for military
service and law to defer individuals
IN needed occupations. Acting
under that subterfuge, the admin
istration now insists that it can
say what are essential or nom
essential industries or businesses
and that any business which doesn't
work its employees 48 hours and pay
time and a half above 40 hours
may find itself penalized if it has
any essential employees. This means
that in order to retain a few valu-
able employees an employer must
work the women employees 48 hours
and give them virtually a 80 per
cent increase in wages to boot.
Biggest Wage Boost.
The device amounts to the big
gest single wage increase since the
war began and 1t would be inter-
estlng to learn how the administra-
ton reasons that an increase in
purchasing power and pay enve-
lopes prevents imitation. It does the
opposite. It makes billions of COL
lars more available for purchasing
commodities, many of which are
already scarce.
If the executive agencies had
confined themselves wholly to Gov
ernment contracts, the power to
require 48-hour week or specified
rates of pay could easily be defended
as lawful. Indeed, there would be
some sense TO the idea Of paving
higher wages in war industries as
means OF attracting employees but
the new edict is being applied in
socalled shortage areas in such a
way that employers will hold their
valuable employees, work them az
hours week, pay them the 80 per
cent increase and let out the ineffi-
clent, who probably will find il
harder to get Jobs in war industries
because they will not be recognized
as the best employees. Likewise if