Evening star., 1944-04-27
Several War Laws
Back Ward Seizure,
BiddIe Opinion Says

BiddIe Opinion Says
President Roosevelt based tn
Montgomery Ward 81 Co. seizur
order on an opinion by Attorne.
General Biddle which said tn,
powers and authority granted tn,
President under the Constitution
and laws of the country empowered
him to act.
Amplifying, Mr.. Biddle specified
Section 8 of the Antistrike Act ane
IAN aggregate of powers" derived
from the Constitution and variou!
laws enacted for the purpose o.
carrying on the war;" as supporting
the seizure.
Provisions of Law.
Section of the Antistrike Act
provides for Government seizure ano
operation of "auy plant, mine or fa-
cility equipped for the manufacture
production or mining of any articles
or materials which may be required
for the war effort or which may be
used in connection herewith
1t adds:
"Such power and authority may
be exercised by the President
through such department or agency
of the Government as he may desig-
nate, and may be exercised with re-
spect to any such plant, mine or IA
cility whenever the President finds
after investigation, and proclams
that there is an interruption of the
operation of such plant, mine or IA
cility as a result of strike or Other
labor disturbance, that the war ef-
fort will be unduly impeded or de-
layed by such interruption, and that
the exercise of such power and au-
thority is necessary to insure the
operation of such plant, mine or IA
cility in the interest of the war ef-
fort. 3"
Other Powers Mentioned.
Even without Section 3, the
President still had the power to
act, Mr.. Biddle said, asserting the
aggregate of powers" vested in the
President as commander in chief
includes authority to take reason
able, steps to prevent Nation wide
labor disturbances that threaten to
interfere seriously" with the con-
duct of the war.
'The fact that the initial impact
of these disturbances is on the pro-
duction or distribution of essential
civilian goods is not a reason for
denying the Chief Executive and
the commander in chief of the Army
and Navy the power to take steps to
protect the Nations war effort, ~
Mr.. Biddle said. TN modern war
the maintenance of a healthy, or
derly and stable civilian economy
is essential to successful military
effort"
In this connection, the order
stressed the large business done by
the company in farm supplies.
Issues Declared Broad.
Suggesting that issues involved
are broader than simply the Chicago
conditions covered in the Presidents
executive order, Mr.. Biddle noted
that the War Labor Board had
issued four orders for labor disputes
arising in plants of Montgomery
Ward at Oakland, Calf; Portland,
Greg; Denver, Colo; Detroit, Mich;
Jamaica, N. Y, and in the plant and
facilities of Hummer Manufacturing
Coz at Springfield, Ill. Hummer is
a division. Of Montgomery Ward.
Mr.. Biddle said that the COM
pany had refused to accept or to
comply with" any of the four
orders involving those disputes.
. THE War Labor Board states" :"
he continued, esThat sthea company's
refusals to accept the
orders of the board and the re-
curing disputes between the COM
pany and its employees threaten to
impair or break down the machin-
cry for the peaceful and orderly
adjustment Of wartime labor dis
putes established by the Congress
In the War Labor Disputes Act"
Conclusions Drawn.
"In my opinion" he declared at
point, "the facts that have
been Summarized justify the follow
ing conclusions:
"G) Montgomery Ward & Co is
in activities of a kind that
are essential to the maintenance OF
our war economy An interruption
or stoppage of the company's activi-
ties would have serious adverse
effect upon the war effort.
"(2) There is a real and present
danger that the labor dispute that
Is now interrupting the operations
of the plants and facilities of the
company in Chicago may extend
throughout the Nation and inter-
rupt the operations of other plants
and facilities of the company. There
is an equally real and present dam
ger that the dispute will breed other
labor controversies that will inter-
rupt the operations of plants and
facilities of other companies, both in
the Chicago area and elsewhere,
that are engaged in making or dis
tributing goods or performing serv-
ices that are essential to the war
effort.
"(3) There is now no reason to
expect that the disputes between the
company and its employees in Chica-
go and elsewhere in the United
States will be settled promptly and
peacefully either by agreement or
by the machinery that Congress has
set up in the War Labor Disputes
Act"
Taylor Named as Agent.
In a letter TO Chairman Sewell
Avery OF Montgomery Ward advising
him Of the seizure and expressing
the hope that the company would
cooperate in Government opera
ton, Secretary of Commerce Jones
announced the appointment of Un-
dersecretary Myron C. Taylor as his
agent, and said:
Subject to such instruction as
may be issued by Mr.. Taylor, the
ordinary operating staff members of
Montgomery Ward & Co., including
all pmnl0ypS are ratainad II, thojr