Evening star., 1944-05-26
Ward Seizure
Denounced in
Senate Report
Findings Challenge
BiddIe's Ruling on
Presidents Powers
BY ]. A. O'LEARY.

Governments handling of the
Montgomery Ward labor dispute,
which ended in Army seizure of
the company's Chicago property
April 26, was filed with the Sen
ate Judiciary Committee today
by a special subcommittee head
ed by Chairman McCarran,
Democrat, of Nevada.
The subcommittee challenged
Attorney General Biddle's doctrine
that the President possesses an
aggregate of powers" which JUS
titled the seizure, contended the
War Labor Board should have sought
court order to enforce its ruling
in the Ward case, and that the
Secretary of Commerce should have
called in troops only as last resort
'Not the Last Resort"
"That it was not the last resort is
shown by the fact that on April 81,
1914, the Government instituted
proceedings in the Federal District
Court at Chicago. ILL.,, seeking a
temporary restraining order and a
mandatory injunction to compel
company officials to comply with the
executive order" the subcommittee
report concluded.
Before the court handed down a
decision, arrangements were made
for new election among Ward
employees, and on the day of the
balloting the Government withdrew
from possession of the property.
The court then decided the ques-
tions involved in the petition for
injunction were moot and dismissed
the petition without prejudice.
The House investigators, headed
by Representative Ramspeck. DEM
ocrat, of Georgia, has adjourned its
hearings until June 6, when Sewell
Avery, Ward chairman, will be
questioned. After a week of testi-
mony, Chairman Ramspeck said to-
day his position is unchanged, that
I don't approve of their (Ward's)
conduct in defying the Government
in time of war"
Couched IN strong language, the
Senate report declares the ATTORNEY
Generals letter to the President a
few days before the seizure contains
erroneous, misleading, irrelevant
and immaterial statements and al
legations which have tended to con-
fuse rather than to clarity the facts
in the minds of the people of the
United States"
Three Recommendations.
The subcommittee followed up its
discussion of the Montgomery Ward
case with these three recommended
tions:
Il. That hearings be held by the
appropriate Senate committee to de-
termlne Cd whether it, would be
advisable for the Congress to amend
the War Labor Disputes Act, or the
National Selective Training and
Service Act of 1910, as amended. to
provide for the enforcement of War
Labor Board directive orders by
Federal Court action upon petitions
filed in the Federal Courts by the
War Labor Board; CD whether it
would be advisable for the Congress
to amend the War Labor Disputes
Act to provide for judicial review
OF orders of the War Labor Board
and go whether it would be advis-
able for the Congress to enact legis-
lation providing a priority for
judicial processes and decisions in
volving appeals from, or endorse
ment of, War Labor Board orders.
%. That every department and
agency of the Government con-
cerned with labor relations should
meticulously avoid merely pro forma
findings and should make certain ir
every case that there are in its rec
ords facts to support every finding
which it makes in accordance with
law, and that each order is basec
on law.
"3. That in the future each ex.
ecutive order issued by the President
of the United States should contain
specific citations by number of al
sections of the Constitution Of the
United States and the various acts
of Congress upon which the Presi.
dent is relying for the statutory anC
constitutional authority to issue the
executive order"
"Dilatory Tactics" Hit.
The subcommittee accuses the Ma
tional Labor Relations Board o
"dilatory tactics" in not ordering
the new election among Ward EN-
ployes until May 2, after seizure o
the plant, on petition filed Febru
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