Evening star., 1944-05-25
BiddIe's Theory Seen
As d Novel Departure

As d Novel Departure
Legal Opinions Are Declared
Given to Justify DEGREES
By David Laurence
Attorney General Biddle's conception
Of his duties as Attorney General
namely, to advise the President and let
the courts or Congress correct his ac-
tions-is rather novel.
Hitherto the Attorney General. as
chief legal adviser Of the President, has
endeavored TO construe the law on the
basis Of precedsnts. He has tried TO
tell what the law u, and not what he
would like 1t to be or what 1t should be.
Under the present administration,
however, which believes In q govern
msnt Of men rather than of laws. ti,e
Attorney General becomes political
tool Of the President. He renders so
called legal opinions" which are merely
the policy Qualifications for administra-
tive decrees. The Department Of Jus
ttce, therefore. may no longer be looked
on ~ the agency that attempts to con-
strue the law IS between the citizen
and his Government. This is most un-
fortunate, since for many years the
conception has prevailed In American
history that. while the Department of
Justice would prosecute law offenders,
1t would not endeayor to stretch the
law to enable the administration to
carry out It's political programs.
There Is significant episode in which
an Assistant Attorney General figured
in the last few years. A certain opinion
was requested by the White House. and
1t was rendered by the Assistant At
torney General In question. The word
came back to him from an associate 10
this effect: THAT may be a good legal
opinion. but that is not what the Presi-
dent wants"
Strange State Of Affairs.
When Mr.. Biddle testified before the
House committee investigating the seis-
urs Of the Montgomery Ward property
he said that he did not trust the United
States narshals to preserve order and
carry out the terms Of the seizure order.
ana hence he called in the Army, This
u q rather strange state of affairs, be-
cause the United States marshals are
appointtve officers under the Federal
Government. whenever the United
States marshals are not able to execute
law . request Is usually made to the
Secretary of War, but In this instance,
apparently. the Attorney General or
dered the troops on the spot There is
no record either that the United States
marshals in the Ward case have been
removed because Of their alleged in
capacity.
II the Attorney General can, on hi.
own initiative, decide that the United
States marshals in any district of this
country are not qualified to execute the
civil laws, and II he can call in the
Army at any time simply because he
himself does not feel confidence In the
marshals, then an entirely new situa-
ton has been uncovered which is wholly
inconsistent with customary practice in
the operation Of civil law.
Too many people, including the At.
torney General, apparently believe that
the President, as Commander in Chief
OF the Army and Navy, ID In reality a
dictator. While the Constitution vests
the power over the Army and Navy In
the President, It does not vest In him
any rights over the civilian ECONOMY
which are not delegated by Congress
All laws giving what are known as .swar
powers" are specific in nature and del
egate to the President what he may or
may not do under those war powers. {"
There is no basis for the theory. 50
often advanced by people unfamiliar
with constitutional practice, that dur
Ing time Of war tho President Is supreme
because he happens TO hold the title of
commander In Chief Of the Army and
Navy"
War Powers Delegated.
There u, Of course, no such thing in
the Constitution as Commander In
Chief of the Army and Navy In war
time" The title Is Commander in
Chief OF the Army and Navy" and 1t
applies to peacetime as well as war
time. The only war powers which the
Commander in Chief acquires during
wartime are those which are delegated
to him by Congress in connection with
the actual conduct Of the war. This is
all written out in the law books on
constitutional practice.
Much will be heard about the title
commander in Chief" during the com
ing campaign. Already there are many
people who insist that they must stand
by" Mr.. Roosevelt because he is Com
mander IN Chief of the Army and Navy. I"
There Is no such political oflcs a
Commander in Chief" If Mr.. Roose-
velt Is nominated for fourth term he
will run for . civilian ONCE and not a
military Office, and he will not ACQUIRE
the powers Of Commander in Chief
again unless he is elected to the presi-
dency next time.
America could operate as a military
dictatorship if the people wished il. but
they must say so through their Con-
gress. The exercise of dictatoriai DOW
ers on any other basis Is a usurpation
of power.
The statement that the Department
OF Justice takes a chance on the law
and waits on the courts or Congress to
correct its arbitrary action Is an amaz-
ing one and merely serves to emphasize
the TACT that public officials may vio-
late the law with tmpunity, whereas q
citizen who violates the law must pay
the full penalty prescribed by the law