The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1944-05-02
direct violation of article five of tn
Bill of Fights"

Bill of Rights"
Smith added that unusual times
may call for the exercise of other
wise latent powers, "but by the same
token, in such times the protection
of constitution guarantees is indis-
penSable to the preservation of a
free people"
The Smith Connally act, Smith
said, confers upon the executive the
extraordinary power Of seizure OF
private property in certain circum-
stances without resort to the nor
NAL processes of law.
'But the very language which
confers this unusual power specific
ally confines 1t to a plant, mine, OF
facility equipped for the manufac-
ture, production, or mining of any
articles or materials which may be
required for the war effort or which
may be useful in connection there
with" Smith said. .......
This is not case where an un-
limited or blanket power has been
conferred upon the executive by
constitutional or statutory provision
On the contrary, the statute which
generates power, at the same time
and with good reason circumscribes
Its extent and exercise.
IF congress had intended to SUBJ
Ject the entire economy Of the coun-
trS to seizure by presidential proc
!amatton, if it had intended to sub.
Ject all civilian business and prop
erty to presidential fiat, that inten-
pressed"
At the conclusion of Smiths ar
guments, Judge Holly was expected
70 take the case under ADJUSTMENT
PTenminary arguments in the
court battle were heard YESTERDAY
wnen government attorneys, headed
oy Attorney General Francis Biddle
presented aftidavitS from heads nj
government agencies as evidence
tnat Wards was operating an essen.
tlaI wartime business and Preshient
Roosevelt was acting legally wher
ne ordered the plant seized for fail.
ure to obey War Labor Board di.
receives.
Affidavits were offered from Mar.
vim Jones, war food administrator
William H. Davis. chairman of tn,
WLB; Clifton E. Mack. chief of tn,
U. S. procurement division, any
from the War Production Board.
Biddle contended in his argu
ments that the president has
great reserve of constitutional DOW
err"
The president, clearly has tn
power to take the action he too
there" he said.
Reading from his brief, Biddl
told the court:
I'm time OF war the presider
had the power to take possession c
the property OF citizens when re
quired for prosecution of the wal
subject, of course, to the require
menth of the fifth amendment tina
fair compensation be paid for IN
taking and use of the property.
mo business or property that
essential to the conduct OF the wa
Is immune from the exercise of tina
power. subject again to the require
ment of fair compensation by tn
fifth amendment.
I'm time of war, the courts wi
not substitute their judgment fo
that Of the president or review hi
determination as TO the gravity c
the emergency or the necessity c
the taking of the particular proper
ty."
Harold Smith, attorney for tn
company, continued along the lin
Of his previous arguments, contend
ing that the SMITH Connaly anti
strike act specifically excludes tn
distributors OF goods and limits tn
presidents power OF seizure TO firm
engaged In mining, manufacturing
or producing" war materials.
Washington, May 2-(UP)-Epea
er Sam Rayburn said today that tn
Dewey resolution for appointment
Of special seven-man committe
4 ~ eAtNAHA4RAb@ hAAE nRFNhsfsfe+fsN
seizure OF Montgomery Ward a. ca
would be taken up IN the Hous
Thursday or Friday.
Chairman Adolph J. SABBATH, ID
Ill, Of the House rules COMMITTEES
who heretofore had fought the reso
luton, said II think II viii be
good chance for the administration
TO show Us side OF the case an
prove It's point"
There were indications from Hous
leaders, meanwhile, that the reso
luton probably would be approved
The committee II would authoriz
would be composed Of four Demo
Gratis and three Republicans, to b
appointed by the speaker.
The resolution was drawn by Rel
Charles s. Dewey, r.. ILL.,, and ha
been heavily supported BY Republi
cans and anfi-New Deal Democrats
A few moments after SABBATH re
fl0Fkad the FnN&Ttition r. the Fnffaf