Evening star., 1944-04-27

CHICAGO.-AS TROOPS TOO
side the Montgomery. Ward pl
President Roose elt's order to |
Montgomery Ward
CONTINUED From First Page.)
and Robert S. Smith, assistant
treasurers.
Montgomery Ward stock advanced
a bit early in the cay. Stockholders
were scheduled to meet tomorrow
and Ward spokesman said Mr..
Avery was scheduled to preside.
Mr.. Biddle, Mr.. Taylor and Ugo
Carusi, executive assistant to Mr..
Biddle, arrived at the firms head
quarters at 7:45 am. and went to
Mr.. Avery's office.
Statement Issued.
Mr.. Taylor distributed a state
ment to officials of the firm which
made the following points:
The Government is in possession
of the concerns Chicago units. Mr..
Taylor is the operating manager for
the Government. All employees are
to perform their usual duties and to
comply with President Roosevelt's
order. The American flag is to be
flown on each building. Books are
to be set up for the period of Fed
eral control.
Soldiers with bayonetted rifles
patrolled the administration build
ing offices and the entrance to the
retail store, shooing out reporters,
although company spokesman said
press quarters would be made avail
able later.
Rebuffed by Avery.
Twice yesterday officials of the
Commerce Department and the At
torney Generals office took steps
to take possession of the plant, but
on boths occasions they failed when
Mr.. Avery refused to recognize their
authority, contending the seizure
was illegal. He had advised Mr..
Roosevelt in q telegram that the
company was not engaged in war
work and seizure by any Federal
official would be unconstitutional.
Mr.. Avery, confronted by Govern
ment officials and the head of the
troops, reiterated his contention that
the proceedings were without legal
authority. However, he left after
being advised by the officials that
the place was IN Government pos
session.
Mr.. Taylor said he had advised
Mr.. Avery in his third and final
attempt to gain possession, that
business would proceed as Usual at
the plant, which employs approxi-
mately 9,000,. of whom $500 are
claimed as members by the CIO
union involved in the dispute.
Seizure Not Recognized.
A company spokesman later said
the management did not recognize
the legality of the seizure.
Mr.. Avery just went home at the
end of his business day." the spokes-
man said in commenting on the
chief executive officer leaving the
plant after arrival of the troops.
1T does not mean that he recognizes
the Government is now in possession
OF the company's properties"
A meeting of the Board of Direc-
tors Is scheduled for tomorrow, but
it was not announced whether it will
be held.
President Cites Authority.
In Washington, President Roose-
welt, issuing the seizure order, said
he based his right to seize the plant
on the powers and authority granted
the President under the Constitution
and laws of the country. The Gov
ernment, In several labor cases be-
tween the company and union, has
taken over war plants when settle
ment failed. The President cited an
opinion by Attorney General Biddle
to bolster the order.
Mr.. Avery's initial refusal to obey
the Presidents order came when
Mr.. Taylor and Mr.. Carusi presented
the Chief Executives order.
After comforting by telephone with
Secretary Jones, they returned later
with Federal Marshal William Nc
Donnell and II deputies. But again
Mr.. Avery challenged their author
Iity.
Instructed not to use force to take
possession, the Federal officials took
another method of fulfilling their
orders and troops were called in
from nearby Camp Skokie Valley at
the direction Of Brig. Gen. John F.
Davis of the 9Th Service Command.
No Incidents at Plant.
There was no untoward incident
at the plant on arrival of the troops,
numbering about 35. A few boos and
some cheers came from a crowd of
500 assembled in the street.
Mr.. Avery's labor disputes with the
President and the CIO extends over
a twe-year period. The current con-
troversy follows 12-day strike by
an undetermined number of en-
ployes in the mail order division. At
the request of President Roosevelt,
Mr.. Avery in December, 1912, signed
the original contract with the union,
the United Mail Order, Warehouse
and Retail Employees.
At expiration last December 8 the
management contended the CIO no
longer represented a majority of the
employees. The WLB's order that the
company continue the contract
pending an election was rejected
and last April IL the CIO unionists
went out on strike. However, they
returned Tuesday, acceding to Presi-
dent Roosevelt's request.
Henry B. Anderson, president OF
the unions Local 20. said in a state
ment last night that "our union
considers the action Of President
Roosevelt decisive defeat for those
reactionary industrialists who had
hopes of using the war emergency as
means of destroying those govern
mental agencies set up to maintain
and preserve order by democratic
processes. *"*
| Now that new management is
at the head of Montgomery Ward