Evening star., 1944-04-28
Court Battle 10 Void
Injunction Opened
By Montgomery Ward
Firms Officials Barred
From Building on
ToyIor's Orders
Ey the Associated Press.


CHICAGO, April 2S.-Mont-
gomery Ward g. Co. began a legal
fight today against Government
control Of its Chicago facilities
shortly after two of the firms
executives - Board Chairman
Sewell Avery and President
Clement D. Ryan - were barred
from their offices.
Undersecretary of Commerce
Wayne C. Taylor, Federal operating
manager of the properties, reported
soldiers patroling the buildings had
been instructed to keep the two men
out on grounds that they "have re-
fused to cooperate with the Gov
ernment."
Company counsel then asked Fed
eral Judge William H. Holly to dis.
miss an injunction obtained late last
night by Attorney General Biddle
restraining Ward executives from
interfering with Government opera
ton of the plant.
AAAS AC6hA dtedlh WdS UdSCO
part on the contention that seizure
Of the properties in keeping with
an order from President Roosevelt
was unconstitutional.
After listening to arguments by
the firms attorneys and Mr.. Biddle,
the judge announced he would hear
further pleas Monday and probably
would render decision Tuesday.
Stress N0nwar Aspect.
The Ward attorneys also stressed
the contention that the concern was
not engaged in war production.
The jurist ordered an immediate
hearing and subpoenaed Mr.. Taylor
for testimony in litigation stem
ming from Mr.. Avery's refusal to
extend an expired contract with a
CIO union as he had been directed
by the War Labor Board and the
White House. The case was widely
watched as a gauge of WLB and
presidential powers.
George Christensen, a Ward at
torney, claimed the seizure of the
company facilities violated the
fourth and fifth amendments to the
Constitution, and that allegations in
the complaint. filed by Mr.. Biddle
were false. The Ward petition added
that the properties "do not consti-
tute any plant, mine or facility
equipped for manufacture, produc-
ton or mining of any articles or ma
terials which may be required for
the war effort"
Unionists Meet With Taylor.
officials of the union involved
the CLIO United Mail Order, Ware
house and Retail Employees, dis
closed they had begun conferences
with the new management"-rep
resented by Mr.. Taylor and Mr.
Biddle-on steps to put into effect
WLB orders calling for extension OF
the contract and it's disputed provi-
SionS for maintenance of union
membership, dues checkoff, seniority
rights, grievance machinery and ar
bitration of disputes.
Samuel Wolchok, internationa.
union president; Leonard Levy, in
ternational vice president; Henry B
Anderson, president of Local 20, ano
Frencis Heisler, the locals attorney
conferred with Mr.. Taylor and Mr.
Biddle, the union statement said.
The injunction order, petitionee
for late yesterday by Attorney Gen.
eral Biddle, ended two days of stout
resistance by Mr.. Avery to Govern.
ment seizure of the plant.
Watched as Test of Power.
The night court proceedings fol.
lowed day of many development:
in the case, which is being watched
as gauge of the Presidents power
to take over a business claiming
nonWar activity and a test of tht
War Labor Boards ability to en-.
force its directives.
The forcible election of Mr.. Avery
the 69-year-old chief executive, from
his Office yesterday by two soldiers
Mr.. Biddle said, came after Mr.. Aver,
refused to cooperate with Govern
(see MONTGOMERY-WARD, A-3.