Evening star., 1944-06-03
Bidd|e and McCarran
Disagree on Effect Of
Courts WLB RuIinq

Attorney General Biddle and
Chairman McCarran of Senate
Judiciary Subcommittee that in
vestigated the Governments seizure
of Montgomery Ward & Co. prop
critics disagreed sharply last night
over the implications of a District
Court of Appeals ruling that War
Labor Board orders are not subject
to court review.
Mr. Biddle held that the decision
supported the rightness of the Gov
ernment's action in the Montgomery
Ward case. The Senator, at his
Reno New home, replied tersely
that Mr.. Biddle is whistling in the
dark"
The court held yesterday in the
case of an appeal by a group of New
England truckers against a WLB
order that Congress had made it
abundantly plain that such orders
were not subject to legal review. as
their enforcement depended upon
the Presidents constitutional and
statutory powers.
Had Criticized Mr.. BiddIe.
A subcommittee headed by Sena-
TOR McCarran recently issued a re-
port criticizing Mr.. Biddle for ad-
vlsing the seizure of Montgomery
Ward properties.
Calling the decision "of first i'm
portance regarding the whole War
Labor Board controversy" Mr.. Bid
die called attention to that part
OF the McCarran report which said
that the Attorney General was in
error in stating that all peaceful
and orderly processes for the settle
ment of the Ward dispute had been
exhausted at the time he advised
the President of his right to take
possession of Montgomery Ward g.
Co."
The McCarran report, Mr.. Biddle
charged, was based on one lower
court decision against the Govern
ment which has now been Clearly
overruled by the Circuit Court of
Appeals"
In the light of the present deci-
sion," Mr.. Biddle said, this asser-
ton of the McCarran report that
all doubts have been resolved by one
lower court decision, while an ap-
peal was pending in the Circuit
Court of Appeals, now appears a
somewhat hazardous judgment to
have been made without benefit of
hearing the Attorney General.
The Supreme Court may, of
course, review the issue, but the fact
of the matter is that the legislative
history leaves little doubt that it was
Congress itself which had rejected
any suggestion of court review or
mandatory enforcement of War La
Dor Board orders.
Not Dependent on WLB.
"One final point of interest in the
decision Is the courts answer to the
argument that the President might
take over the facilities (of the New
England carriers involved in this
case if the War Labor Boards order
was not complied with. The court
said: Neither the broad constitu-
tlonal power nor the broad statutory
power Of the President to take and
use property in furtherance of the
war effort depends upon any action
Of the War Labor Board"
The Associated Press reported from
Reno that Senator McCarran. ad-
vised of the Attorney Generals S
statement said that Mr.. Biddle is
Whistling in the dark" as to the de-
cislons effect on the Montgomery
Ward case. The Senator was quoted
as saying:
Not having read the decision. I
have no comment to make-except-
ing that Congress has never yet to
my knowledge so violated the prin-
ciples underlying the American
Government as to exclude the right
to citizens of the United States to
have their cause adjudicated by that
branch Of the Government spe-
officially set up by the Constitution
to try and determine private dis
putes and individual rights, namely
the judicial branch established by
organic law