Evening star., 1944-05-24
BiddIe Says Avery
Removal by Troops
Made Better Picture
MurshoIs Wouldn't Have
Done as Good q Job,
Word Hearing Told

DCACIlulIlS Use VI tTOOpS III
stead of marShals to take over
Montgomery Ward 81 Co.'S
strike-bound Chicago proper
ties, Attorney General Biddle
today told a special House COM
mittee investigating the seizure
that he thinks the soldiers re-
moved Sewell L. Avery, 69-year-
old Ward chairman, much more
quietly and sensibly than mar
shals would have"
Representative Clark, Democrat
OF North Carolina brought UP the
subject by asking Mr.. Biddle If he
did not think it likely there would
have been more chance Of some
"untoward incident. or disorder ir
the use Of United States marshals
That's what I'm afraid Of" ths
Attorney General replied. "Havin,
been a United States attorney,
know the way rnarshals act.
would not trust q marshal to take
over plant.
Says 1t Made Better Picture
Soldiers removed Mr.. Avery
much more quietly and sensibly
than the marshals would have. 1t
made better picture and that
may have been what he wanted"
After the plant was seized, two
Army MPs carried Mr.. Avery from
his Office when he refused to leave
A photograph of the incident was
widely published.
Mr.. Biddle said he supposed that
technically we could have ordered
marshals to take over" but that
actually he did not think that was
the appropriate thing to do.
He pointed out that all other
Government plant seizures have
been by the Army or Navy.
There had never been any re-
sistance and, moreover, if there was
any resistance would rather have
the army, disciplined as they are,
thar marshals." he said.
Declares President Had Authority.
Mr.. Biddle testified he believed
President Roosevelt was authorized
by the War Labor Disputes Act to
seize the plant, but that even with
out regard to that statute the Chief
Executive has requisitioning author
ity in wartime
He cited specifically Section 8 of
the War Labor Disputes Act, giving
the President power to take over
property equipped for manufacture
production or mining"
Acknowledging in prepared
statement that there is room for
disagreement on the legal aspects
OF the case, Mr.. Biddle suggested
that If Congress itself believes Mr.
Roosevelt exceeded his authority it
should clarity the laws so the Chief
Executive may be guided accord
ingly."
mo Attorney General in advising
the President" he said, "can dc
more than interpret the law as he
sees it, trusting to the courts to cor
rect him if he is wrong and to Con-
gress to make any changes in the
law which 1t deems wise"
Thinks Ruling Will Be Sustained.
Mr.. Biddle asserted that he be-
lieved the courts would sustain his
ruling, adding 1T may be that as a
result of these hearings this COM
mittee will believe that certain
changes should be made in the pro-
visions of the War Labor Disputes
Act"
Amplifying his reference to the
Presidents authority in the absence
of specific statute, the Attorney
General said: although ] relied, in
the first instance, upon the provi-
sions of the War Labor Disputes Act,
also believed that without regard
to the statute the President had the
authority to take over the plants and
facilities of Montgomery Ward and
to operate them in the interests OF
the war effort"
Mr.. Biddle said this power is es-
|sentially the power of requisition
adding it twice had been spe-
fically recognized by the Supreme
Court.
President Lincoln without express
statutory authority took possession
of railroad during the Civil
War" he continued. Before the
passage of the War Labor Dis
putes Act and when there was
no express statutory authority
for doing so, the President in nine
cases took over industrial facilities
whose operations were interrupted
or threatened with interruption"
The Attorney General said there
was no other course for Mr.. Roose-
(see MONTGOMERY WARD, A-5J