The Waterbury Democrat., 1944-04-27
Atty. BiddIe
In NV Row

caeo by Hugh B. Cox, assistant So
licitor general. Their presence in
dicated the government expected
wards TO resort to the courts in an
effort to Gust the army and COM
merce Department representatives
from the premises.
A detail Of four soldiers, headed
by Lieutenant Ludwig Pincura, Lo-
rain, O., and accompanied by Tay-
lor, hurried to Avery's ONCE.
I'VE are In charge here" the
ofncer told the 69-year-old execu-
tive.
Avery listened as the lieutenant
explained the soldiers were taking
over and Taylor would serve as the
representative Of the Secretary OF
Commerce.
The white-haired Avery said no.
thing and remained In his ONCE
about 10 minutes before departing
for his home, escorted by city po-
lice. He left the building by the
back way.
Arrival Of the troops climaxed q
day Of hectic activity for the gov
eminent ofncials who came here TO-
take over the plant after the COM
paly had refused to obey War La
Dor Board directive to extend Its
contract with the union, the United
Retail, Wholesale and Department
Store Employees Union (C1O). The
firm claimed the union no longer
represented q majority Of the work.
erS.
First Visit
Taylor first visited Avery shortly
before noon and read the preSlden-
tial order directing him to assume
control of the plant. But Avery,
who also Is chairman Of the board
Of directors of the U. S. Gypsum
Company and holds a dictatorship
in half a dozen other firms, denied
that the president had the right,
either from the constitution or from
congress, to take possession Of the
company'S property.
After conference with Assistant
u. S. Attorney Ugo Carusi and Dis
trict Attorney j. Albert Vol, and
a long distance telephone converse
ton with Jones, Taylor returned to
AveryS Office with nine q. S. Mar
Sah6 to enforce the seizure order,
but again Avery defied him.
Troops then were called and an
hour later Taylor returned to
Avery's ONCE and for the third
time read the executive order to
him. Pincura then announced he
had taken over the property. Avery
said he did not recognize the army'S
authority but would leave the build
ing.
Avery's Refusal
Avery's refusal to relinquish con-
troll to the government was under
stood to be q move to compel
forcible seizure, so the company
would have complete record OF
non-consent with which to appeal
in federal court and sue for an in
junction to retain possession Of the
properties.
All employees and executives OF
the firm were urged to continue on
their jobs and it was understood
that Avery would be permitted to
return to his Office In the building
so that he may continue to direct
operations Of the company's nation
wide chain of stores.
Washington, April 27-(UP)-Rep.
Howard w. Smith, D., Va, CO.
author of the war labor disputes law.
today questioned President Roose-
velt's authority to seize Montgomery
Ward & Company properties for
refusal to comply with War Labor
Board order.
Differing with Attorney General
F. ancis Biddln, who cited the war
labor dispute act as partial author
ity for the seizure, Smith said he
did not think any single, solitary
member Of congress thought the
act intended to authorize anybody
to take over retail store"
Pointing to the provision permit
ting seizure Of "any plant, mine or
facility" equipped for the ''manufac-
ture, production or mining of any
article" used in the war effort,
Smith said Wards did not fit the
description.
Rep. Charles S. Dewey. r., Ill,
commented that because some
types OF merchandise sold by Wards
are necessary to the war effort
Smith said Wards did not fit the
description.
Rep. Charles S. Dewey, r., Ill,
commented that because some types
OF merchandise sold by Wards are
necessary to the war effort doesn't
mean the whole store is subject to
the drastic legislation which Con-
gress passed to prevent slowups of
production
President Supreme
However. Rep. Sol Bloom, D., N.
Y, said that in wartime 1.-THE COM
mander-in-chief is supreme, and
has the power delegated to him by
congress which is all-embracing."
Biddle cited the Presidents war
powers as well as the war labor dis
putes act as authority for Mr..
Roosevelt's action. He said the
President was commander chief
OF the Army and Navy and pos
sesSed an aggregate Of powers de-
rived from the constitution and con-
gressional acts for the purpose of
carrying on the war.
In tltae Of war when the exist
eilce Of the nation is at stake, this
aggregate Of powers includes auth
ority to take reasonable steps to
prevent nationwide labor disturb
ances that threaten to interfere
seriously with the conduct of the
war" Biddle said.
Washington. April 27.-(UP)-l
Rep. Charles s. Dewey, r., ILL.,, said
today he proposes to see that the
Montgomery Ward & Co., constitu-
tional rights are protected and
that he will demand a House in
vestigation Of the governments