Evening star., 1944-05-27
Fucts in Ward Case
Declared Astounding
Writer Believes Congress
Memory Won't Be Short
By David laurence

Dy lava LAURENCE
However much the administration
may want to forget the Montgomery
Ward case. the Congress Of the United
States apparently is not going to have
short memory on the subject.
In the report just made public by
the subcommittee Of the Judiciary
Committee of the Senate, some new
facts are revealed TO the public. Some
Of these facts are astounding. It Is re.
vealed, for instance, that although the
entire argument Of Attorney Gen.
eral Biddle rested on the claim that
Montgomery Ward was engaged In war
production, parallel mail order house,
namely. Sears Roebuck d Co, was ruled
by the War Labor Board only II days
before. on April Is. 1914, - mot en-
gagged In war production"
The Senate subcommittee discloses
TO the public for the nrst time that
there Is no evidence In the flies or IN the
records Of the National War Labor
Board which warranted Attorney Gen.
eral Biddle In describing the dispute Of
Wards - one that "might interrupt
work which contributes to the effective
prosecution Of the war"
It Is charged now that the United
States Cancellation Service In the De-
pertment Of Labor has no facts In its
files tending to show that the dispute
was Of such major proportions.
The public Is told, moreover, what It
has never known before--namely, that
the War Labor Board, In ordering an
expired contract extended, was actually
naming a union as bargaining agent
when this is a function Of the National
Labor Relations Board as specifically
stipulated under the Wagner Act.
Insure Of Legal Grounds.
1t would appear also that the Attor-
ney General was not too sure Of his legal
grounds when he seized the plant and
took refuge in his now famous statement
on the aggregate Of powers" which he
said ARE derived from the Constitution
and from various statutes enacted by
Congress"
The Attorney General has been In the
habit OF making such sweeping state
ments especially in the language Of ex-
ecutive orders. The citizen is not told
just what is the basis for such sweeping
declarations, but the Senate sub-com-
mittee recommends that leach execu-
tive order issued by the President Of the
United States should contain specific
citations by number Of all sections Of
the Constitution Of the United States
and the various acts Of Congress upon
which the President Is relying for the
statutory and constitutional authority
to issue the executive order"
This Is most serious implication. It
means In effect the President and the
Attorney General have been claiming to
possess authority the origin or source Of
which they do not reveal to the public.
1t win be recalled that in one instance
earlier In the war, when dispute arose
as to the legality Of certain action
limiting salaries to $25.o00 year by ex-
ecutive order President stated that
he had an opinion Of the Attorney Cen
eral. When member Of Congress
pressed for copy Of the opinion, It was
discovered to be general statement
that he, the Attorney General, believed
the action to be lawful This, OF course,
Is not what the citizens Of q country are
entitled to get from their government.
Service Act Recalled.
When the Selective Training and
Service Act Of 1910 was amended to per-
init seizure of property, Congress was
careful to limit the power. The first
legislation which was sent to Capitol
Hill was too sweeping and Congress
narrowed 1t down. Now the Senate SUBJ
committee points out that the Attorney
General was "misadvised when he stated
that the President Of the United States
had the authority to issue the proposed
executive order under section of the
War Labor Board Disputes Act" The
truth is that section 8 has to be read
and construed along with the original
seizure provisions. These were solely
related to war manufacturers who de-
clined to follow the specifications of
production or manufacture.
Finally, the Senate subcommittee
pointed out that calling in the United
States Army was step that should
have been taken only as a last resort
and that court proceedings should have
been started first.
Senator McCarran and his colleagues
have done an excellent job In establish
ing the facts in the Montgomery Ward