Evening star., 1944-05-10
Montgomery Ward
Continued From First Page,)

dence and arguments submitted by
Government and company lawyers
and preparing the ruling.
The company properties are back
in the hands of its management,
Judge Holly said, and it is a well
established fact that Federal courts
are not required to rule "on moot
question"
He said there was now nothing
before me" events having trans
pired" while he was considering the
petition of the Government for
temporary injunction to prohibit
Ward officials from interfering with
Government operation of the plant.
The Chicago plant was in Gov
ernment possession from April 26
until last night when Secretary of
Commerce Jones turned it back to
the company.
CLIO Wants Contract Enforced.
The jurist made the statement
after the Government relinquished
possession and the properties were
turned back to the hands of Board
~A1dhhAdl OSWCA AfCIy,
A CIO union won a collective bar
gaining election at the plants last
night, and followed up with a de-
mand on the War Labor Board to
extend and enforce an expired con-
tract with the union.
THE case is out of my hands"
Judge Holly said The company,
as I understand it. is back in the
hands of Montgomery Ward. so
that there is nothing for me to
do"
He said he had not conferred
beforehand with United States At
torney j. Albert Woll and Assistant
Attorney General Francis Shea.
The Government had asked Judge
Holly to issue temporary injunc-
ton restraining Ward executives
from interfering with Federal op-
Grafton of the properties. Ward
counsel had requested him to dis
solve temporary restraining order
to that effect which he had issued
April 81, one day after the Gov
ernment assumed control with the
aid of troops
Disputed Presidents Powers.
During recent arguments Govern
ment and Ward attorneys had dis
puted whether President Roosevelt
had the legal power to seize the
plants.
When Judge Holly said there is
nothing before me- Harold A
Smith. Ward attorney, said: How
about the restraining order? The
Government has been operating un-
der 1t. We've got to have a ruling
on that"
When the judge replied that the
property was back in the hands of
the company and the Government
had moved out. Mr. Smith asked,
What about this law suit?"-refer-
ring to the temporary injunction
petition
Judge Holly said that matter was
still pending unless there was a
motion to dismiss it or he, the court,
acted himself
Mr.. Shea said the Government
had terminated possession. the
property was back in company pos
session, the (NLRB) election has
been held. "and presumably any
differences now will be settled
through collective bargaining"
Case Is Moot Question"
Therefore. Mr.. Shea added, the
case in court is "a moot question
lo
Il take it the Government is NOV
Ing for dismissal" Judge Holly said.
The Government desires that the
court act however it sees fit" Mr..
Shea replied.
Mr.. Smith insisted that if the in
junction case was dismissed it should
be dismissed with prejudice" The
Government objected to that de-
mand
i think the whole proceeding on
the part of the Government has been
an ABUSE OF judicial process" Mr..
Smith said, "and the worst part is
that it should have been perpetrated
by the Attorney General"
Mr.. Shea rejoined that the Gov
eminent had confined itself to the
issues before the court.
Assails Government Tactics.
III there ever was a case that
should be dismissed with prejudice
this is the one" Mr.. Smith said
ON three different occasions they
Government COUNSEL have come to
court asking delay Now they come
into court at the hour of decision
and compel you to dismiss the
case"
Judge Holly commented that he
had continued the case from Mon
day to today without a request
from anybody