Evening star., 1944-04-28
A Dangerous Doctrine

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The legal actions which have been
started or are about to be filed in
Chicago as an outgrowth of the
Governments seizure of the Mont
gomery Ward mail order house
should result in a long overdue
clarification of the Presidents
powers in a situation of this kind.
Heretofore the Government has
invoked every conceivable legal
technicality to dodge a court test
of its powers to impose settlements
in labor disputes. The War Labor
Board has contended that its "di-
receives" are merely advisory, and
since it lacks authority to enforce
its orders no one has a right to go
into court and challenge their valid
ity. This is not compatible with
the kind of relationship that ought
to exist between the Government
and the people, and the decision
to abandon these devious tactics
should be welcomed by all concerned.
The seizure of the Montgomery
Ward establishment at the order of
the President and the forcible evic-
ton of Sewell Avery, head of the
concern, by soldiers acting at the
direction of Mr.. Roosevelt's subordi-
mates rest upon practical as we'll as
legal considerations. 1t is the latter.
however, that are of controlling
interest in connection with the
litigation now under way.
In taking over the plant, the
President acted on the basis of an
opinion by Attorney General Biddle
that he had lawful authority to do
So A careful reading of the opinion,
however, leaves many doubts on this
score. -
The Attorney General relied in the.
first instance on the Smith ConnallyI
Act, which empowers the President
under certain conditions to seize
amy plant, mine or facility equipped
for the manufacture, production or
mining OF any articles or materials
which may be required for the war
effort or which may be useful in
connection Herewith" It requires
considerable exercise of the
imagination to fit the Montgomery
Ward mail order house into this
category, and there is excellent
reason to believe that Congress in
passing the law had no thought that
it would be applied to such an
establishment.
1t also may be inferred that Mr..
Biddle has doubts on this score. for
his opinion goes on to express the
view that, aside from any authority
derived through the Smith Connally
Act, the President could lawfully
seize the Montgomery Ward plant
under IAN aggregate of powers" that
are derived from the Constitution
and from various (unspecified)
statutes enacted by Congress for the
purpose of carrying on the war"
Unless it is proposed to abandon
constitutional government in time
OF war, this assertion of vaguely
oeflned power is an exceedingly
dangerous doctrine. Where does the
Presidents authority end? If he
can seize a mans business and
forclbly evict the operating head
under his aggregate of powers" and
without regard to specific legisla-
ton enacted by Congress to deal
with such situations, what protection
has any citizen against wanton abuse
OF power? It is no answer to say
that Sewell Avery is a recalcitrant
representative of "big business" nor
is there any great comfort in the
thought that the administration. for
reasons best known to itself. has
refralned from the use of strong
arm tactics in dealing with similar
recalcitrance from such men as John
L. Lewis and, James C. Petrillo
Political and other considerations
may shield the mass of the people
from these exercises of asserted
power today, but If the assertions
are permitted to 60 unchallenged
and unclarified, there can be nc
effective guarantee Of such protec.
ton in the future.