Evening star., 1945-01-27
BY the Associated Press.

BY the Associated Press.
CHICAGO, Jan. 27.-Army Seiz-
ure of Montgomery Ward g. Co.
properties on order of President
Roosevelt was declared illegal
today by Federal Judge Philip L.
Sullivan, who said "it is with
considerable reluctance that !
have arrived at the conclusions
in this case"
Unitee States Attorney J. Albert
Woll Immediately announced the
Government would appeal On his
motion Judge Sullivan stayed all
proceedings pending decision on the
appeal, thus permitting Army forces
to continue their control of 16 Ward
establishments.
Not War Plant.
The court held q the President
lacked authority, either in the War
Labor Disputes Act or in his war
time powers as Commander in Chief,
for the seizures and upheld the COM
pany contention that Wards is not
war production plant within the
meaning of the act.
Ruling on a case which the Gov
ernment said affected the Nations
entire wartime labor dispute settle
n1ent machinery, Judge Sullivan as
serted:
"Our Nation is engaged in a global
war and it is imperative that we
contribute everything we have to in
sure its speedy and successful con-
cluSion. -"
National Crisis Cited.
"Our country is in a great crisis
and our liberty and very existence
are at stake. So deeply do I feel
on this subject that I believe it is
not too much to expect that, for the
duration, employers, employees and
unions on the home front should
make determined effort to adjust
their~4laeor- 'slisagreemenes~ without
resortlng to strikes and lockouts.
"Selfishness, arrogance, intoler-
ance of the rights of others, self
interest and unwilhngness should
during this emergency, be all
subordinated for the common
good.
"The peacetime privilege of en-
gaging in prolonged labor disputes
should be voluntarily suspended for
the duration. A tribunal has been
established to accomplish peaceful
settlement of labor disputes during
the war emergency"
In declaring the Army seizure of
16 properties of the huge mail order
concern on December % was illegal.
Judge Sullivan asserted:
Il am of the opinion that the
President was without authority,
either under Section 3 of the War
Labor Disputes Act, or under the
war powers conferred upon him by
the Constitution as Commander in
Chief OF the Army and Navy to take
possession of the plants and facili-
ties OF Montgomery Ward & Co."
Dismisses U. S. Petition.
The decision in the case which the
Government said affected the Ma
tlon's entire wartime labor dispute
settlement machinery dismissed the
Government petition for a Judgment
to uphold legality of the seizure
and for an injunction to restrain
Wards officials from interfering
with Army operations.
Judge Sullivan's opinion in the
case which developed out of Wards
refusal to obey War Labor Board
directives in long standing labor
dispute said that "if the disputants
are not willing to obey the recon-
mendations of the War Labor Board,
which are admittedly only advisory,
then Congress alone is the only
branch of the Government which
can compel them to do so.'
1T is the duty of Congress to
enact the laws, and the duty of the
courts to interpret them," he said.
Present in court for the reading
of the opinion were Maj. Gen
Joseph W. Byron, military manager
at Wards; Clement D. Ryan, presi-
dent of Montgomery Ward & Co.,
and Samuel Wolchok, international
president Of the principal union in
volved, the CIO United Retail.
(see WARD, Page ABB