Evening star., 1945-01-28
Direct Appeal
10 High Court in
Ward Case Due
WLB Head Says Ruling
On Seizure ImperiIs
Dispute Machinery
By JAMES Y. NEWTON.

A Federal court in Chicago, In
a decision which War Labor
Board Chairman William H.
Davis said threatens to "col-
lapse" Government machinery
for peaceful settlement of war;
time labor disputes" ruled yes
terday that President Roosevelt
exceeded his authority in order
ing Army seizure of 16 Mont
gomery Ward 81 Co. properties.
Judge Philip L. Sullivan ruled
Wards the victor in its long fight
with WLB, but he stayed further
proceedings when the Government
moved to appeal the decision-thus
enabling the Army to continue In
control until the issue is settled
finally.
There were indications here that
the Justice Department would de-
part from usual procedure and petit
ton the Supreme Court directly to
take jurisdiction over the case. This
move would bypass the Circuit
Court of Appeals and speed settle
ment OF the case.
Fears Set-up Will Collapse.
Mr.. Davis warned that if Judge
Sullivan's decision Is not reversed
or Congress does not take appropri-
ate action to make the War Labor
Boards orders of settlement effec-
tive on everybody, the whole plan
of peaceful settlement of wartime
labor disputes will collapse" He
declined further comment pending
study of the Chicago opinion.
On Capitol Hill, where the mo-
mentous court ruling brought di-
verse reaction, there appeared to be
considerable support for legislation
to put teeth in WLB orders. There
was no indication, however. that
Congress would move Immediately
and it was believed that considera-
ton of such legislative action might
be postponed pending Supreme
Court review of the Chicago de-
cision
Representative Priest, Democrat,
of Tennessee. reflected views of a
number of his colleagues when he
said: There should be some man.
datory legislation to make its
(WLB) decisions enforceable by
law" Chairman Summers of the
House Judiciary Committee prom
ised that such legislation would be
very closely examined" if it comes
to his committee. Representative
Cox of Georgia, ranking Demo-
cratic member of the powerful
Rules Committee, expressed sbelief
that enforcement legislation would
be enacted.
Judge Sullivan, saying he arrived
at the opinion with considerable
reluctance" ruled that the Presi-
dent lacked both statutory and con-
stitutional authority to order seiz-
ure of Wards property He agreed
with company counsel that the
great retail merchandising chain
was engaged solely in distribu-
tion" and not war plant within
the meaning of the War Labor Dis
putes (Smith- -Conally) Act
Denies Unlimited Power.
He also ruled against the second
major Government argument justi-
flying seizure-that the President
had the right to seize Wards under
his constitutional powers as war
time commander in chief.
a.. Outside the theater of war,
the President, as commander in
chief, does not have unlimited pow-
er over the persons snd property Of
citizens Judge Sullivan said. HE
may not seize private property just
because it, might be useful or bene-
fetal to the armed forces.
THE constitutional guarantees that
protect the sacred rights, liberties
and property of American citizens,
from the humblest to the most ex-
alted, still remain inviolate
In a war emergency" he con-
tinued in Illustration of presidential
war powers, ''he may seize par