Imperial Valley press., 1945-01-30
WARD DECISION CITES
LIBERTY FUNDAMENTALS

LIBERTY FUNDAMENTALS
A Federal Judge named to the bench
in 1888 by President Roosevelt has ruled
that the presidential seizure of the Ward
properties last month was illegal and
went beyond any constitutional powers
bestowed upon a commander-in-chlefl IN
war or peace time. Likewise the ruling
says the seizure was in violation of any
war powers granted the chief executive
of the nation by congressional acts.
While the ruling was issued in few
short, terse words, the court added some
suggestions that we'll may be taken ser
iously by congress and the chief executive
and by the public at large.
That the ruling would set aside the
act was to be expected, if the presiding
judge acted freely in interpreting the
entire situation. 1t is in the basis for
his conclusions that the court has arous-
ed the interest of the people. 1t was a
courageous ruling, as the flare-up of his
critics reveal. They point only to the
reason" given for the seizure-a war
time emergency.
The court holds that even such condi-
tions as any war may and does produce,
must not obscure and vitiate our funda-
mental and basic laws and principles.
Two phases of the decision merit and
command attention above all else. First,
the Constitution still prevails, and Sec
ond, the dire need for congress to enact
legislation that will provide for logical
and necessary War Labor Board edicts,
and the necessary authority of enforce
ment.
Said the eminent jurist: "The consti-
tutional guarantees that protect the
sacred rights, liberties and property of
American citizens, from the humblest
to the most exalted still remain inviolate.
"These rights may not be transgressed
with impunity nor be disregarded be-
cause of expediency; neither may they
be abridged or suspended even for sin
gle moment, except in the manner and
under the circumstances specifically pro-
vided by law.
That is language anyone can under
stand. 1t is basic.
AS to any inherent presidential powers,
independent of congressional acts the
court said that "even in wartime as COM
mander-in-chief, the President does not
have unlimited power over person and
property Of citizens. He may not seize
private property just because it might
be useful or beneficial to the armed
forces"
And in this terse, pertinent paragraph
the Judge observed:
"It is the duty of Congress to enact
laws, and the duty of the courts to inter-
pret them" And further-"if disputants
are not willing to obey the recommends
tions of the War Labor Board which are
admittedly only advisory, then Congress
alone is the only branch of the govern
ment which can compel them to do So.
Here is a severe reminder of the separ-
ate duties of the three branches Of gov
ernment which have been so flagrantly
abused and violated under the present
administration Congress should take
heed as we'll as take heart and resume
its constitutional prerogatives and duties
and also study we'll the grabbing of ex-
cessive powers to the executive.
The ruling dismisses the claim that
the defendant company is or was engaged
in war industry.
A final word in the decision commands
universal respect when Judge Sullivan
declared:
"Selfishness, arrogance, intolerance OF
the rights of others, self-interest and
unwilingness should, during this en-
ergency be all subordinated for the COM
mon good
If only the American public generally
could visualize those bleak outposts,
where some boys have been stationed for
three years, they could appreciate the
loneliness and the boredom they endure.
Rep. Margaret Chase Smith of Maine,
back from the Pacific.
own