Evening star. [volume] (Washington, D.C.) 1854-1972, 1945-03-12
Court
Won tReview
.WardCaseNo
Points to Status of
Litigation Before
Appellate Tribunal
BY j. A. FOX.

The Government was blocked
today-at least temporarily-in
an effort to get Qualification OF
the Presidents powers to order
seizure of war plants where
labor disputes are in progress.
The Supreme Court refused to pass
on the legality of the Government
action in taking over Montgomery
Ward outlets in seven cities last
December after the big mail order
house fiouted a series of War Labor
Board orders.
The court announced that the
Government appeal was being
turned down at this time because
it has been made prior to the
Judgment of the Circuit Court of
Appeals"
The Supreme Court frequently re-
fuses to hear litigation that has not
passed through the Court of APP
peals.
Seizure Held Illegal.
The Government had appealed
from a ruling by District Judge
Philip L. Sullivan of Chicago, who
said the seizure. involving Is
branches, was illegal The Supreme
Courts denial of review leaves the
District Court decision in effect.
This does not mean, however, that
the Supreme Court will not take the
case eventually. In this instance,
the Government docketed an appeal
in the Seventh Circuit Court of
Appeals also, but sought at the same
time to take a short cut and go
directly to the Supreme Court, in
the hope of obtaining an early de-
cision
The appellate court proceedings
now will be IN order, but the addi-
tional time consumed probably will
make it impossible to get the issue
again before the Supreme Court,
prior to the start of the Summer
recess in June.
Company Joined in Plea.
The company had joined in the
application for immediate review,
as the Army still is in charge of the
Ward properties
President Roosevelt ordered the
Ward seizure ON December %, and
| in statement denounced the will
full defiance" of Sewell Avery, Ward
chairman, longtime foe of the
War Labor Board Involved in the
case are board orders for collective
bargaining agreements between the
company ana both the American
Federation of Labor and the CLIO.
Wage increases and maintenance Of
membership are major items in the
proposed agreements which the
company has fought.
Judge Sullivan's decision was rem
dered when the Government sought
a judgment upholding the seizure
and barring interference by Ward
with Army operation of its plants.
Found No Justification.
The court said that the seizure
was not justified either under the
War Labor Disputes Act or by the
Presidents constitutional powers as
commander in chief.
u
however, today once more refused
to review War Labor Board order.
In this instance the United States
Gypsum Co., which also is headed
by Mr.. Avery, was seeking a ruling
on board order which directed the
firm to include maintenance of
membership and dues checkof
clauses in a labor contract at the
plant in Warren, Ohio.
The company sued in District
Court here to void the Government
order and when the Government
sought to have the proceedings dis
missed District Court upheld the
right of the company to sue. The
Government then appealed to the
United States Court of Appeals,
which held as it had in a previous
case that War Labor Board orders
are merely advisory" and are not
subject to court review. The COM
pany then went to the Supreme
Court, whose action today leaves the
| Court of Appeals ruling in effect,