Evening star., 1945-01-27

principally engaged in a retail mail
order business, selling the wide
variety of goods and merchandise
set out in the complaint. The busi-
ness Is managed, controlled and
directed from the administrative
omces In Chicago.
The Government contends that
for more than two years Mont
gomery Ward has refused to adjust
labor disputes with its employees on
the basis of the directive orders
issued by the War Labor Board
That these disputes have many of
them resulted in strikes which have
interrupted operations in some of
Wards plants and facilities, and
that they threaten to stop opera
tions in others, which conditions
may spread to other industries
which are essential to the war effort,
all of which will impede and delay
the successful prosecution Of the
war.
Because of this situation the Gov
ernment insists that the seizure of
the plants and facilities of Mont
gomery Ward was justified under
the provisions of section 8 of the
War Labor Disputes Act. The Gov
ernment further contends that, In
the event the court sdoes not hnd
this true, the President is author
ICED under his general war powers
to make such seizure.
The first question for this court
to decide is whether the President
under section 3 of the War Labor
Disputes Act, had power to take over
and operate the plants and facilities
of Montgomery Ward g. Co. That
section (title SO, app. sec. 1905
USCA) provides:
Section 1903. Power Of President
to take possession Of plants; amend
ment of section 800 of this appendix
Amendment Cited.
Section OF the Selective Train
ing and Service Act Of 1910 (Sec-
ton 800 of this appendix) is hereby
amended by adding at the end
thereof the following new para
graph:
THE power OF the President under
the foregoing provisions Of this Sec
ton to take immediate possession of
any plant upon failure to comply
with any such provisions, and the
authority granted by this section
for the use and operation by the
United States. or in its interests, Of
any plant Of which possession is so
taken, shall also apply as herein
after provided to any plant, mine
or facility equipped for the manu-
facture, production or mining of any
articles or materials which may be
required for the war effort or which
may, be useful in connection there
with.
Such power and authority may be
exercised by the President through
such department or agency OF the
Government as he may designate.
and may be exercised with respect
to any such plant, mine or facility
whenever the President finds, after
investigation, and proclairns that
there is an interruption Of the
operation of such plant, mine or
facility as result Of strike or
other labor disturbance, that the war
effort will be unduly impeded or
delayed by such interruption, and
that the exercise OF such power and
authority is necessary to insure the
operation OF such plant, mine or
facility in the interest of the war
effort"
While in a majority of the cases
arising after the establishment of
the War Labor Board the parties
to labor disputes adjusted their Diff
ferences on the basis of the decisions
rendered by the board, nevertheless
labor disputes and disturbances
arose which frequently resulted In
strikes. Every ono agrees that
strikes in time of war are a serious
menace, but more especially If they
affect industries engaged in manu-
featuring or producing goods which
are useful or necessary for carrying
on the war.
Legislation directed solely against
strikes would tend only to leave
labor at the mercy of employers
without solving the labor problem,
therefore it seemed imperative that
some method be provided for set
ting war labor disputes in an Or
derly manner which would be fair
to every one concerned. Apparently
to meet this situation, Congress, on
June 25, l943, enacted the War
Labor Disputes Act, under which
the War Labor Board previously
created by executive order of the
President. and composed of repre-
sentatives of employers, employees
and the public, was authorized to
hear and decide all labor disputes
which mighty ultimately lead to
substantial interference or threat-
ened interference with the prosecu-
ton of the war.
Decisions Listed.
It appears that during the past
two and one-half years the War
Labor Board had considered numer-
GUS labor disputes between Mont
gomery Ward and its employees, an6
has issued directives which the com.
pany, in practically every instance
has refused to obey, consequent,
resulting In strikes. The board ha,
no power to enforce it's decision.
and there is no statutory authorize.