Evening star., 1946-01-15
Use Of War Powers
Urged to End Strikes
Observer Says President Should
Continue Plant-Seizure Policy
By David Laurence

Continue Plant-Seizure Policy
By David Laurence
When President Truman took the
oath of Office, he pledged himself to
execute faithfully the laws of the United
States.
For several days the people in the
vicinity of Washington have been un-
able to communicate by telephone with
the National Capital and residents here
have been cut off from the rest of the
country.
The Smith -Connally law forbids any
strike or work interruption without a
prescribed procedure, namely, a strike
ballot that requires 30-day notice 1t
is violation of the law to ignore the
3o-day notice. The penalty could be
found In the conspiracy statutes. Any
one who encourages or stimulates two
or more persons to violate a Federal
law can be held for that act
Likewise it is within the power of the
President to seize a company and its
plant If work interruption occurs.
Thereafter 1t is unlawful to call strike
or to encourage two or more persons
to strike.
Continuous Session" Subterfuge.
Why did the President hesitate to
seize the local telephone company in
Washington and forbid the unions to
continue their strike? The technicality
under which the unions operate now
adays Is that continuous session" of
their union isn't a strike. This is a
subterfuge which the Department of
Jutice ought never to recognize for one
moment. Let some employer say that
he Is busy lin conference" for three
weeks or so and Is in continuous ses-
sion" with his directors and cannot bar
gain collectively, and it would take
about two days for a National Labor
Relations Board order and, if necessary,
court order to be issued to compel him
TO dispense with any such subterfuge.
The American people expect the Presi-
dent to uphold the spirit as we'll as
the letter OF the law. Mr.. Truman Is
contending that the war isn't over and
that he needs an extension of war power
statutes. He is rightly arguing that the
aftermath of the war is of such COM
plexity that he cannot proclaim for
mally the ending Of hostilities. The
same argument goes for the exercise
OF his war powers to handle labor dis
| putes during a time when we are
ofhcially and formally still at war.
Limitations on Right to Strike.
To disrupt the telephone service OF
any important area OF the country and
to submit the people TO the hazards of
such interruptions is manifestly to be
contemptuous OF the public interest.
1he right to strike is, of course, an
individual right, but there are !imita-
tlons upon 1t IN the law. No individual
or group OF individuals can take con-
cerUed action to bring about the quit
ting OF work by any other group of
individuals when the President has
seized a plant.
Plant seizure is one weapon used ef-
tectlvely during the war. Mr.. Truman
has hesitated to use that power, which
Congress gave him. Yet the inconven-
lence to the public has now extended
to the point that it is wondered how
much further the interest of the people
must be damaged before the President
will act.
The national telephone strike has
been postponed for 80 days while a
strike ballot is taken. But at the end
OF the 80 days, will the administration
sit by and allow such a work stoppags
to ,paralyze the Nations communica-
tions? Will Congress allow it?
Mr.. Truman has sufficient power and
prestige to bring about the passage of
new legislation, but he. has author
ity under existing law to seize the major
Industries of the Nation if necessary.
This might not be palatable to either
workers or employers, especially since
the Government customarily orders the
existing contract to be extended and
wage increases to be postponed.
British Action Recalled.
But it will be said that the employees
will not work for the Government and
will stay away. For any concerted
AAofS111CAIt W NC 4IlSIlSdI6Q, however, IL
would be necessary for union leaders to
issue certain orders. Workers do not
abstain from work except under soma
form OF discipline. And the very is
suance of orders to strike or abstain
from work while plant Is under Gov
eminent seizure may put the union
leader who tries it into Jail or subject
him to heavy fine or both. One union
tried it year ago and its officers were
promptly prosecuted. The Department
OF Justice could not overlook such of
fenses once the authority OF the United
States was douted.
Mr.. Truman has the power to cure
the epidemic of strikes and If public
opinion is sufficiently aroused, he will
ind himself compelled to take drastic
action. Any other course would be to
allow the Nations economic system to
drift into condition of virtual anarchy.
Britain faced somewhat the same situ-
alton in 1926 in a general strike, after
which laws were passed prohibiting il
legal strikes Maybe the Congress will
find itself passing some measure like
the British Labor Disputes Act.
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