Evening star., 1947-01-05

This is the opinion not only of
Justice Department authorities but
also of Republicans such as Senator
Wiley of Wisconsin. A few days
ago he warned the COP Senate
Steering Committee of chaotic
effects" that could result from quick,
sweeping removal of war controls
The danger is not merely that all
controls will be abolished too soon.
1t is that this would automatically
revive prewar laws and procedures
which in some instances might be
outdated or otherwise dangerous to
the orderly pursuit of peace and
economic progress.
Congress as well as the President,
according to this view, thus have
the double responsibility to look
carefully before tossing out the laws
and to make certain that adequate
and timely substitutes are provided
where necessary.
A prime difficulty, as was brought
into sharper focus by President
Truman's proclamation last week,
is that the still standing forest of
wartime controls is hard to see
because of the number and variety
of statutory trees-not to mention
the branches, of-shoots, and inter-
laced laws and regulations. These
sprouted in all directions during
the war, often to meet individual
situations. BY and large, they now
have to be examined individually.
Many Appear Unrelated.
Even the most cursory study shows
that many of them seemingly bear
no relationship so far as date or
method of expiration are concerned.
AS was evident from the Presidents
proclamation ending hostilities,
some of the laws linger on for
another six months or year or
more.
Others originally were set to ex-
pire on specific dates unless ex-
tended, as they often were, or
abolished or merged as has been
the case in recent months with
the case in recent months with sew
eral once-powerful wartime agencies.
These included OPA, CPA, Econ
omic Sterilization Office, and Re-
conversion. z~
In general, expiration dates were
governed by the statutory sources
of wartime executive authority"
That is, the life of some laws hinged
on the period of hostilities, the
continuance of others depends on
the length of the existing states of
emergency, and still others go with
the state of war.
But this convenient grouping has
plenty of complications and reserva-
tions. Statutes in the same bracket
do not expire at the same time or
in the same way. They are Worded
differently in many respects and
often are sections of other laws
Moreover, some of the more i'm
portant ones 60 beyond mere ad-
ministrative considerations. They
touch on national and to some ex-
tent on international policy ques-
tions.
Such conditions as famine abroad
and such problems as world peace
treaty negotiations go with domestic
issues in accounting for this Nations
lag in getting out of the war.
Clark's Advice to Truman.
Justice Department studies. the
Truman administrations announced
hope of speeding decontrol plans
consistent with economic security,
and the apparent intention of Re-
publican congressional leaders to
devise a wen-considered plan, all
tie in with Attorney General Clark's
advice to the President more than
q year ago.
Each of these statutes" he
wrote, has it's own history and its
own purpose and intent. Any ques-
tion as to the termination of an in
dividual statute must therefore be
determined in the light of the
statutes history and purpose and in
the light also of the factual condi-
tions prevailing at the time the
question is raised"
The Supreme Court and lower
tribunals have held that war pow