Evening star., 1949-02-05
The Political Mill
'BoId-Fuced' Move Seen
By Truman on Labor Bill
Public Alarmed at Idea of Ending
Legal Powers to Meet Strike
R., Co.IJ :..oIse
The Political Mill
Bv Gould Lincoln

ny oOWt1 AEWtU"
When is an injunction not an Injunction?
Answer-Apparently when it is asked by the
Attorney General on order of President Tru-
man. The bald-faced attempt Of the Admins.
tration to placate and satisfy the public,
alarmed at the idea of doing away with legal
powers to meet strike that might parayzs
the country, and at the same time to satisfy
the labor leaders who are demanding the
elimination from the proposed new labor law
OF all reference to injunction, looks like an
act of political desperation.
Further, the claim by the Attorney General
that the President has inherent" powers
seemingly acquiesced in by Mr.. Truman him.
self-has strange sound in American ears.
Almost it is like the sound Of those powers
which were claimed by kings under so-called
divine right. These inherent" powers to halt
a devastating strike which Attorney General
Clark is now claiming for his chief must have
been sadly lacking a couple of years ago
when Mr.. Truman rushed to the Capitol and
asked joint session of Congress to put
through law empowering him to draft rail-
road workers into the armed forces, when
nationwide tie-up of the roads was threatened.
Embarrassing Position.
The administration has been in an embar.
RAISING position ever since it tackled the re-.
peal Of the Taft-Hartley labor act-its major
promise during the recent presidential cam.
paign. Bringing to the Senate Labor Com.
mittee bill which repeals the Taft-Hartley
act and re-enacts the Wagner act with Ger.
tain minor amendments favored by the Pres:.
dent, Secretary of Labor Tobin has had a
tough time. Under the probing questions of
Senator Taft Of Ohio and other members OF
the committee, it has been difficult for him
to sustain objection to certain provisions OF
the law he seeks to repeal. And as for the
elimination of that provision of the law which
enables the government to act in national
emergencies Caused by strikes or threat of
strikes, Mr.. Tobin has had to rely on tho
dictum Of the Attorney General, pretty poor
reliance
The opponents Of the Taft-Hartley law have
charged that "the era of Government by in.
junction" is being revived in labor disputes,
as result of the Taft-Hartley Act. glance
at the record of the operation of the law for
the flrst l6 months Of its operation gives this
charge the lie direct The statute authorizes
the use OF the injunctive process under three
provisions First, the National Labor Rela-
tlons Board may seek temporary restraining
order Can injunction) on its issuance of COM
mitted an unfair labor practice Second the
board is required to seek injunctive relief in
secondary boycott cases when there is reason-
able cause to believe that the charge is true
and that complaint will issue. Third, ths
act authorizes such relief on petition of the
Attorney General when a strike or lockout 10
one which affects an entire industry or sub.
stantial part thereof, and If continued will
lmperil the national health or safety.
Writ Record Recalled.
Under the first provision mentioned, injunc-
tions were sought in only six cases; under the
second provision in 90 cases, and under the
last, in six cases. 1t is interesting to note too
that injunctions were granted in three cases
only under the first provision; in IS under the
second, and in six cases under the last. It is
the last category of cases and injunctions which
is involved in the controversy between the
Attorney General and the President on the
one hand, and Mr.. Taft and other members en-
the committee on the other. Those actions
involved serious situations and problems for
the country, among them coal strike and
longShoremen's strike.
The Taft-Hartley Act is direct. 1t gives tbs
necessary authority by law, to move in strikes
or lockouts which may affect public safety; 1t
specifies that the Government act to halt such
strikes by injunction, but only for q period OF
80 days during which every avenue for settle-
ment may be explored
Mr. Clark, on the other hand would leave
out of the law this specific power-and yet
make use of the injunctive process under so.
called inherent" powers of the President.
Mr.. Truman, pressed at press conference. said
he had no particular objection to including in
the new law the injunctive power. but insisted
such action was not necessary He, too, ap-
parently, is relying on these inherent powers"
Two world wars during which the President,
by law was given great powers, have tended
to magnify the presidential power-even though
war is over. It's dangerous trend. =