Evening star., 1952-04-20

edent is a hallowed and important
thing. If President A can do some
thing and get away with it, it seems
to work out that President B can
do something similar and point to
the precedent of AS act to justify
what he is doing.
If the courts cannot stop a Presi-
dent from running away with his
power, how can he be stopped? I'M
peachment is generally considered to
be the only way. But impeachment
is a seldom used weapon against
Federal officials. The Congressional
Directory cites only II occasions in
American history when the Senate
has sat as a court of impeachment.
Only one of these trials involved a
President-Andrew Johnson-and he
was acquitted.
President Truman's April action
against the steel industry was taken.
according to his announcement, to
insure the continued flow of steel for
the defense program. He cited the
fact that an emergency had existed
since December 16. 1850.
Toft Attitude
To this reasoning, Senator Taft re-
torted last week:
Il know of no possible argument
that the President can increase his
constitutional powers by proclaiming
the existence of a national emer-
gency. There may be a few statutes
giving him power which he can only
exercise after such a proclamation,
but certainly he cannot lift himself
by his own bootstraps to q position
OF power which does not previously
exist. The Constitution says nothing
about national emergencies, and if
the President could increase his pow
ers by such a declaration, there
would be nothing left to the limita-
tionS largely imposed by the Consti-
tuition"
Secretary of Commerce Sawyer'S
decision last week to put a pay in
crease into effect in the seized in
duStry points up another facet of
the companies opposition. This first
pay hike probably will not exceed
what the industry already has indi-
Gated willingness to pay. But, the
companies fear, there is nothing to
stop the Government from giving
the union everything the Wage
Sterilization Board proposed.
The right of the Government to
set wages and hours in seized in-
dustry was aSSumed-and not dis
puted-n the case of the railroads,
The roads were taken over on Au-
gust q, 1850. and remain in Govern
ment hands today. On February 8.
1851. the Department of the Army
granted small wage increase to
operating employees in road and yard
service. The Army did not consult
with the railroad ownership in doing
this. Rather. it set the wage and
ordered the owners to pay it.
Bosis in Low
One major difference exists, how
ever, between the rail and steel Seiz-
ures. The railroads were taken over
under the Railway Labor Act of 1916,
While the steel mill seizure had no
such statute to back it up. That is
the reason why the present clamor
was not heard 20 months ago when
the railroads were seized.
Likewise. in 1916 when the coal
mines were seized. there was no gen.
eral outcry over the Presidents
action. Law. again. was on his side.
The Smith-Connally Act was in
voked in the mine seizure. While
operating the mines, the United
States gave the coal miners their
initial pension benefits.
One big general question has been
raised about the Presidents seizure
OF the steel industry without benefit
OF specific statute. That question
is: What is to prevent him from TAX
ing over some other industry at a
later date under a similar pretext?
If the Administration view of the
Presidents inherent power is cor
rect, the answer. seems to be-
nothing.
Senator Morse, Republican, Of
Oregon wants a measure defining
the Presidents seizure powers. Others
suggest cutting off funds that sup
port the present seizure. How effec-
tive either step would be in the steel
incident is questionable.