Evening star., 1952-05-10

while American ENJOYS were in Europe
to negotiate peace-the American people
did not ask whether Jackson had au-
thority, knowing he did not-but they
approved what he did. In rapid sue
cession they made him prosecuting at
torney. judge, commanding general,
Senator and President"
Esther Ruth Perling.
A majority of the Circuit Court of
Appeals discredited, without deciding,
the correctness of Judge Pines decision
in the steel case. 1t quotes from United
States VS.. Russell, decided in 1871. In
that case an Army officer had COM
mandeered steamboat to move military
supplies during the Civil War.
In upholding this temporary seizure
of property, the Supreme Court in the
Russell case twice said that other means
must not be available to the Government.
In the steel case the Taft-Hartley law
was available. The Circuit Court major.
ity failed to mention this distinction.
Moreover, the emergency must be un-
foreseen. The steel strike was foreseen
for three months.
1t has been Anglo-Saxon law for CEN
turies that sheriff can force civilians
to help arrest man seen committing
a crime. A fire chief may destroy build
ingS to prevent fire spreading across
city.
But as said in the Russell case, the
danger must be Imminent" the need
for action extreme" imperative" "inn-
perious" and "such as will not admit of
delay or resort to other means" If
these facts do not exist, the action of
the Government official is unlawful
The fact that President Truman does
not like the Taft-Hartley Act, which is
the law of the land he has sworn to
execute, does not give him, the right to
operate steamboats, or steel mills.
Samuel B. Pettengill.
Judge Pines decision in the steel case
will rank with the Magma Carta and the
Declaration of Independence.
It has a crystalline quality in both
thought and expression. So clear is his
reasoning, that a grade-school child
could follow 1t. So sound are his deduc-
tions, that every lover of justice is
brought to his feet in salute.
It now remains to be seen whether
out of New York so abundantly with
ideas of twisting the structure OF this
Republic out of shape, the FeinSingerS
and the Perlmans, will be able to put
their propositions over with the Supreme
Court. God forbid! The bulk of Ameri-
cans want Judge Pines brand of justice.
He has renewed our confidence in the
judiciary. Long may he sit on the
bench! School Teacher.
Reading the advertisement, "In Sup
port of the teel-Workers, CIO," in
The Star, May l, am wondering how
you can accept such subtle un-Ameri-
can propaganda as the International
Association of Machinists of the A. F.
of L. have written in A. J. Hayes letter
to Phillip Murray.
Mr.. Hayes says they were shocked
and amazed" at Judge Pines decision.
Presumably they had an idea that no
judge would have the temerity to prop
erly interpret the law if it conflicted
with the authority of President.
Judge Pines decision did more than
any other thing to fill with joy and
thankfulnesS the hearts of all patriotic
citizens, who thank God our courts up
hold our Constitution, which such men
as Phillip Murray and other interna-
tional-minded union bosses would like
to see replaced by Socialist or totali-
tartan government with a dictator.
If the rank and file of all unions
understood the truth and not the false