Evening star., 1952-05-04

4AAC OIOCI CdlI1C OIlIy d lew
hours after President Truman
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Views Of Majority ond Dissenters on
Supreme Court Steel Order. Poee "A
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warned union and industry ne
gotiators that the Government
would raise wages Monday unless
the labor dispute was settled.
The tribunal granted petitions
for review of District Court Judge
David A. Pines ruling that the
Presidents seizure order of April
8 was illegal and unconstitutional.
1t set May IL for hearing argu-
mentS.
Justices Burton and Frank
furter dissented. They felt the
constitutional issue should have
been acted on first by. the United
States Court of Appeals.
Industry Request Granted.
The high court unanimously
granted Justice Department
motion to continue a stay which
since last Wednesday has kept
the steel mills in Government
possession despite Judge Pines in
functions. That will remain in
effect until the case is disposed
of, the court directed.
The real jolt to the Govern
ment occurred when the court
granted induStry's request to pre-
vent wage increases and changes
in working conditions. That ban
thus leaves wages and employ
ment terms exactly where they
were when the plants were seized.
It means they cannot be changed
by the Government during the
stay period unless the companies
agree.
The courts comparatively swift
action was all the more unusual
because the current term would
ordinarily end about June /. The
court recently said it planned to
hear no more oral arguments but
expected to hand down remaining
opinions every Monday until the
summer recess.
The order yesterday gave no
indication how soon the court
might decide the steel seizure case
after hearing arguments a week
from tomorrow. Ordinarily, each
side is allotted an hour or two
for oral arguments.
Both Sides Ask Review.
The industry as we'll as the
Government urged the Supreme
Court in petitions last Friday to
review Judge Pines decision. The
companies want the. decision up
held, together with a clear-cut
ruling on the constitutional ques-
ton of the Presidents power to
seize private property.
Justice Department attorneys,
pressing for reversal of Judge
Pines opinion, contended that
under the circumstances the
President acted within his con-
Stitutional power to take emerg-
ency action for national welfare.
They argued also that the con-
stitutional question was not the
immediate issue for Judge Pine
to decide. The main point in such
temporary injunction proceedings,
they said, was whether the steel
companies could show they would
suffer irreparable damage. A
further question was whether such
possible damage outweighed prob
able injury to the public interest,
the Government lawyers added.
The nine justices discussed the
review petitions and stay motions
at a closed conference from II
am. to 2 pm. Until pm. there
was no announcement that a de-
cision had been reached or that
it would be disclosed before the
regular opinion day tomorrow.
The order was given out in written
form instead of being read in
open court.
Granting a review of lower court
decisions, the Supreme Court fire.
quently has explained, does not
necessarily mean that any or all
of the justices have made up
their minds on the merits of a
case. It signifies merely that at
least four of the nine justices be-
lieveS the issues are sufficiently
important or debatable to justify
detailed consideration.
Additional Memorandum.
Shortly before the justices
gathered for their regular Satur-
day conference, which usually
lasts less than two hours, the
steel companies submitted an ad-
ditional memorandum.
This urged the tribunal to ig-
more Government warning that
Steelworkers might strike if wage
increases were banned during the
stay Of Judge Pines order or until
the Supreme Court itself handed
down a final ruling.
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