davidaulloa/AmericanStories huggingface dataset:
Evening star., 1952-06-03

previously refused to adopt the
method which the President used.
/ Turning to the claim of general
constitutional power to order an
emergency seizure of this kind,
Justice Black held that the action
could not be justified under the
Presidents constitutional status
as Commander-in-Chief of the
Armed Forces. t.s
Nor could the seizure be Sus-
tanned under the various other
constitutional provisions granting
power to. the President. he said.
Some Reservations.
Justices Jackson and Clark, both
several general reservations or
warnings as to the scope of the de-
ciSion.
Justice Clark, explaining that he
did not wish to quibble over such
terms as inherent" or residual
powers, said the Constitution does
former Attorneys General, believed
that the President went too far in
this instance but they expressed
grant the President an extensive
authority in times of grave and
imperative emergency.
He felt, nevertheless, that Con-
gress laid down specific procedures
to deal with the type of crisis that
confronted President Truman in
the steel situation and that the
President did not follow them.
Justice Jackson referred to the
comprehensive and underlined
powers" of the President. He
warned also against "confounding
the permanent executive Office
with its temporary occupant" But
he emphasized that the court could
properly sustain the President in
this case only by holding that seiz-
ure Of strikebound industries was
solely within presidential domain
and beyond the control of Con-
gress. He declared he was un-
willing to make such a finding.
More than any of the other
members Of the court, Justice
jackson seemed to put a great part
of the steel problem squarely up
to Congress.
II have no Illusion" he said,
that any decision by this court
can keep power in the hands of
Congress. if it is not wise and
timely in meeting its problems.
We may say that power to legis-
late for emergencies belongs in
the hands of Congress-, but only
Congress itself can prevent power
from slipping through its fingers" ;"
Justices Douglas and Frank
furter expressed confidence that
President Truman acted with
genuine concern for the best in
iterests Of the Nation. But they
warned that the steel seizure, il
upheld by the Supreme Court,
might give a dangerous prece-I
dent for future abuses by a dc
tatorial-minded President.
Justice Burton centered his
concurring opinion on a belief
that President Truman could
have and should have used the
Taft Hartley Act to avert the
threatened steel strike. He said
also that the President could not
Justify the seizure on the ground
lof any imminent invasion or
Threatened attack by an enemy
Ination.
Evening star., 1952-06-03

procedures, exclusive Of seizure,
for his use in meeting the
present type of emergency. Con-
gress has reserved to itself the
right to determine where and
when to authorize the seizure of
property il meeting such an
emergency. Under these cir
|cumstances the Presidents order
invaded the jurisdiction Of Con-
|gress. 1t violated the essence of
the principle of the separation Of
powers"
Evening star., 1952-06-03
No Statute Prohibits
Seizure as Method

There IS no statute prohibit
ing seizure as a method of en-
forcing legislative programs.
Congress has in no wise indi-
Gated that its legislation is not
to be executed by the taking of
private property (subject, of
course. to the payment of Just
compensatory if its legislation
cannot otherwise be executed.
Indeed, the Universal Military
Training and Service Act au-
thorizes the seizure of any plant
that fails to fill a Government
contract or the properties of any
steel producer that fails to al
locate steel as directed for de-
tense production And the De-
fense Production Act authorizes
the President to requisition
equipment and condemn real
property needed without delay
In the defense effort.
Where Congress authorizes
seizure in instances not neces-
sarily crucial to the defense pro-
gram, it can hardly be said to
have disclosed an intention to
prohibit seizures where essential
to the execution Of that legisla-
tive program.
Whatever the extent of pres
idential power on more tranquil
occasions. and whatever the
right Of the President to execute
legislative programs as he sees
At without reporting the mode
Of execution to Congress. the
single presidential purpose dis
closed on this record is to faith
fully execute the laws by acting
In an emergency to maintain
the status quo. thereby prevent
ing collapse Of the legislative
programs until Congress could
act.
The Presidents action served
the same purpose as a judicial
stay entered to maintain the
status quo in order to preserve
the jurisdiction of a court. In
his message to Congress imme-
diately following the seizure.
the President explained the ne
ceSsity Of his action in executing
the military procurement and
anti imitation legislative pro-
grams and expressed his desire
to cooperate with any legisla-
tive proposal approving. regu-
lating or rejecting the seizure Of
the steel mills. Consequently,
there is no evidence whatever
of any presidential purpose to
defy Congress or act in any
inconsistent way with the legis-
lative will.
Evening star., 1952-06-03

legislative ma Justice Deusias.
tllre Of the action taken by the
President seems to me to be clear.
When the United States takes
over an industrial plant to settle
q labor controversy it is con-
demning property. Seizure Of the
plant is q taking In the Consti-
tutional sense.
q. A permanent taking
would amount to the nationaliza-
ton of the industry. A temporary
taking falls short Of that goal
But though the seizure Is only
for q week or q month the con-
demnation is complete and the
United States must make compen-
|sation for the temporary posses
sion.
". II we sanctioned the
|present exercise Of power by the
President we would be expanding
Article II of the Constitution and
rewriting it to suit the political
Of the present eI11er-
|gency.
''The great Office of President
lis not a weak and powerless one
The impact Of the man and
the philosophy he represents may
at times be thwarted by Congress.
Stalemates may occur when emer-
gencies mount and the Nation
suffers for lack Of harmonious
reciprocal action between the
White House and Capitol Hill.
That is a risk inherent in our
system Of separation of powers.
The tragedy of such stalemates
might be avoided by allowing the
President the use Of some legisla-
tive authority. The trainers. with
memories of the tyrannies pro-
duced by a blending of executive
and legislative power, rejected
that political arrangement. Some
future generation may, however,
deem it so urgent that the Presi-
dent have legislative authority
that the Constitution will be
amended.
I'VE could not sanction the
seizure and condemnations of the
steel plants in this case without
reading Article II as giving the
President not only the power tt
execute the laws but to make
same"
Justice Frankfurter. concurring
'It is not a pleasant judicia'
duty to find that the President
has exceeded his powers, and still
less SO when his purposes were
Evening star., 1952-06-03
Compares Steel Seizure
To Draft Disruption

Seizure OF plaintiffs property
is not a pleasant undertaking.
Similarly unpleasant to a free
country are the draft which dis
rupts the home and military
procurement which causes eco
nomic dislocation and compels
adoption of price controls, wage
stabilization and ALLEGATION of
materials. The President in
formed Congress that even q
temporary Government opera
tion of plaintiffs properties was
Thoroughly distasteful" to him
but was necessary to prevent
immediate paralysis Of the
mobilization program.
Presidents have been, in the
past, and any man worthy Of
the Office should be, in the flu
ture, free to take at least in
terim action necessary to execute
legislative programs essential to
survival of the Nation. A sturdy
judiciary should not be swayed
by the unpleasantness or un-
popularity of necessary execu-
tive action, but must inde-
pendently determine for itself
whether the President was act
ing, as required by the Constitu-
ton, ''to take care that the laws
be faithfully executed"
AS the District Judge stated,
this is no time for timorous ju-
dicial action. But neither is this
a time for timorous Executive
action. Faced with the duty of
executing the defense programs
which Congress had enacted and
the disastrous effects that any
stoppage in steel production
would have on those programs.
the President acted to preserve
those programs by seizing the
steel mills. There Is no question
that the possession was other
than temporary in character
and subject to congressional di-
rection-either approving, dis
approving or regulating the
manner in which the mills were
to be administered and returned
to the owners.
The President Immediately in
informed Congress of his action
and clearly stated his intention
to abide by the legislative will.
No basis for claims of arbitrary
action, unlimited powers or die
tatorial usurpation Of congress
sional power appears from the
facts of this case. On the con-
trary. judicial, legislative and
Executive precedents throughout
our history demonstrate that. in
this case, the President acted in
full conformity with his duties
under the Constitution. Accord
ingly, we would reverse the order
of the District Court.
Evening star., 1952-06-03
Curb on Presidents
Emergency Powers
BY Ruling Is Doubted
By Robert K. Welsh

The Supreme Courts 6-to-3 de-
cision that President Truman ex-
ceeded his constitutional powers
and lacked statutory authority to
seize the steel industry was
studied today for its long-range
meaning.
It's immediate effect was obvi-
ous-a serious setback for the
President and a strike of CSC, ,000
steelworkers.
But the more than 10000 words
in the majority, concurring and
dissenting opinions led some au-
thorities to believe that the court,
while ruling decisively against
this particular presidential ac-
ton, did not slam the door on
every emergency exercise of au-
thority by the Chief Executive.
The court judgment. written by
Justice Black, upheld the ruling
of District Court Judge David A.
Pine that the seizure order of
April 8 was invalid. It agreed
with him that the President had
no right. under the Constitution
or in any specific act of Congress,
to do as he did under the cir
cumstanceS of the steel case.
Justices Frankfurter. Douglas,
jackson, Burton and Clark con-
curing with Justice Black, did
not reach that result by exactly
the same reasoning in every in
stance.
But they agreed that, in the
seizure of the steel industry the
Executive either improperly in
vaded the legislative field or failed
to follow lines laid down by Con-
|gress for coping with labor man
|agement disputes.
Chief Justice Vinson, Joined by
Justices Reed and Minton, dis
scented. The majority view, they
declared. put the President in the
category Of q messenger boy.
They contended that MIR. Truman,
in this instance, had not only q
constitutional right but a positive
duty to seize the steel mills to
avert a strike that would have
stopped production essential to
national and world security.
Seldom IN Supreme Court his
tory has the tribunal been so
stepped in a sense of history-as
well as a more-than usual secrecy
AS it was yesterday.
First Order Of Business.
A moment after the nine JUS
tices assembled the bench, Chief
Justice Vinson announced that
the customary admission of at
torneys to practice before the tri-
bunal would be delayed until later
in the day. He nodded to Justice
Black, the courts senior associ-
ate justice. who began reading
for the majority.
Printed copies of the bulky
opinions had been kept in special
box. This was not delivered to
the newspaper reporters room
until Justice Black began reading.
No Specific Power.
He declared that the court ma
jority agreed with Judge Pine that
the constitutional issue was ripe
for determination. He observed
that the President concededly did
not rely on any specific congress
sional enactment in ordering the
seizure. But Justice Black main
|tained, moreover, that Congress
Evening star., 1952-06-03

CAAACA SCAACy. =
In describing
this authority,
] care not
whether one
calls it residual,
inherent. moral,
implied, aggre-
gate, emergency
or otherwise.
I am Of the
conviction that
those who have
had the grati-
flying expert
enca 0f hein0
tina prncidavf,S
Evening star., 1952-06-03

ample to en-
ce t h i S
crisis, I am
q ute unim-
pressed W i t h
the argument
that we should
affirm posses
sion Of them
without statute.
Such pow e r
either has no
beginning or it
has no end. II
it exists, it need
submit to no
Evening star., 1952-06-03
Excerpts From Steel Opinion

preserving free government ex t
that the Executiv, be underk le
law and that the la, He made 5y
parlimentarily delibei,, IN.
"Such institutions may be de-
stined to pass away. But it is the
duty Of the Court to be last, not
first, to give them up"
Justice Clark, concurring:
I'm my view, the Constitution
does grant to the President ex-
tensive authority in times of
grave and imperative national
Evening star., 1952-06-03

Of what might
be the Presi-
dents conStitu-
tional power to
meet such ca
taStrophic situ-
ations. .
"The con-
trolling fact
here is that
Congress. with
in its cOnStitu-
tionally dele
gated power,
has prescribed
for the Presi-
dent specific
Evening star., 1952-06-03

The Supreme Court justices had
some pungent comments on the
steel controversy. Excerpts from
the opinions follow:
Justice Douglas, concurring:
'Today's kindly President uses
the seizure power to effect a wage
increase and to keep the steel
furnaces In production. Yet to-
Evening star., 1952-06-03
Strikers at Groin Ask Meals

When money began running
short among 5000 strikers at the
lsite Of a big oil refinery at Grain,
England, they demanded meal
tickets from the National AS
Isistance Board.
Evening star., 1952-06-03
Reviews Authority
Given to Wage Board

The President authorized the
Wage Sterilization Board,
which administers the wage
sterilization functions Of Title
Nv of the Defense Production
Act, also to deal with labor dis
putes affecting the defense pro-
gram. When extension of the
Defense Production Act was be-
fore Congress in 1851, the chair
man of the Wage Sterilization
Board described in detail the
relationship between the Taft
Hartley procedures applicable to
labor disputes imperiling the
national health and safety and
the new WSB dispute procedures
especially devised for settlement
of labor disputes growing out Of
the needs Of the defense pro-
gram.
Aware that a technique sepa-
rate from Taft-Hartley had
been devised, members of Con-
gress attempted to diveSt the
WSB Of its disputes powers.
These attempts were defeated
in the House. were not brought
to a vote in the Senate and the
Defense Production Act was ex-
tended through June 80, 1852,
without change in the disputes
powers Of the WSB. Certainly
this legislative creation of a
new procedure for dealing with
defense disputes negatives any
notion that Congress intended
the earlier and discretionary
Taft-Hartley procedure to be an
exclusive procedure.
Accordingly, as of December
20, 1851, the President had a
choice between alternate pro-
cedures for settling the threat
ened strike in the steel mills:
One route created to deal with
peacetime disputes; the other
route specially created to deal
with disputes growing out of
the defense and sterilization
program. There is no question
OF by-passing a statutory pro-
cedure, because both of the
routes available to the President
in December were based upon
statutory authorization. Both
routes were available in the steel
dispute. The union. by refusing
to abide by the defense and sta
bilization program, could have
forced the President to invoke
Taft-Hartley at that time to
delay the strike a maximum of
80 days. Instead, the union
agreed to cooperate with the
defense program and submit the
dispute to the Wage Stabiliza-
ton Board.
Plaintiffs had no objection
whatever at that time to the
Presidents choice of the WSB
route. As a result the strike
was postponed, a WSB panel
held hearings and reported the
position Of the parties and the
WSB recommended the terms of
q settlement which it found
were fair and equitable. More
over, the WSB performed q
function which the board Of
inquiry contemplated by Taft
Hartley could not have accom-
plished when it checked the
recommended wage settlement
against its own wage stabiliza-
tion regulations. issued pursuant
to its stabilization functions
under Title w of the Defense
Production Act. Thereafter,
the parties bargained on the
basis of the WSB recommends
Evening star., 1952-06-03

d l c t a t e d by
concern for the
Nations we'll
being in the as
sured cow ic-
ton that he
acted to avert
danger.
"But it would
stultify one S
faith in our
people to en-
tertain even q
m o m e n t a r y
fear that. the
patriotism and
Evening star., 1952-06-03
Only Course Consistent
With Presidents Duty

When the President acted on
April 3 he had exhausted the
procedures for settlement avail
able TO him. Taft-Hartley was
a route parallel to. not con-
Evening star., 1952-06-03

m orrow an
other President
might use the
same power to
prevent q wage
|increase, to
curb trade
|unio nistS, to
regiment labor
las oppressively
as in du S try
thinks it has
been regiment
ed by this seiz-
ure. !"
{" The
Evening star., 1952-11-19
Lie Detector Tests
For Firemen Opposed

The Petworth Citizens Associa-
ton last night opposed the dan
gerous precedent" of having the
District f1remen submit to lie de-
tector tests after major fires"
Harvey o. Carver said that, even
II tests were voluntary. the present
system Of each fireman filing a
report as to his participation in
the engagement is sufficient.
He asserted there has been no
occasion in the past to distrust
the firemen. The policy would re-
fleet upon the honor and integrity
of the entire department, Mi. Car
yer said
In other business, the group
called for suspension of fluorida-
tion of the Districts water supply
until the merits of f1uoridation are
definitely established.
Hord Mayo was installed as new
president of the association.
The meeting was held in the
Barnard School. Fourth and De-
catur streets NV.
Evening star., 1952-11-19
Citizen Group Would Curb
Use Of More LARGE Buses

The Cathedral Heights -Cleve-
land Park Citizens Association last
night opposed the introduction of
additional large buses by the Capt.
tai Transit Co. where parking must
be eliminated to accommodate
them.
The association also indorsed
the Citizens Advisory Council pro-
posal that public hearings be held
on the subject.
The group also objected to the
section of the proposed revision
Of the Narcotic Drugs Act that
would make illegal the possession
Of hypodermic needles without a
certificate. However, the members
agreed the penalties for violation
should be increased.
The association voted to dis
pense with its December meeting.
Mrs. Walter Sellers, president,
conducted the meeting in St.
Adams Church Parish, Massa-
chusetts and Wisconsin avenues
NV.
Evening star., 1952-11-19
Loven 10 Ask Clearer
Lines Of Authority
For Defense Secretary
By John A. Giles

Defense Secretary Lovett soon
will forward to President Truman
q long list Of suggested changes
In the military establishment. in
Guiding the Joint Chiefs Of Staff
Mr.. Lovett. after some IA
months as Secretary. following a
year as deputy secretary. Is said
to have come to the conclusion
that clearer lines of authority
must be drawn for the defense
chief in the vast. sprawling de-
partment.
The original. compromise unfit
cation act allotted to the Secre-
tary q sort of co-ordinator'S role.
but amendments passed by Con-
gress in 1949 strengthened his
hand. The present appropriation
act also went a step further in
the fields Of procurement, supply
and distribution.
Personal Views.
What actions will be taken on
the Lovett recommendations will
depend largely on Mr.. Truman,
but it appears certain that Mr..
Lovett's successor in the Eisen-
hover administration also will
draw on them. The recommended
tionS will be the Secretary's per-
sonal views. No one has assisted
him in preparing them.
1t is not believed that Mr.. Lovett
will go along completely with the
proposal of DR.. Vannevar Bush
with reference to the Joint Chiefs.
The president of the Carnegie In
stitution and former chairman of
the Research and Development
Board proposed that the top mill
tary planning organization be di-
vested Of their operational duties
rs chiefs of their services and be
exclusively concerned with high
strategy planning for defense Of
the country.
Sees Biased Views.
DR.. Bush contended the chiefs
are entirely too much wrapped up
In their duties in running the
Army. Navy and Air Force and,
therefore, cannot take an overall.
unbiased view. He would replace
them as operational chiefs with
other high officers.
Mr.. Lovett also may recommend
a military staff for the Office of
the Secretary of Defense. Present
law drastically curtails the size of
the staff.
In the monetary field, Mr.. Lovett
is said to feel strongly that some
sort Of amortization should be de-
vised where payments for capital
investments should be spaced out
over a period Of years, rather than
being paid in a lump sum in
single years budget. He would
adopt a form of commercial f.
nancing for such projects.
Evening star., 1952-11-19
RoiIrood Earnings Cited

CHICAGO.-Class I railroads in
the United States. those with
more than 81 million income an
nually, operate So per cent of the
trackage and earn about 80 per
cent Of the total annual railway
revenues.
Evening star., 1952-11-19
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Innerspring Studio Sleeps .

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Fabrics cut above anything you'd expect for this price,
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Evening star., 1952-07-23

Evening news broadcast, d.
rect from The Stars news
room, Monday through Friday
over Stations WMAL and
WMAL-FM: 6 pm.
Evening star., 1952-07-23
New York College Student
Held for Bomb Scares
BY the Assoeiuted Press

NEW YORK, July ga 19-
year-old college student. accused
Of causing dozens Of bomb scares
for thrill, was held at Bellevue
Hospital today for observation.
The youth, Seymour Bennett OF
the Bronx, was ordered to the
hospital yesterday by Magistrate
Abraham M. Bloch.
BENEFITS father, Charles, told
the judge he had intended to
take the youth to a doctor today.
He said his son had been upset
because he was about to funk
his summer course at City Col
lege.
Police reported that the student
admitted making many false bomb
reports during the past IL months
to get thrill and said: "It seems
that when I have dizzy spells,
headaches or the like, I would
keep prowling the streets and
make phone calls" Bennett, a
freshman. was booked on a dis
orderly conduct charge.
Police have been plagued by a
series Of anonymous telephone
calls that bombs were about t.
go off in railroad and bus termi-
nails, theaters, churches and other
places. Bennett was trapped BY
two telephone company investiga.
tors Monday night as he was leav.
ing a phone booth in the Bronx
Evening star., 1952-07-23
Here's Latest Stutus
Of Roller Derbies
By HoI Humphrey

HOLLYWOOD.-As the moral
in many Hollywood movies fire.
quently points out-money does
not necessarily bring happiness.
Take the case of the brothers
Leo and Oscar Seltzer, for ex-
ample. Last year their televised
ROLLER Derby" shows crossed
SO, 100000. Yet according to a
fellow answering to the name OF
Elmer Elbows" Anderson, the
Settlers are so unhappy they may
even close up shop and never look
at another roller skater.
Elbows, as he prefers to be
called, has been skating for the
Settlers Roller Derby" since
1886, but a month ago he hung
up his skates, to become their
press agent and sing the sac
praises of his bitter employers.
"Just think of it," says the
despairing Elboks. Here we've