Evening star., 1952-04-26

conclusive. Also where an executive Of
f1cer acts at the direction of the Presi+
dent in the sense that Secretary Sawyer
here is the alter ego of the President,
the courts will not interfere.
We say here that it is prohibited for
the courts to encroach upon the execu-
tive authority in situation such as we
have here, where the plaintiffs have an
available remedy but have refused to
pursue it. They have an adequate rem
edy at law in suit for just compensa-
ton under the Fifth Amendment.
Judge Pine: Doesn't that presuppose
legality of the taking?
Mr.. Baldridge: That is correct, your
Honor.
Judge Pine: How would there be
remedy II the taking was illegal?
Mr.. Baldridge: We suggested in the
hearings before Judge Holtzoff that in
tortious taking it would be an action for
damages under the Federal Tort Claims
Act.
Judge Pine: How do you answer the
argument made by your opponents to
the contrary with the citation of cases
on that point?
Mr.. Baldridge: Your honor that is
the reason I asked yesterday for a week,
not to postpone the hearing, but to
answer the briefs that were served on
us about 10 minutes before court con-
vened yesterday. have not read the
memorandum nor have had an oppor-
tunity.
Judge Pine: Well, as I indicated YES
terday if there had been objection to
the filing of the briefs you should have
made objection at the time they were
attempted to be filed.
Mr.. Baldridge: Well, I think your
honor Is entitled to all the help in this
important situation that counsel on
either side can give you. 1t is not only
an important problem, it is an exceed
ingly difficult one
Judge Pine: agree with you.
Mr.. Baldridge: There are no clear
cut lines OF authority either way. We
have presented in our memorandum and
somewhat at least to date in oral argu-
ment. cases that we think are applicable.
and the executive and legislative history
which plaintiffs cavalierly tossed off as
being meaningless. We think. in consti-
usage are important in determining
what is the law
Judge Pine: But you said yesterday
that you were unable or unwilling or not
authorized to maintain the status quo
for the length Of time required to hear
the case.
Mr.. Baldridge: I said I was not able
to make commitment on the status quo
insofar as the situation with respect to
terms and conditions of employment is
concerned.
I want to advert to that later. The
proposed change in terms and condi-
tions of employment by the Secretary of
Commerce. with the approval of the
President, is not one-way street. It is
contemplated at the same time that an
adjustment in the way of the Capehart
benefits will be made in the way of a
price increase for steel at approximately
the same time q wage increase may be
put into effect.
AS to when wage increase and a
Capehart increase on price would be put
into effect, if it is put into effect, do
not know. This situation is one that
f1uctuates from day to day. There are
tremendous number of people, a tre-
mendous number of agencies, that are
interested in it. that are working on it.
that are attempting to solve most diff
cult situation, and situation that exists
today may in some feature or another
be changed tomorrow.
I just can't give the Court, as I sug-
gested yesterday, any assurance that the
status quo will be maintained until such
time as this Court has had an oppor-
tunity to act on the pending motions. I
am sorry can't.
Judge Pine: Well. shall then have
to act on the motions as expeditiously as
possible, consistent with a complete,
calm and deliberate understanding Of
the case, and make a decision on the
case. But cannot assure you that that
will be week. My impression is that
it will be much less than week. because
think the exigencies Of the case require
that indeed justice requires-prompt
decision.
Mr.. Baldridge: I agree with your
Honor