Evening star., 1952-05-13

IN SteeI Sose. Po9e A.
not suffered and will not suffer
irreparable injury from the
seizure.
"A lot of fantastic hobgoblins
are erected in their affidavits, -
Mr.. Perlman declared. But none
has any real basis. The COM
panies claim all sorts of damage,
but they haven't shown it."
Davis Awaits Turn.
John w. Davis awaited his turn
to address the court for another
hour in behalf of the industry's
contention that President Tru-
mans April 8 seizure order was
unconstitutional and illegal.
The frock-coated Mr.. Perlman
used his remaining time mainly to
attack the injunction aspect of
District Court Judge David A.
Pines ruling April 20. The Su-
preme Court expected late today
to finish hearing oral arguments
in the appeals from Judge Pines
ruling that the seizure order was
unconstitutional and lacked sup
port in statutory law.
When Mr.. Perlman contended
that the companies would suffer
no irreparable injury under the
seizure, Chief Justice Vinson broke
in to ask whether Secretary of
Commerce Sawyer could make any
change in the the Government
operation procedure.
eyes. in one way" Mr.. Perlman
replied. Frankly. it is proposed
to change working conditions. It
may or may not cause damage to
the companies. If it does cause
damage, then the resources of the
United States Government are be-
hind the companies to recover any
damages later in court"
Measuring of Damages.
Chief Justice Vinson wanted to
know how any such damages
might be measured. He partic-
ularly wanted to know how a de-
termination of recoverable dam
ages could be made in event of an
increase in wages.
The Solicitor General explained
that the courts would determine
in each case as it arose, that ex-
tent of damages and all pertinent
factors in arriving at compensa-
ton if justified.
Asserting that Judge Pine erred
in granting an injunction to pre-
vent Secretary Sawyer from car.
rying out the seizure order, Mr.
Perlman based that argument or
1.-TWO points. The first was that
the companies have an adequate
remedy in the Court of Claims OF
under the Federal Tort Claims
Act to sue for any damages. The
second was that the companies
failed entirely in District Court
to prove any irreparable damage
Their claim to irreparable
damages is negatived by al
similar circumstances in pas
seizures by executive order" Mr.
Perlman contended. There were
no irreparable damages in tht
taking over Of the coal mine.
and other industries"
Asks for More Time.
The questioning by severa
justices became so brisk that MI
Perlman requested additiona
time to complete his argument
He said he especially wanted tt
talk more about the Taft-Hartle,
Act and the reasons Presiden
Truman did not invoke it to pre-
vent a steel strike.
! Chief Justice Vinson denied tn
request so far as the general argu
ment was concerned. But h
GRANTED Mr.. Perlman an oppor
tunity to answer further question
relating not only to Taft-Hartle,
but also as to whether the De
fense Production Act was legal,
available to President Truman il
the steel case.
The Supreme Court late yester
lday authorized an added starte
lin the oral arguments. It granite,
Ia request by the Steelworker.
Union to present it's views TO
an hour. particularly concernin
the Taft-Hartley Act and tn
Question of raising wages durin
seizure. Arthur j. Goldberg, tn
unions general counsel. will ad
Idress the court.
AS at yesterdays session, a rec
ord crowd filled the courtroom
land long lines waited outside il
the hope of getting in. It in
Icluded several members of Con
gress, as we'll as numerous law
yers not directly identified wit
the case.