Evening star., 1952-04-29

mon Postponed in House. Poee A-3
the Government in arguments be-
fore Judge David A. Pine last
week, filed a clarifying" memo
randum.
1t was filed as attorneys for the
Government and the steel COM
panies awaited Judge Pines ruling
on the industry's request for an
injunction to void the Presidents
seizure order.
Ruling Possible Today.
There were some indications
that Judge Pines ruling might be
handed down late today.
Mr.. Baldridge's supplemental
memorandum did not use the
phrase unlimited powers" It
made clear that the
statement was aimed at answering
or offsetting protests by industry
lawyers. many members of Con-
gress and others. That storm
ragged as a result of various COM
ments by Mr.. Baldridge in court
last Thursday and Friday.
The memorandum was as fol-
lows:
This memorandum is SUBJ
mitted solely for the purpose of
clarifying the defendants posi-
ton on the constitutional ques-
ton of executive power which has
been considered in these cases. We
feel that a further statement is
Justified and perhaps necessitated
Gy misunderstanding which may
have arisen during the course Of
Ioral argument.
Brief Described as Clear.
cat no time have we urged any
view that the President possesses
powers outside the Constitution,
and our brief. filed with the court,
is clear on that point. On the
CONTRARY, we have urged that the
President must act within the
Constitution, specifically Article
II. We have shown. by historic
executive usage, legislative recog-
milton and judicial precedent that
the President possesses the con-
|stitutional power and duty to take
action in a grave national emer-
|gency such as existed here. Be-
yond this, of course, we do not
|go. If the court understood us
to say more, we respectfully ask
that this memorandum be accept
ed as the accurate statement Of
our views.
although we have insisted. and
still insist, that the constitutional
question need not be reached. par
ticularly on consideration of mo-
tions for preliminary injunction;
and that such motions may be
disposed of by the application Of
well established equity principles,
we desire to make our position on
the constitutional question very
clear in the event the court may
feel that it has duty to examine
such question"
Contends Seizure Was Legal.
Arguing before Judge Pine last
week, Mr.. Baldridge contended
that President Truman legally
seized the industry to protect the
national welfare. The Justice
Department attorney said the
President has inherent powers"
under the Constitution. He de-
clared that the Constitution limits
the legislative and judicial
branches but not the executive
authority.
He likewise held that the courts
could not enjoin such an action
by the President because "the
President is accountable only to
the country and the decisions Of
the President are conclusive"
Mr.. Baldridge said the Consti-
tuition makes a significant and
important" distinction between
the powers of the executive and
the powers of the legislative
branch.
$50, when the sovereign people
gave the powers enumerated in
the Constitution, it limited Con-
Igress and it limited the judiciary
in the Constitution" Judge Pine
asked, "it limited Congress and it
limited the judiciary, but it did not
limit the executive?"
THAT is the way we read Article
II of the Constitution, Mr.. Bald
ridge replied.
Government officials awaited
Judge Pines decision before ORDER
ing wage increase for steelwork-
ers into effect over the industry's
objections.
Commerce Secretary Sawyer,
nominally in charge of the seized
industry, was expected to notify
steel firms today that they may
apply for an average $3-a-ton
price increase if they wish.
Kefouver Offers
MARYLAND The Hand