Evening star., 1952-04-26
Baldridge Replies.

VI ScCClllg SuCn disputes.
Baldridge Replies.
Mr.. Baldridge replied that the
Taft Hartley Acts processes were
too slow" to have stopped the
strike in the critical phase. The
Presidents seizure of the steel
plants on April 8 was the only
alternative to a general walk k-out,
he said.
Except for seizure, Mr.. Ball
bridge said. there twas no other
method available" for heading off
disastrous halt in production at
a critical period in the Nations
history.
He insisted the President was
within his broad executive powers,
backed by numerous precedents.
At the end of two days of de-
bate. the judge said yesterday
afternoon he would consider the
case to the exclusion of other
matters. A decision, he said,
could take a week or more. but he
hoped to file a written opinion in
a few days.
Attorneys Pack Court.
The debate over the Executive
powers of the President took a
sensational turn in a courtroom
packed with attorneys.
At one point Mr.. Baldridge
stated that 1T is our position that
the President is accountable only
to the country, and his decisions
are conclusive"
In reply, Attorney Theodore
Kiendl, representing United States
Steel, said such an idea was con-
ltrary to all American democratic
principles of Government" He
called it a Shocking and amazing
assertion that Congress and the
Judiciary may operate under lin
tied powers, but not the Chief
Executive.
Mr.. Kiendl, spokesman for the
largest of six companies who are
seeking temporary injunctions.
declared heatedly that this con-
|ception of Government practically
amounts to the assertion of royal
Iprerogatives."
Questioned on Powers.
Mr.. Baldridge was asked by the
court if he believed the Constitu-
ton Limited and enumerated" the
powers of the Government.
"That is true with respect to
legislative powers" he replied.
But not true of the Executive?"
Mr.. Baldridge replied that lin
sofar as the Executive is con-
cerned, all executive power is vest
ed in the President.
Insofar as legislative powers are
concerned, Congress has only
those powers as are specifically
delegated to it plus the implied
powers to carry out the specifically
enumerated powers" @
Judge Pine said. 80 when the
sovereign people gave the powers
enumerated in the Constitution it
limited Congress, it limited the
judiciary, but it did not limit the
Executive?"
Points to Article III.
THAT is the way we read Ar
ticle II of the Constitution" Mr..
Baldridge responded.
II see." said the court. IT
have never heard that expressed
in any authoritative opinions in
any court. If you have any,
would certainly like to hear
them"
The Government counsel cited
the case where the State of Mis-
sissippi after the Civil War tried
to block the operation of the Post
war Reconstruction Act there on
the grounds the act was uncon-
Stitutional.
The Supreme Court, he said,
refused to enjoin either the Presi-
dent or his military commander
from enforcing the law on the
ground they were performing
purely executive or military
duties" The court ruled, Mr..
Baldridge said, that the acts of
the Executive were legal whether
or not the law was constitutional.
The Supreme Court ruled on
this occasion, Mr.. Baldridge con-
that "the Congress is the
legislative department of the Gov
ernment. The President is the
department. Neither
can be restrained in its action by
the judicial department. :"