davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

Of delay in construction Of
buildings essential to its oper-
alton. This program is i'm
portant to the security Of the
Nation. Other planned space
programs will be delayed or
threatened with delay by a
continuation Of the strike.
"(C) Nuclear submarines
and the naval shipbuilding
program other than sub
marines, including new con-
struction. modernization, and
conversion, have been af-'
fected by reason Of the IN
ability to secure boilers,
compressors, and other COM
ponent parts requiring steel.
Products Of the steel industry
are indispensable to the
manufacture of such items
and delay In their produc-
ton will irreparably injure
national defense and imperil
the national safety.
"O) Exported steel prod
ucts are vital to the support
Of the United States bases
overseas and for the use of
NATO allies and similar COL
lective security groups. The
steel strike, If permitted to
continue, will seriously i'm
pair these programs. thus
imperiling the national
safety.
"(E) A continuation of the
strike will have the ultimate
effect of adversely affecting
millions Of small business en-
terprises, almost all of which
are directly or indirectly de-
pendent upon steel products
and most Of which lack the
resources to stock large in
ventories. In addition, II
will have the effect of idling
millions of workers and q
large proportion of the ia
cilities in industries depend.
ent upon steel for their con.
tinued operation. Manufac-
turing industries directly de-
pendent on steel mill prod
ucts account for the employ
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

to make the Federal judiciary
a rubber stamp for the Presi.
dent. His findings are entitled
to great weight and I, along
with my brethren. accept them
insofar as national safety" Is
concerned. But 1t is the court,
not the President. that is en-
trusted by Article III Of the
Constitution to shape and
fashion the decree.
If a Federal court is to do
it, it must act in its traditional
manner, not as a military COM
mander ordering people to
work willy-nilly, nor as the
Presidents administrative as
sistant. If the Federal court is
to be merely an automaton
stamping the papers an Attor-
ney General presents, the judi
cial function rises to no higher
level than an IBM machine.
Those who grew up with equity
and know its great history
! See OPINION, Page ALI
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08
Text Of Courts Ruling Calling Strike Peril to Nation

putes whenever that broad and
all-inclusive concept Of the pub
lie welfare is impaired. The
words used-"national health
or safety"-are much narrower.
Congress in the same act
knew how to speak when 1t
spoke all-inclusively. The pol
Icy statement in the Labor
Management Relations Act Of
le47 speaks In broad terms.
There Is q declaration in the
preamble that neither party
has any right in It's relations
with any other to engage In
act or practices which jeopar-
die the public health. safety
or interest" 81 Stat. 1856. The
words public interest"
cover i've titles Of o far-reach-
Ing regulatory measure. Yet
when Congress came to define
the jurisdiction Of courts to
intervene In strikes or lock-
outs 1t spoke In more restricted
terms, combining the judiciary
TO injunctions where there is
impending peril to "the ma
tional health or safety"
That marrow reading is. in
deed, the only one that can be
squared with Senator Taft's
explanation Of the use Of an
Injunction In q strike situa-
ton. The strike. he said, must
not only affect substantially
ian entire industry" 1t must
also 'imperil the national
health or safety. q condition
which 1t IL anticipated will not
often occur" Yet II national
health" includes the public
welfare, injunctions will issue
whenever any important in
dustry 10 involved-whether II
be steel or automobiles or Goa
or any group Of industries
where one union makes col
lective agreements for each o.
the component unions.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

the necessity Of q prompt adju-
dication in This case.
'The evidence in this regard
is reflected in the District
Courts findings Of fact Nos. Is
(a), (b). (c). and Cd. as fol-
lows:
"(a) Certain items Of steel
required In top priority military
missile programs Of the United
States are not made by any
mill now operating, nor avail
able from any inventory or
from imports. Any further
delay in resumption Of steel
production would result in an
irretrievable loss Of time In the
supply of weapons systems es-
sential to the national defense
plans of the United States and
its allies.
"(b) The planned program
of space activities under the
direction Of the National Aero
nautics and Space Administers
ton has been delayed by the
strike and will be further de-
layed II 1t is continued. Spe-
cifically. project MERCURY.
the Nations manned satellite
program, which has the highest
national priority, has been de-
layed by the reason Of delay IN
construction Of buildings essen
tial to its operation. This pro-
gram is important to the Sc
curity Of the Nation. Other
planned space programs viii
be delayed or threatened with
delay by q continuation Of the
strike.
"(c) Nuclear submarines and
the naval shipbuilding program
other than submarines. includ-
ing new construction. modern
ization, and conversion, have
been affected by reason Of the
inability to secure boilers, COM
pressors, and other component
parts requiring steel. Products
Of the steel industry are indis-
pensable to the manufacture Of
such items and delay In their
production will irreparably In
lure national defense and i'm
peril the national safety.
"(d) Exported steel products
are vital to the support Of
United States bases overseas
and for the use Of NATO allies
and similar collective security
groups. The steel strike, II per-
mitted to continue. will seri-
ously impair these programs,
thus imperiling the national
safety"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

people under the procedure
listed in Section 203. I think
he must have that power.
II agree with you that any
bill providing for an injunc-
ton should carefully consider
the position Of the striking
union and make sure that their
rights are protected. I think
that in those cases Federal
seizure until the dispute is
settled would perhaps equalize
the burden in the fairest pos
sible manner.
"Mr. Owens-Will not the
gentleman admit that we have
a third word in there? 1t is
interest Could we not better
use the word welfare instead
Of interest," because the word
welfare occurs in the Con-
stitution? It is just as broad
as the word interest and more
practical.
"Mr. Kennedy-The proposal
embraces two separate things,
health, and safety. Because the
remedy is drastic these two, in
my opinion, are sufficient. !
believe we should apply this
remedy when the strike affects
health or safety, but not the
welfare and interest, which
may mean anything. I would
not interfere in an automobile
strike because while perhaps
that affects national interest,
it does not affect health and
safety.
"Mr. Owens--Does not the
gentleman agree that welfare
lis the stronger and in line with
the Presidents idea?
"Mr. Kennedy - No. Both
welfare and interest are too
indefinite. They could cover
anything. I would not have
the law apply except in cases
where the strike affected health
and safety"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08
Specific Findings
Called Essential

It is q fact Of which we can
take judicial notice that steel
production in its broadest reach
may have q great impact on
national health" Machinery
for processing food Is needed;
hospitals require surgical in
struments; refrigeration is de-
pendent on steel: and so on.
Whether there are such short
ages that imperil the national
health" is not shown by this
record. But unless these par
ticularized findings are made
no case can be made out for
founding the injunction on i'm
pending peril to the national
health"
Nor can this broad Injunction
be sustained when it is rested
solely on national saftey." The
heart of the District Courts
finding on this phase of the
case is in its statement. Ger
tain items Of steel required in
top priority military missile
programs are not made by any
mill now operating, nor avail
able from an inventory or from
imports" It's other findings,
already quoted, are also gen.
eralized.
One cannot find in the record
the type or quantity of the steel
needed for defense, the name of
the plants at which those prod
ucts are produced, or the num-
Der or the names of the plants
that will have to be reopened
to fill the military need. We do
know that for one and a half
years ending in mid-1959 the
shipments Of steel for defense
purposes accounted for less
than / per cent of all the ship
ments from all the steel mills.
If 1000 men. or 5000 men, OF
10000 men can produce the
critical amount the Defense
Departments need, what au-
thority is there to send 100000
men back to work?
There can be no doubt that
the steel strike affects a Sub
stantial" portion of the indus
try. Hence the first require
ment of Section 208 (A) OF
the act is satisfied. But we dc
know that only a fraction OF
the production of the struck
industry goes to defense needs
We do not know, however, what
fraction Of the industry is nee
essary to produce that portion
(Footnote: The record shows
as does the Presidents state
ment, supra, that mills &C.
counting for at least IS pei
cent of the Nations steel pro-
! duction are still in operation
and are unaffected by the
Strike.)
Without that knowledge the
District Court is incapable Of
fashioning a decree that will
, safeguard the national safety
and still protect the rights Of
labor. Will a selective reopen
ing of a few mills be adequate
to meet defense needs? Which
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

ment Of approximately 8 mil
lion workers and normal an.
nual wages and salaries to-
falling approximately $S4
billion. The products Of these
industries are valued at over
$125 billion. The national
health will be imperiled II
the strike Is permitted to
continue"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

The Attorney General sought
and obtained in the District
Court for the Western District
Of Pennsylvania an injunction
against the continuation Of al
industry-wide strike Of workers
in the basic steel industry pur-
suant to Section 208 Of the
Labor Management Relations
Act. We granted certiorari tt
review the judgment Of the
Court Of Appeals for the Thirt
Circuit Affirming the District
Court. In pertinent part Sec
ton 208 provides that II the
District Court
"finds that (a) threat
ened or actual strike or lock-
out
"G) affects an entire indus
try or q substantial part
thereof engaged in trade. COM
merce. transportation. trans
mission, or communication
among the several States or
with foreign nations. or en-
gagged In the production Of
goods for commerce; and
"(ii) If permitted to occur or
to continue will imperil the
national health or safety. it
shall have jurisdiction to en-
join any such strike or lock-
out, or the continuing there
Of, and to make such other
orders as may be appro-
pirate. =. !"
The arguments Of the parties
here and in the lower courts
have addressed themselves ir
considerable part to the pro-
priety Of the District court
exercising its equitable jurisdic'
ton to enjoin the strike in ques'
ton once the findings set forth
above had been made. Thest
arguments have ranged widely
into broad issues of nationa
labor policy, the availability o.
other remedies to the executive
the effect Of q labor injunction
on the collective bargaining
process, consideration of the
conduct Of the parties to thu
labor dispute in their negoti'
ations, and conjecture as to thu
course of those negotiations IL
the future.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

Great cases, like this one,
are so charged with Importance
and feeling that, as Mr.. Justice
Holmes once remarked North
ern Securities Co. v. United
States, 1913 U. S. 1877. 400-401,
dissenting opinion), they are
apt to generate bad law. We
need, therefore, to stick closely
to the letter Of the law we en-
force to keep this controversy
from being shaped by the in
tense interest which the public
rightfully has in 1t. The
statute. which Congress had
authority to pass. speaks in
narrow and guarded terms.
Section 206 Of the Labor Man
agement Relations Act Of 1947
gives the President power TO
invoke the aid Of a board OF
inquiry whenever he is Of the
opinion that a strike or lock-
out will imperil "the national
health or safety" The Presi-
dent in appointing the board OF
inquiry in this case stated:
1.-THE strike has closed IS
per cent Of the Nations steel
mills, shutting of practically
all new supplies Of steel.
Over 100000 steel workers
and about 100000 workers in
related industries. together
with their families, have
been deprived Of their usual
means of support. Present
steel supplies are low and the
resumption Of full-scale pro-
duction will require some
weeks. If production is not
quickly resumed. severe eff
fects upon the economy Will
endanger the economic
| L.1AL - &Ioo NTatinya
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08
Shaping DEGREES
Is Job of Courts

Section 208 (a) gives the
District Court jurisdiction to
enjoin" the strike. There is no
command that 1t shall enjoin
100 per cent Of the strikers
when only / per cent or 5 per
cent or 10 per cent Of them
are engaged in acts that i'm
peril the national safety" We
are dealing here with equity
practice which has several hun
bred years Of history be-
hind 1t. We cannot lightly as
sumo that Congress intended
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

uttondlity OF the SO-ddy TAFT
statute is constitutionally In.
valid because 1t does not sci
UP any standard Of lawful OF
unlawful conduct on the part
of labor or management. But
the statute does recognize GER
tain rights in the public tc
have unimpeded for q time
production In industries vita
to the national health or safety
1t makes the United States the
guardian of these rights In
litigation. CT. United States v
American Bell Tel. Co.. l2t
u. s. 315, $40; Sanitary District
of Chicago v. United States
266 U. s. 405.
The availability Of relief. ir
the common judicial form Of ar
Injunction, depends on findings
of fact, to be judicially made
OF the matters decided judi
cially, there is no review BY
Iother agencies Of the Govern.
ment. CT. Gordon v. United
States, 2 Wall. SCI, lit U. s
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

mills are these? Would it be
practical TO reopen them solely
for defense purposes or would
they have to be reopened for
all civilian purposes as we'll?
This seems TO me to be the
type Of inquiry that Is neces-
sary before a decree can be
entered that will safeguard the
rights Of all the parties.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08
Minority Opinion Cites
Noted Holmes Dissent

Following is the dissenting opinion By Justice Doug
las in the steel strike decision IA number OF ootnotes
h0re boon deIetedl. .
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08

FOLLOWING Is the tert Of the Supreme Court ajorits
opinion upholding the constuonaly of the 80ddy TAFT
Hartley ldw injunction:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08
Decorator Designed
Kin1ball
$50
~ OO

This lovely new piano is twice beau
tiful. It adds the beauty of fine
furniture to your home. Plus the
glorious beauty of tone which has
characterized Kimball pianos for
more than century. The Holiday"
pictured here, and in the current
"House Beautiful" is but one. of sew
eral decorator designs, contemporary
and traditional, priced from $545 to
$1095 at Campbell'S.
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12

Now the vast Penney Com
pany laboratory In New York
runs more than 10000 tests per
year - constantly insuring top
quality for all Penney merchan-
disc.
Penney's Company has de-
veloped many firsts in the re-
tail field. 1t was first to have
work clothes sanforized and
graduated" according to size.
1t Sanitized shoes and coat lin
ings, was instrumental in de-
veloping women's plastic hand
bags.
1t is the No. 1 supplier of
many items, including women's
hose, blankets and work clothes.
In its price range it sells more
cotton dresses than any other
large retailer.
Penney, whose speaking en-
gagements take him all over the
world, was born on a farm. His
father, grandfather and great
grandfathers were Baptist min
listers. AS a memorial to his
parents he has set aside several
thousand acres in Florida where
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12

April, remains extremely active
as member of the board and
as a frequent visitor to new
stores. Innumerable honors and
awards have been given him for
his charitable and educational
work, particularly with young
people seeking retailing careers.
He has long supported Distribu.
tive Education in public schools.
. In the early days Penney
saved scraps of string and
wrapping paper, made his coun-
tiers out of shipping boxes,
bought carefully and took min
imum profit. His formula of
giving customers the best mer-
chandise for the lowest cost
was rare in the days when the
sharp practices were prevalent.
Friendly service and satisfied
customers became basic Penney
principles. On buying trips to
New York, the pioneering mer-
chant tested fabrics in small
hotel rooms. A wash basin, cake
of soap and pitcher of water
were his testing tools. He pin
ned fabric samples to window
curtains for "sunfastness" tests.
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12
Golden Rule
Followed by
J. C. Penney

James Cash Penney, 49,
year-old founder of the ]. c.
Penney stores, closely asso-
ciates his philosophy of fol-
lowing the golden rule" with
the fabulous success of the
100 store chain.
The newest Penney store,
which opens today at noon at
Congressional Plaza on the
Rockville Pike, is a far cry from
the first tiny dry goods store
opened by Penney in 1902 In the
small mining town Of Kemmer-
er, Wyo.
Dapper, energetic Founder
Penney was to officiate at the
gala ceremonies and ribbon cut
ting Of his newest store in the
chain which numbers nearly
100 stores In az states.
Penney's original principles Of
giving customers top quality at
low prices and sharing Of prof
its with associates prevails at
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12

retired clergymen and their
wives as well as single men
and women, may make their
homes.
Founder Penney explains his
principles of advertising, 1--WE
don't believe in comparative
pricing. l don't like the kind of
advertising that claims merchan.
disc is worth more than the
price at which it is being Of
fered. Our policy has built a
tremendous amount of public
confidence-people believe what
they real in Penney ad."
The original policies of Pen
ney, plus the training of tai
ented, ambitious men, have re-
suited in a vast organization
with a strong tradition of serv-
ice, friendliness and cooperation.
Penney's has combined all the
advantages of modern mass
merchandising with the home
town store idea.
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12

manager of Penney's Lynch
burg, Va, store, will hold the
same post at Penney's Congress
sional Plaza. He predicts cherry
.fizz, larkspur, champagne and
navy as high style colors for
women's and girls new spring
fashions.
William S. Reitz, jr., 1907
Woodlark dr., formerly Of Vine
land, N. j., is manager of the
women's, girls, infants and
maternity departments. Calvin
R. Powell, 4106 Elizabeth St.,
heads the large mems depart
ment, which is featuring wash
n wear and year-around weight
suits as well as extensive sports
items.
Nicholas G.. Boniface, 1923
Welsh dr., erly with
P nney's Waynesboro, Pa,
store, is manager of the down
stairs store and patio shop.
Manager Gill and his wife,
Bernistine, are making their
new home in Rockville at 2312
Veirs Mill I'd. A Mason, Mr..
Gill is also a member of
Kiwanis and Rotary. He is the
newly elected vice president of
the Congressional Plaza Mer-
chants Association.
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12
Penney's Design Based
On Suburban Research

J. c. Penney Company Of
ficials, impressed with Rock
ville's rapid growth and flu
ture business potentials, is
opening one of its finest and
moSt-ultra modern suburban
department stores at Con-
gressional Plaza.
The two-story operation, with
$4,000 square feet, is the cul-
mination of IL years scientific
research by Penney Co. in sub
urban planning.
Raymond L. Gill, former
manager. of Penney's Cam
bridge (Md) store, heads the
staff of the new suburban
which features an outdoor patio
shop with 5000 square feet Of
selling space. The shop, fully
merchandised with patio and
garden furniture, barbecues,
power mowers, garden equip
ment and nursery stock is
located at the rear of the store
with entrances into the lower
level.
1--WE have shopped the marts
of New York, Dallas, Los An
geles and taken advantage of
our European buying office in
Florence, Italy, and our Asiatic
headquarters in Osaka, Japan,
to bring the finest merchadinse
for every member of the family
as we'll as home furnishings and
housewares for the residents of
our community" Manager Gill
stated.
I'VE are particularly proud of
our fully equipped Boy Scouts
headquarters. Our gift depart
ment is stocked with smart new
imports. Occasional furniture
ranges from colonial, tradition.
al to Scandinavian. Lamps,
room-size rugs, china and ktch.
en- ware have been carefully
selected. Penney's famed yard
goods and a complete sewing
center we believe will delight
our women customers.
Manager Gill has hired more
than 125 persons from the area
for his sales and office staff.
Thomas r. Chisholm, 1270C
Atlantic ave-, has been appoint
ed shoe specialist and Samuel
H. Ebersole, jr., of Silver
Spring, has been assigned tc
the coveted trainee manage
ment program which grooms
talented young men for even
tual store management. He Il
IN charge of the Boy Scou'
headquarters and work clothes
Albert L. Bruner, 5807 Vande
grift ave-, former assistant
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12

meshes with the Circumfers1ap
tial hwy. is U. S. 240, or Wash
ington National Pike.
And where does U. S: 240 go
after leaving Washington and
densely populated Bethesda?
Rockville!
U. S. 240 spells Rockville's
lucky number on this wheel of
commercial fortune. Traffic of
all types will be able to go
through, or stop in, Rockville on
its way to and from Washing
ton.
Further, planners h a We laid
out a freeway from the Mon
trose I'd. and Rockville Pike
intersection over to the future
Northern pkwy. that runs
northward from Silver Spring
and eventually connects with
Baltimore.
A recently completed mass
transportation survey of the
entire metropolitan Washing
ton area concluded that a high
speed system of bus Transports
ton, with few stops between
suburbs and downtown Wash
ington was one answer to the
capitals traffic dilemma.
Another was a rail or train
type system. Inasmuch as Rock
vile is served by U. S. 240 and
the BIO railroad, either, or
both systems would seem par
ticularly suited to the city.
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12

within the ranks of the company
to executive status.
Penney, board chairman for
Penney Company until last
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12

the new store under the manage
ment of Raymond L. Gill who
at So typifies the young man.
agement who are promoted
Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1959-03-12
Highway
Favorable

Picture a wheel of fortune
many miles in diameter. It's
hub is Washington and its
numbered spokes are radial
roads leading to the rim.
The rim is the Wanted Cir
cumferential hwy. that en-
circles Washington. The point
on that rim nearest Rockville
is the Pooks Hill interchange.
One peg, or ratchet that