1944 CONGRESSIONAL RECORD-SENATE 376'7 Also, memorial of the Municipal Assembly 5574. By Mr. SMITH of West Virginia: Pe­ the President had approved and signed of Catano, P.R., memorialiZing the President tition of Mrs. Bertha H. Harrington and 94 the following acts: and the Congress of the United States to en­ other citizens of Charleston, W. Va., _urging dorse Congressman McGEHEE's resolution, de­ the enactment of the Bryson bili (H. R. On April 22, 1944: , manding the immediate removal of Rexford 2082); to the Committee on the Judiciary. S. 1028. An act to amend the Fire and Cas­ Guy Tugwell as of Puerto Rico, and 5575. By Mr. WIGGLESWORTH: Petition ualty Act of the District of Columbia. for other purposes; to the Committee on of the House of Representatives of Massachu­ On April 24, 1944: Insular Affairs. setts, favoring improved and additional air­ S. 866. An act to fix the compensation of Also, memorial of the Municipal Assembly line service for Massachusetts; to the Com­ registers of the district land offices in ac­ of Dorado·, P.R., memorializing the President mittee on Interstate and Foreign Commerce. cordance with the Classification Act of 1923, and the Congress of the United States to en­ 5576. By the SPEAKER: Petition of the as amended. dorse Congressman McGEHEE's resolution secretary-treasurer, Southern University Con­ On April 26, 1944: asking the immediate removal of Rexford ference, petitioning consideration of their S. 962. An act for the relief of Mr. and Mrs. Guy Tugwell as Governor of Puerto Rico, and resolution with reference to the education of Frank Holehan; . for other purposes; to the Committee on returning veterans; to the Committee on S. 1399. An act for the relief of Frank Insular Affairs. Education. Knowles; Also, memorial of the Municipal Assembly S. 1433. An act for the relief of Clarence of Penuelas, P. R., memorializing the Presi­ A. Giddens; dent and the Congress of the United States S. 1484. An act for the relief of Walter to ap prove Congressman McGEHEE'S resolu­ Eugene Hayes; tion demanding the immediate removal from SENATE S. Hi17. An act for the relief of Staff Sgt. the office of the present Governor of Puerto FRIDAy' APRIL 28, 1944 Marion Johnson, United States Marine Corpf: Rico, Dr. Rexford Guy Tugwell, and for other and Sgt. George B. Kress, United States M&.· purposes; to the Committee on Insular rine Corps Reserve; Affairs. ,ther than bow the knee to Tierney. the alcoholic beverage traffic for the duration the debasing Baal: Thou God of uncon­ The message announced that the of the war; to the Committe-- on the quered souls, we give Thee thanks. House had passed without amendment Judiciary. ·For every sign through the darkness the joint resolution s pass S. 1432 or H. R. PETITIONS AND MEMORIALS pealed to the Nation's producers to redouble 4079, extending the life of the Civilian Pilot their efforts in the production of essential Training Act to July 1, 1949. -Petitions, etc., were laid before the "Adopted by the senate, March 13, 1944. Senate, or presented, and referred as in­ foodstuffs, to the end that this country's fighting men may be well fed, the resources "Approved by the Governor, March 14, 1944. dicated: of the armed forces of the Allies supple­ "Filed in the office of the secretary of state, By the VICE PRESIDENT: mented, aid extended to ravaged and impov­ March 14, 1944." Two memorials of the Senate of Arizona; to erished peoples, and adequate subsistence A joint memorial of the Legislature of Ari­ the Committee on Banking and Currency: provided for citizens and residents of the zona; to the Committee on Finance: "Senate Memorial 2 United States fighting the war on the home "Senate Joint Memorial 2 front. "Memorial on the preservation of home "Joint memorial requesting the Congress of industries "This appeal has with particular emphasis been directed to producers of meat, since it the United States of America to increase "To the President and the Congress oj the is well un_derstood that meat is a principal the amounts of grants to States for old-age United States: and indispensable part of the American diet. assistance "Your memorialist respectfully represents: "The Government's call has met with "To the Congress oj the United States oj "Agreement should be unanimous that this prompt and wholehearted response, and all America: Nation's No. 1 policy, at this time, is the previous records for the production of staple "Whereas under the acts of Congress now winning of the war at the earliest possible articles of food have been eclipsed. in effect providing for payments to the States moment, that lives may be saved, the free­ "Despite the efforts which have been put for old-age assistance, the amount contrib­ dom we so highly prize insured, and economic uted to the States is limited to one-half of and social dislocation minimized. · forth and the success, so far as production is concerned, which has attended them, it the total of the sums expended during each "It is the paramount duty of every loyal is an indisputable fact, inconsistent and in­ quarter as old-age assistance, not counting citizen to cheerfully make any necessary sac­ congruous as it may seem, that with respect so much of such expenditure with respect to rifice, to cheerfully endure any inconvenience to certain commodities, and conspicuously any individual as exceeds $40; and such limi­ imposed by the exigencies of the existing so with respect to beef, a definite shortage tation discourages the States from assuming emergency. exists throughout the Nation. an unequal share of the expenditures by pro­ "Nevertheless, while never losing sight of "With the ranges overpopulated by a rec­ viding for maximum payments to individuals the above primary objectives, it is also of of more than $40 per month; and great importance to give consideration to the ord increase of 12,000,000 head of beef cattle, the markets are illy supplied with beef, and "Whereas it is recognized by the United present and future effects of the disruption States Government and the several depart­ of industries essential to the welfare and citizens possessed of necessary ration points are unable to have their legitimate wants ments thereof that the cost of living has happiness of the people and the prosperity greatly increased since the enactment of old­ of communities, States, and the Nation, and supplied. "This undesirable condition reaches not age assistance legislation by the Congress. in all possible cases to alleviate conditions and the amount presently contributed by the which tend to their destruction. only the consum'er, but as well vitally affects the producer, who has done all within his United States does not take into conside.ra­ "Two of Arizona's major industries are tion such increased cost of living, and the mining and cattle raising. With respect to power to meet the responsibility placed upon him by his Government. His ranges are needy aged will suffer as a result thereof; these vital industries upon which so much and depends, both in peace and war, the facts overcrowded with cattle he cannot sell, to are: (1) That many mining properties, even the injury of the ranges, and his breeding "Whereas the dislocation of the civilian properties containing minerals essential to stock is becoming averaged. population during the present war, caused the war effort, are idle, their plants closed, "These conditions, serious alike to the con­ by the migration of a large segment of the their organizations disrupted, their taxpay­ sumer and the producer, are due, it is felt, population from their home States to other ing ability reduced to zero, although certain to lack of coordination of the policies and States, has and will place an undue and un­ fixed expenses. must still be met; (2) that regulations of the several governmental agen­ equal burden on certain States, including many thousands of cattle fit and ready for cies whose orders affect the cattle industry, the State of Arizona, to the advantage of use as food are roaming the ranges, an ex­ and the failure of certain of such agencies other States; and pense rather than an asset to their owners, to comprehend the nature of the problems "Whereas the mild winters and excellent for the reason that under existing regulations involved. To the consumer, ration points climatic conditions in Arizona and other they cannot be consumed locally, although for beef have little value when the beef Southwestern States has induced and will beef is shipped in from packing plants far cannot be found in the markets, although continue to induce large numbers of people distant from Arizona, to the further ag­ there is an abundance of cattle on the range to leave their home States and remove to gravation of the transportation problem. to meet their demands. To the producer, Arizona and such other Southwestern StatP.s "Furthermore, with respect to the particu­ an Increase in herds serves little purpose in their latter years of life in order to qualify lar industries cited, similar commodities are when he cannot sell h1a cattle. The packer for old-age assistance; and 1944 CONGRESSIONAL RECORD-SENATE 3769 ''Whereas old-age assistance is, therefore, methods, which has resulted in a decrease in "It is a matter of State concern that the essentially a national and Federal problem fire insurance rates in this State of 53,6 ~r­ removal and disposition of the temporary which should be wholly provided for by the cent. housing constructed and administered by the National Government: Now, therefore, your "Wherefore your memorialist, the Senate of Federal Public Housing Authority for war memorialist, the Legislature of the State of the State of Arizona, prays: purposes be effected in a manner designed to Arizona, prays: "1. That the Congress speedlly enact the protect private enterprise and to effectuate "That the Congress of th·e United States of bills H. R. 3269, H. R. 3270, and S. 1362." the public purpose of making such housing America speedily enact such legislation as A concurrent memorial of the Legislature available to such farmers and farm labor "(1) will recognize that old-age assistance of Arizona; ordered to lie on the table: within this State. should be wholly assumed by the National "Wherefore your memorialist, the Legisla­ Government and provide that all amounts "House Concurrent Memorial 1 ture of the State of Arizona, prays: paid to aged needy 1ndivitluals shall be paid "Concurrent m.em'orial requesting -Congress "That the Congress authorize the removal by the National Government; or~ to enact the proposed bill of rights for of such housing, when no longer essential to "(2) will pr

• 3776 CONGRESSIONAL RECORD-SENATE APRIL 28 in operation. It is the first definite, pro­ reemployment of all of these workers may not should clarify the situation so that ac­ gressive, positive step in furnishing work depend directly upon prompt solutions of the tion such as taken by the President in to men not only during the post-war above problems, this ratio indicates their far­ the Mont_gomery Ward case cannot be period but at this time, now, when the reaching importance, repeated. If the President's authority is reconversion from war industry to peace • • to be construed in the manner in which industry is beginning to get under way. Sincerely yours, the Attorney General has construed it The bill was reported by the subcommit­ ALVAN MACAULEY, in the Montgomery Ward case, the tee to the Committee on Military Affairs, President. President could have troops move in and and by the Committee on Military Affairs THE SEIZURE BY FEDERAL GOVERNMENT seize every corner drug store and grocery this morning unanimously ordered to be OF MONTGOMERY WARD PLANT store in this Nation and any kind of reported to the Senate. Mr. BRIDGES. Mr. President, I business or a Victory garden in a man's Mr. BARKLEY. Did the Committee should like to read the following: back yard. It is time the voice of Con­ on Military Affairs add any substantial In modern war the maintenance of a gress was raised in protest against this amendments to the bill? healthy, orderly, and stable civilian economy sort of action in the American Nation Mr. REVERCOMB. I am advised it is essential to successful military effort. today. The time to call a halt is now. did not add anything substantial. F.ven in the absence of section 3 of the War Mr. , BARKLEY. Mr. President. the Mr. VANDENBERG. Mr. President, I Labor Disputes Act, therefore, I believe that statement of the Senator from New have concluded the statement I desired by the exercise of the aggregate of your pow­ Hampshire that the President could move to make. I thank the Senator from West ers as Chief Executive and Commander in in and take every corner drug store and Virginia for what he has said. I wish Chief, you could lawfully take possession of Victory garden is so utterly ridiculous to be sure that the REcoRD shows my ap­ and operate the plants and facilities of that it falls of its own weight or lack of Montgomery Ward & Co., if you found it nec­ preciation for the cooperation of the essary to do so to preven1: injury to the coun­ weight, as the case may be. junior Senator from Montana [Mr. MuR­ try's v?ar effort. Mr. BRIDGES. Why? RAY], who was chairman of the subcom~ Mr. BARKLEY. I ~m not going to en­ mittee, and who has joined in this utterly Mr. President, what I have jnst read to ter into a debate as to the legality of essential effort to conclude this task be­ the Senate is from the opinion of Attor­ the Montgomery Ward seizure, any more fore it is too late. ney General Biddle upon which President tha:1 I am going to enter into a debate Mr. BARKLEY. I might further say Roosevelt undertook the seizure of Mont­ as to the legality of the seizure of the that, so far as I now know, there is no gomery Ward & Co. in Chicago. Ken-Rad plant, at Owensboro, in .my reason why the bill cannot follow the Mr. President, I shall not attempt to State, which is now before the FedeLI pending unfinished business. justify the claims or the counterclaims court in a proceeding brought by that Mr. VANDENBERG. I thank the made by all sides involved in this issue, company to test the legality of that ac­ Senator. but I do say that the interpretation the tion. I do not believe its legality can be Mr. HOLMAN. Will the Senator from President has derived from the Attor­ tested in the Senate or by the Congress Michigan yield? ney peneral 's opinion and assertion of I do not know all the facts leading up Mr. VANDENBERG. I yield. the right of Government to subject every to the seizure of the Montgomery Ward Mr. HOLMAN. Mr. President, I sat individual and every private enterprise, plant. If I were to tate the testimony in the meeting of the Committee on Mil­ big or small, to Federal influence is of of an editorial in an outstanding daily itary Affairs this morning, and ordering a nature no American heretofore could newspaper a few days ago, it might be the bill under discussion to be reported understand. possible to draw an invidious distinction we added an admonition recommending From the President's interpretation of between the attitude of Montgomery expedition in the consideration of the Mr. Biddle's opinion, Mr. President, it Ward & Co. toward its employees as com· subject. is not too extreme to suggest that were pared to the attitude of Sears, Roebucl. Mr. VANDENBERG. I thank the the manner in which you and I tended & Co. toward its employees, in the sam( Senator. Expedition is absolutely essen­ our Victory gardens not in accord with cit~ · of Chicago and in other place ~ tial. I cannot overemphasize that point. the methods endorsed by the Chief Ex­ throughout the country. Mr. VANDENBERG subsequently said: ecutive he could construe our activities I regret as much as anyone could pos Mr. President, in connection with the as presenting an injury to the country's sibly regret the necessity for taking over remarks I made previously today, and war effort and accordingly seize our very industrial plants, whether such necessit:y immediately following them, I ask unan­ back yards and make them subject to grows out of obstinacy on the part oi imous consent to have printed in the governmental operation. The fact that management or obstinacy on the part of RECORD a letter to me from President troops, which in simple language means employees or any other element com­ Alvan Macauley, of the. Automotive force, were employed to effect the Presi­ posing the set-up of any company in this Council for War Production. dent's order, presents a situation which country. But it is certainly fantastic to There being no objection, the letter is unpleasantly similar to the actions compare the taking over of a great plant was ordered to be printed in the RECORD, taken by the governments of our enemies. such as the Montgomery Ward plant. as follows: Are there no courts existing in our which distributes good all over the United AUTOMOTIVE COUNCIL country which can review the legality States and in various parts of the world. FOR WAR PRODUCTION, of the decisions handed down by gov­ Detroit, Mich., April 22, 1944. to the taking over of a Victory garden ernmental bureaus, particularly when or a corner drug store. Congress has Hon. ARTHUR H. VANDENBERG, such decisions affect industry not en­ Senate 0 ffice Building, passed this law. Congress itself no doubt Washington, D. C. gaged in the processing or production of was as uncertain as to its scope and au­ DEAR SENATOR VANDENBERG: Your conclu­ war materials. Under the in:fiuence of thority as administrative officers are or sions on contract-termination legislation wartime emergency, have we trans­ as Army officers may be or as the courts now pending tefore Congress will vitally af­ ferred all our civil rights to the Chief themselves may be until it has finally fect post-war employment. The reconversion Executive? If the legality of the Presi­ been determined in som way by the period and unemployment will be long or dent's action is sustained, Congress, rep­ short and great or small depending upon the highest court in the land exactly what resenting the people, must, in my judg­ we meant by the Smith-Connally Act, . action taken by Congress. The contract-ter­ ment, by law .provide some definitions, mination and reconversion obstacles facing by the Second War Powers Act, and by the automotive industry emphasize the need some limitations to the powers which are any other act under which the President for early legislative action in order that entrusted to the President, in order that exercises jurisdiction or under his con­ "ground rules" may be known well in . ad­ the Bill of Rights guaranteed to the stitutional power as Commander in Chief vance of the general termination at the end American people may be enforced. In of the Army and Navy of the United of the war in either major theater. this direction Congress should not act States. Employment in the manufacture, distribu­ hastily, thereby endangering the na­ tion, and use-of motor vehicles directly affects The point I wish to make is that we every section of the country. Before the tional interest. Those powers which the cannot determine on the :floor of the war, one out of every seven of the Nation's President actually needs for furtherance Senat~ th~ legality of actions which are workers was dependent for his employment of the war effort, he should have and taken by the President in pursuance of l.lpon the automotive industry, its suppliers, should retain; but those he does not need a law which we ourselves have enacted, and highway transport. Even though the should be returned to the people; and we and I do not think we can make any 1944 CONGRESSIONAL RECORD~SENATE 3777 contribution to the solution of the prob­ ' The PRESIDING OFFICER (Mr. is essential to successful military effort. The lem by taking advantage of an individual, HATCH in the chair). Does the Senator Congress bas recognized this fact by enacting isolated situation growing out of an l!n­ from Ohio yield to the Senator from Mis­ such statutes as the Emergency Price Control Act of 1943; the act of October 2, 1942, fortunate controversy between manage­ sissippi? entitled "An act to amend the Emergency ment and employees, and tr_ying to de­ Mr. TAFT. I yield. Price Control Act of 1942 and to aid in pre­ termine it here, either as a matter of Mr. EASTLAND. Were the manufac­ venting inflation, and for other purposes"; law or as a matter of politics, as the turing facilities operated by Montgomery the small business mo.bllization law of June case may be. wm·d & Co. used in producing commod­ 11, 1942; and the War Labor Disputes Act. Mr. CONNALLY. Mr. President, will ities for the war effort? Even in the absence of section 3 of the War the Senator yield? Mr. TAFT. No; I do not understand Labor Disputes Act, therefore, I believe that Mr. BARKLEY. I yield to the Senator I bJ the exercise of the aggregate of your that they were. have not read the powers as Chief Executive and Commander from Texas. entire opinion, and I do not desire at in Chief, you could lawfully take possession Mr. CONNALLY. The Senator has re­ this time to .argue the legality of the of and operate the plants and facilities of ferred to the Smith-Connally Act. I question whether the President could Montgomery Ward & Co., if you found it wish to say to the Senator that I do not take over the Montgomery Ward plant necessary to do so to prevent injury to the think the Attorney General predicated under the provisions of the Smith-Con­ country's war effort. his opinion upon any languag€ or dauses nally Act. · I merely wished to make If that is good law, Mr. President, in the so-called Connally-Smith strike clear in reply to the statement of the there is n.othing the President cannot bill, because that measure, as I recall Senator from Texas, that the Smith­ do. He can find anything relating to it-! hold a copy of it in my hand, but Connally Act ls the main ground for the the civilian economy to be in the interest I do not now have time to read it an­ opinion of the Attorney Genera1. Re­ of the war effort. That means anything relates only to plants furnishing war ma­ gardless of the law, I certainly do not relating to you and to me. He can take terials, as such. I think the Attorney think it was the intention of the Con­ ovel" not only a distributing facility such General's opinion was predicated on a gress to permit the taking over of a great as Montgomery Ward & Co., but, as has broader basis, on some general war pow­ distributing, merchandising enterprise been said, he can take over every grocery ers act which the Congress has passed. under that law. Whether it is lega1 or store in the United States. He can take Mr. BARKLEY. Mr. President, I illegal, I do not at the moment purport over every man in the United. States mentioned the Smith-Connally Act be­ to say. without any Selective Service Act or any cause in the newspapers there has been Mr. EASTLAND. I thoroughly agree other provision by Congress for the published an interpretation that tbe ex­ with the Senator from Ohio, and I state drafting of men. ercise of this power was more or less further, Mr. President, that under the There is no such law. There is no such a combined exercising of authority grow­ Smith-Connally Act, I cannot see one principle in the Constitution of the ing out of the Smith-Connally Act, the scintilla of authority to take over any United States. The President is Com­ Second War Powers Act, and perhaps distributing system or any mercantile mander in Chief of the Army and Navy, one or two other acts whit:h Con.gress has business in this country. I know it was but that fact does not give him one addi­ passed, authorizing the President to take not the intent of Congress to pass such tional power over any civilian, except in over plants under certain conditions. a measure. If the President has the territories where the Army and Navy are Mr. TAFT. "'..lr. President, will the power to take over Montgomery Ward, actually operating in the course of their Senator yield? then he has the power to take <>ver a normal functions as Army and Navy. grocery store or a Mr. BARKLEY . . I yield. butcher shop in any So, Mr. President, I think the protest Mr. TAFT. The Senator from Texas hamlet in the United States. Mr. TAFT. It seems so to me. made by the Senator from New Hamp­ is entirely mistaken. Three-quarters of shire is amply justified. If we admit the the Attorney General's opinion is based Mr. President, the Attorney General, validity of any such principle, Congress on the Smith-Connally Act. The Smith­ having based hls opinion primarilY. on might just as well go home and let the Connally Act reads in part as follows: the Smith-Conna1ly Act, then goes on, President run the United States and The power of the President under the fore­ in addition to the matter quoted by the every feature of it. going provisions of this section to take im­ Senator from New Hampshire [Mr. mediate possession of any plant upon a fail­ BRIDGES] to say: Mr. VANDENBERG. Mr. President, will the Senator yield? ure to comply with any such provisions, and It is not necesaary, however, to rely solely the authority granted by this sectton for the upon the provisions of section 3 of the War Mr. TAFT. I yield. use and operation by the United States or Labor Disputes Act. As Chief Executive and Mr. VANDENBERG. In line with the in its interests of any plant of wllicb pos­ as Commander in Chief of the Army and Senator's observations, I wish to read two session is so taken, shall also apply as herein­ Navy, the President possesses an aggregate sentences from a very able and restrained after provided to any plant, mine, or fa­ of powers that are derived from tbe Con- analysis of this whole situation in the cility equipped for the manufacture, pro­ stitution- · duc".Jon, or mining of any articles or mate­ editorial columns of the New York Times rials which ma-y be required for the war effort In other words, we cannot take them of this morning. Speaking of the At­ or which may be useful in connection there­ away from him- torney General's argument regarding the with; and from various statutes enacted by the President's general over-all war powers, The Attorney General has held that Congress for the purpose of carrying on the the editorial states: because Montgomery Ward manufac­ war. This is tantamount to declaring that the The Constitution lays · upon the President President in wartime can do practically any­ tures three or four articles, among the the duty "to take care that the laws be thousands of articles it sells, therefore thing if in his own judgment it is necessary faithfully executed." The Constitution also "to prevent injury to the countrlt's war it is engag€d in the manufacture of arti­ places upo ~. the President the responsibility effort." No one who is concerned about civil cles referred to in the Smith-Connally and invests in him the powers of Commander liberties and constitutional process will easily Act, and that its whole distributing fa­ in Chief of the Army and Navy. In time of accept so sweeping a c1aim as this of wartime cilities may be taken over. I do not war when the existence of the Nation is powers for the President. raise the question whether that conclu­ at stake, this aggregate of powers includes authority to take reasonable steps to pre­ Mr. President, I wish to make that last sion is legal or illegal; but that, in part, vent Nation-wide labor disturbances that sentence my own. Entirely regardless of is the basis for the Attorney General's threaten to interfere seriously with the con­ any other consideration, and without re­ opinim.. I should like to deal further, duct of the war. The fact that the initial in my own time, with the other question impact of these disturbances is on the pro­ spect to the merits or demerits of the which was raised by the Senator from duction or distribution of essential civilian intrinsic labor dispute involved at this New Hampshire. goods is not a reason for denying the Chief · point, I do ot see how anyone who ls Mr. BARKLEY. Mr. Pres1dent; I have Executive and the Commander in Chief of concerned about. civil liberties and con­ the Army and Navy the power to take steps stitutional process can easily accept so said all I have to say on this matter; I to pr9tect the Nation's war effort. am sorry I was provoked to say this sweeping a claim of wartime powers for much. These are the words read by the Sena­ the President of the United States as this, Mr. TAFr obtained the floor. tor from New Hampshire: and so sweeping a demonstration of the MT. EASTLAND. Mr. President, will In modern war the maln.tenance of a use of the armed power of the Govern- the Senator yield? healthy, orderly, and 1table ctv111an economy ment. · 3778 CONGRESSIONAL RECORD-SENATE APRIL 28 Mr. TAFT. Mr. President, I fully the history of Abraham Lincoln and ad­ or personal property and other assets used in agree. Before I take my seat, I desire to mires him as I have always admired him connection with the operation thereof, and make it clear that I do not wish to ex- would for a moment suggest that Lincoln to operate or to arrange for the operation of -the plants and facilities in any manner press an opinion on the legality of seiz- did anything that he did not think he that he deems necessary for the successful ing this plant under the Smith-Connally had the power to do. Later it developed prosecution of the war, and to do all things Act, and I do not care what the courts that he did not have such power. The necessary or incidental thereto. The Sec­ may finally decide on that question. courts held that he did not have it, and retary of Commerce is further authorized After all, this is a question of policy. later Congress legalized what he had to exerciSe any contractual or other rights Was it a wise policy for the President, done illegally. of the company and to take any other steps under the circumstances? In wartime So there is nothing new about Presi-­ that he deems necessary to carry out the we must grant vast powers,to the Presi- dents, in time of war, exercising author­ provisions and purposes of this order. dent of the United States; but it is not ity, even without an act of Congress, 2. The Secretary of Commerce shall op­ intended because we grant such powers which courts may subsequently declare erate the plants and facilities of the com­ that they shall be exercised unless it is to be illegal. / pany under the terms and conditions of the directive orders of the National War Labm absolutely required by the circumstances As to the question of policy involved, Board dated January 15, 1944, and April 5, which were in mind when the statute was that is a matter about which men lllaY 1944. enacted. I certainly question the policy have an honest difference of opinion. 3. The Secretary of Commerce is authorized of taking this plant, no matter what the To form an intelligent opinion about it to take any action that he may deem neces· law may finally be determined to be, or is ·necessary for us to know, for example, sary or desirable to provide protection for what the courts may decide. No matter what it is that Montgomery Ward & Co. the plants and facilities and for all persons what emergency might arise, it seems to manufactures. I do not know. It is employed or seeking employment therein. me that the President could have per necessary to know the relationship of 4. Upon the request of the Secretary of mitted the legality of this procedure_ to what it does, not only in manufacture, Commerce, the Secretary of War shall take be submitted to a court before using sol- but also in distribution in a Nation-wide any action that may be necessary to enable the Secretary of Commerce to carry out the diers to take over an entire civilian en- fashion of the things which it either provisions and purposes of this order. terprise and throw the president of the makes or buys from others, to other con­ 5. Possession, control, or operation of any enterprise out on the sidewalk in front cerns in the country which are engaged plant or facility, or part thereof, taken under of the building. in the ·manufacture and distribution of this order shall be terminated by the Secre­ Mr. BARKLEY. Mr. President, will materials. It is also necessary to know tary of Commerce within 60 days after he de-· the ~enator yield? the comparative labor relations existing termines that the productive efficiency of the Mr. TAFT. I yield. in that company and in other companies plant, facility, or parts thereof prevailing prior to the existing and threatened inter­ Mr. BARKLEY. Of course, we can which are involved. ruptions of production, referred to in the debate endlessly about what any Presi- Mr. TAFT. Mr. Presideht, I ask recitals of this order, has been restored. dent in wartime may do without specific unanimous consent that there be printed FRANKLIN D. ROOSEVELT. authority of Congress, and it is a very in the RECORD at this point as a part THE WHITE HOUSE, April 25, 1944. . interesting study to go back over the of my remarks the Executive order and years and make comparisons of what the opinion of the Attorney General, in BIDDLE'S OPINION Presidents have done during wartime. order to throw light on the whole pro­ APRIL 22, 1944. The Constitution provides that the writ • cedure. The Attorney General discusses The PRESIDENT, of habeas corpus shall not be suspended the things which are manufactured, and The White House. unless when in cases of rebellion or in- claims that some of them are of direct MY DEAR MR. PRESIDENT: My opinion has vasion the public safety may require it. interest in the war effort. It seems to been requested on the legality of a proposed It has been the opinion of lawyers gen- me that the object sought could have Executive order directing the Secretary of erally that that means that Congress been obtained by seizing the manufac­ Commerce to take possession of and to oper­ itself could suspend it by an act. But turing plant, without seizing the distri­ ate certain plants and facilities of Montgom­ ery Ward & Co .. in Chicago, Ill., in which a during the Civil War President Lincoln bution facilities, which represent 90 per­ strike is now in progress. From information suspended the writ of habeas corpus cent of the entire business,· and are not received from other agencies and depart­ without an act of Congress. He also, in covered by the Smith-Connally Act. ments of the Government I understand that a measure, suspended freedom of speech, There being no objection, the order the relevant facts are as follows: and freedom of the press, and it was and opinion were ordered to be printed Montgomery Ward is an Illinois corporation necessary for the Congress, in the au- in the RECORD, as follows: with its principal place of business in Chi­ cago, Ill. It is engaged in selling commodities tumn of 1861, to enact retroactive legis- ExEcuTIVE ORDER by mail order and at retail, and in manufac­ lation legalizing all the orders and proc- Whereas after investigation I find and pro- turing certain of the commodities that it lamations which President Lincoln had claim that there are existing and threatened sells. In the fiscal year 1943 the company's issued since the preceding 4th of March. interruptions of the operations of the plants gross sales amounted to $634,276,000. It is Mr. TAFT. The writ of hab~as corpus and facilities of Montgomery Ward & Co., one of the two largest mail-order houses in was suspended in the State of Maryland, located in Chicago, Ill., as a result of labor the United States. where there was practically a state of disturbances arising from the failure of The more important items of merchandise Montgomery Ward & Co. to comply with di­ that the company handles include automo­ insurrectiort. It was practically in the rective orders of the National War Labor bile supplies, building materials, farm ma­ war area. That action was held to be Board; that the war effort will be unduly chinery, equipment and supplies, including illegal by the Chief Justice of the United impeded or delayed by · these interruptions; repair parts; heating apparatus, plumbing States in a very courageous opinion. The and that the exercise, as hereinafter speci­ supplies, electrical supplies, clothing and general opinion since that time is that it fled, of the powers vested in me is necessary shoes, drugs, furniture, hardware, home fur­ was undoubtedly an illegal act for the to insure, in the interest of the war effort, nishings, dry goods, and tiles. President to suspend the writ of habeas the operation of these plants and facilities The company's plants and fac111ties in and of other plants and facilities which are Chicago, Ill., include a warehouse, a mail­ corpus, and that only Congress could do threatened to be affected by the said labor order division, and a retail store. It also op­ so. - disturbances: erates mail-order establishments in 8 other Mr. BARKLEY. That is true. Now, therefore, by virtue of the power and States and retail stores in each of the other Mr. TAFT. Congress subsequently authority vested in me by- the Constitution 47 States. The total number of the retail legalized the action. and laws of the United States, as President stores is in excess of 600. The company em­ of the United States and Commander in ploys approximately 70,000 persons. No ex­ Mr. BAR-KLEY. It legalized retroac- Chief of the Army and Navy of the United act information as to the number of its cus­ tively the orders which had been issued. States, it is hereby directed as follows: tomers is available, but it is conservatively President Lincoln acted under his powers 1. The Secretary of Commerce is hereby estimated that they number in the millions. as President and Commander in Chief authorized and directed, through and with The company owns four factories which of the Army and Navy in that war, which the aid of any persons or instrumentalitie& manufacture paints, varnish, fencing, and was, of course, a very unfortunate do- that he may designate, to take possession of part of the farm equipment and supplies sold tp.e plants and facilities of Montgomery Ward by the company. The paint factory is located mestic controversy between two sections & co., located in Chicago, 111., including the at Chicago Heights, Ill. Other commodities of the COl_:ntry. He felt that he had the mail-order house, the retail store, and the distributed by the company are bought by It authority to do so. No one who knows Schwinn warehouse, together with any real directly from manufacturers. 1944 CONGRESSIONAL RECORD-SENATE 3779 SAYS FACTORY IS IN WAR WORK purpc;>ses of collective bargaining, and (2) the 1943. On January 13, 1944, the Board di­ At the present time Hummer Manufactur­ terms and conditions of the agreements be­ rected that the terms and conditions of the ing Co., a division of Montgomery Ward & Co., tween the company and the union, particu­ contract should be extended without change located at Springfield, Ill., is engaged in mak­ larly those relating to union security, arbi­ for a period of 30 days, provided that the ing carburetors, propellers and gun mounts tration of employee grievances and seniority. union should within that time commence a for military aircraft. Hummer Manufactur­ The issues as to the. representation of dif­ proceeding before the National Labor Rela­ ing Co., also makes farm supplies and ma­ ferent units of the company's employees were tions Board for a determination of the repre­ chinery, including repair parts. Other divi­ determined by two certifications by the Na­ sentation question. sions of Montgomery Ward & Co., are engaged tional Labor Relations Board, one made on The Board further directed that 1f the in making or distributing other goods that August 26, 1"40, the other on February 28, union did begin such a proceeding the terms are essential to the maintenance of the war 1942, and by voluntary recognition of the and conditions of the contract should con­ economy. unions made by the company on April 27, tinue to govern the relations between the The company is an important distributor of 1942, and May 18, 1942. In the proceedings parties until the issues as to the right of rep­ general farm supplies and of farm machinery, before the National Labor Relations Board resentation had been determined or until which resulted in the certification dated further order of the National War Labor such as corn and cotton planters, deep and February 28, 1942, the Board found that the shallow well systems, soil pulverizers, hay company had been guilty . of unfair labor Board. Thereafter the union complied with loaders, and poultry and farm equipment. practices in its plant in Chicago. the Board's order by commencing a proceed­ Approximately 75 percent of the mail-order On June 2, W42, the Secretary of Labor, ing before the National Labor Relations customers of the company are farmers, en­ pursuant to Executive Order 9017, dated Board, but the company refused to extend gaged in the production of essential agricul­ January 12, 1942, certified to the War Labor the contract or to comply with its provisions. tural commodities, who live in areas where Board a dispute between the certified union After a hearing on March 29, 1944, the Na­ they must depend upon mail-order houses and the company over those terms and con- · tional War Labor Board directed the com­ for many necessary articles. ditions of the collective bargaining agreement pany to restore the status quo by complying Government agencies have recognized the that related to union security, arbitration with the order of January 13, 1944, and to importance of the company to our· war of employee grievances, and seniority. maintain the status quo thereafter until the economy. The War Production Board has The company then took the position that issue as to representation had been finally granted the company priority ratings for the it would never agree to include in the -con­ determined. The company has refused to materials it uses in the manufacture of com­ tract any provisions for arbitration of em­ accept this order. modities such as farm pumps, cream sepa­ ployee grievances, seniority, or union se­ Repeated efforts by the war Labor Board rators, paint, work clothing, wire and chain, curity. The company also objected to the to persuade the company to maintain the that the Board regards as essential to the jurisdiction of the Board. After a hearing, status .quo in Chicago so that the issue of war effort. The War Production Board has the public, industry, and labor members of representation could be decided in a peace­ also assigned preference ratings to Mont­ the Board, on June 29; 1942, unanimously ful and orderly way failed, and on April 12, gomery Ward to enable it to buy from manu­ decided that the dispute, if not peacefully 1944, the union called a strike in the Chi­ facturers other goods, for example, farm settled, might interfere with the effective cago plant. Approximately 5,500 persons are equipment, tools and supplies of various prosecution of the war, and that the dispute employed in the plant, and it is estimated kinds, that are required for essential civilian therefore fell within the Board's jurisdiction. that. the greater part of these employees are uses. A panel composed of representatives of in­ now on strike. The National War Labor Since April 1942, the Chicago branch of the dustry, labor, and the public heard the case Board states that there is substantial and company has filed with the War Production for the Board and issued a unanimous re­ immediate danger that this labor disturbance Board approximately 36,000 applications for port in two parts. The first part, dated will spread to other plants and facilities of preterence ratings of this kind. Because of August 31, 1942, dealt with the question of Montgomery Ward & Co., including those of the scarcity of paper and paper products, it wages. On September 5, 1942, the Board Hummer Manufacturing Co., which is now is impossible to obtain shipping containers unanimously adopted this part of the panel engaged in making parts for military air­ without a preference rating from the War report and incorporated its recommendations craft. Productlon Board. Montgomery Ward has in a directive order of the Board. The com­ The Board also reports that there is a real been given preference ratings to enable it pany voluntarily accepted this order. and present danger that the d1sturbance will to buy containers for packaging merchandise The second part of the panel report, dated spread to the plants and facilities of other to fill mail orders. October 18, 1942, dealt with the questions of companies, both in the Chicago area and else­ Furthermore, the War Production Board union security, arbitration of employee where, that are engaged in producing essen­ has given Montgomery Ward & Co. a prefer­ grievances, and seniority. On November 5, tial civilian and military goods. Local unions ence rating for maintenance, repair, and 1942, the Board, following the recommenda­ in Chicago in many of the important war operating supplies which enables the com­ tions contained in part 2 of the report, plants have voted to support the Montgomery pany to get supplies that W

A'l"l'ORNEY GENERAL' S CONCLUSIONS Congress for the purpose of carrying on the The mine owners signed, wrote their names In my opinion _the facts that have been war. · .on the contract. They, like other employe1·s summarized juStify the following conclu... The Constitution lays upon the President ' "ordered by the Labor Board to sign contracts, sions: the duty "to take care that the laws be faith­ ·feared to refuse. They feared what the ad­ .. L Montgomery Ward & Co. is engaged in fully executed." The Constitution also . ministration might do to them and they activities of a kind that are essential to the places upon the President the responsibility feared to be in the position of delaying pro- maintenance of our war economy. An inter­ and in vests. in him the powers of Commander duction of coal in wartime. (This is the com­ ruption or stoppage of t~e . company ' s activi­ in Chief of -the Army and Navy. In time of mon attitude and practice of employers ties would have a serious adverse effect upon war when the existence of the Nation is at ordered by the Labor Board to sign and carry the war effort. · · stake, this aggregate of powers includes au­ out one of its contracts-until the present 2. There is a real and present danger that thority to take reasonable steps to prevent case of Montgomery Ward.) the labor dfspute that is now interrupting Nation-wide labor disturbances that threaten But Mr. Lewis refused to sign. Nor did he the operations of the plimts and facilities of to interfere seriously with the conduct of the refuse silently-he publicly and flagrantly de­ the company in Chicago may extend through­ war. The fact that the initial impact of fied the Board, excoriated its contract-one out the Nation and interrupt the operations these disturbances is on the production or of his words was "infamous." of other plants and fac.ilitles· of the com­ ·distribution of essential civilian goods is not Thereupon the Labor Board passed the case pany. There is an equally real and present a reason for denying the Chief Executive and up to President Roosevelt (just as in the danger that the disputes will breed other the Commander in Chief of the Army and present Montgomery Ward case). The Board labor_ controversies that will interrupt the Navy the power to take steps to protect the :asked the President to compel Mr. Lewis to ·operations of plants and facilities of other Nation's war effort. sign, to ••comply fully" with the Board's order . companies, both in the Chicago area and OTHER LAWS ARE MENTIONED . A few dayl:i later, at a press conference, Mr. elsewhere, that are engaged in making or dis­ In modern· war the maintenance of a Roosavelt was asked whether he would com­ tributing goods or performing services that healthy, orderly, and stable civilian economy 'pel Ml:. Lewis to sign. The President replied are essential to the war effort. _ ·is essential to successful military effort. The that he would not, because he could not. In 3. Th~re is now no reason to expect that Congress has recognized this fact by,enacting . a spirit touched with petulance he asked the the· disputes bet\Yeen the com-pany_-anct · its newsmen what was he supposed to do-write such stat~des as the Emergency Price Control employees in Chicago and elsewhere in the _Act of 1943; the act of October 2, 1942, en­ Mr. Lewis a nice note on pink paper? United States will be· settled promptly and titled "An act to amend . the Emergency _ So, Mr. Lewis was nqt compelled to sign. peacefully either by agreement or by the ma­ . Price... Control Act of 1942 ,and to aid in pre­ ;Further, nothing was done to him for refusing . chinery that Congress has set up in the War venting inflation, and for other purposes"; Mr. Lewis just refused .to -sign, and that was Labor Disputes Act. the small business mobilization law of June that. The country learned that when one The basic_ legal question is whether you 1942; and the War Labor Disputes Act. ·party-to a labor controversy, the labor union, have the authority to take possession of ·u, Even in the absence of section 3 of the War retuses to sign a contract ordered by the Labor and to operate the plants and facilities of Labor Disputes Act, therefore, I believe that Board, nothing happens. Montgomery Ward & Co. in Chicago in order by the exercise· of the aggregate of your pow­ Now for the- Montgomery Ward case. The to prevent a serious interference with the ers as Chief Executive and Commander in immediate issue here is not whether. the Com­ war effort. Section 3 of the War Labor Dis­ ·chief, you could lawfully take possesion of pany shall sign a contract stipulated· by the putes Act (Public Law 89, 78th Cong.) pro­ and operate the plant!? and facilities of Mont­ Labor Board-but whether it shall continue vides ~n part as follows: gomery Ward & Co., if you fotlnd it necessary ,such a contract after it has expired. As such, The power of the President under the fore­ to do so to prevent injury to the country's the· Ward case inyolves the same principle going provisions of this section to take im­ war effort. as the Lewis case. Actually the two cases are mediate possession of any plant upon a I conclude that in the circumstances cf 'id-entical not only in principle but in circum­ faiiure to comply with any such 'provisions, stances. Review very briefly the history of and the authority granted by this section thi~ case section 3 ·of the War Labor Disputes Act and your. constitutional and statutory the Ward case: for th.e use ·and operation by the United In November 1942 the Ward Co . was involved States or in its interests of any plant of powers as Chief Executive and Commander -in Chief of. the Army and of the Navy, con­ in a controversy with a union (C. I. 0.). The which possession is so taken,, shall also apply Labor I!oard, following . its usual practice, as hereinafter provided to any plant, mine, sidered either separately or together, au­ ~ordered the company to sign a contract with or facility equipped for the manufacture, thorize you to direct the Secretary of Com­ merce to take posseEsion of and to operate the union containing provisions stipulated by ·production, or mi~ing of any articles or ma­ terials· which may be required for the war the plants and facilities of Montgomery Ward the Labor Board. The Ward Co . . refus.ed. -effort ·or which may· be useful in connection & Co., in Chicago, -Ill. · Thereupop the Labor Board, again following therewith. · The proposed Executive order, presented its usual practice, passed the case up to by the Chairman of the National Labor Board President Roosevelt, asking him to' make the SAYS PRESIDENT HAS THE POWER and forwarded for my consideration by the company comply. Such power and authority may be exerc-ised Director· of the Bureau of the Budget, has my President Roosevelt, in this case, said by the President through ·such department or approval _as to form and legality. _nothing about writing a nice note on pink agency of the Government as he may desig­ Respectfully yours, paper, Instead, he wrote the most formid­ nate, and may be. exercised with respect to ' FRANCIS BIDDLE, able document a President can sign. In any such plant, mine, or facility whenever Attorney General. part it read: "As Commander in ·chief in the President finds, after inveStigation, and time of war • • • I direct Montgomery proclaims that there is an interruption of the Mr. ROBERTSON. Mr. President, in Ward & Co. to comply without further delay." operation of such plant, mine, or facility as connection with the discussion which has Under this compulsion from the President, a result of a strike or other labor disturbance, taken place concerning the seizure of the Ward company signed. The c'ontract that the war effort will be unduly impeded Montgomery Ward & Co., I ask unani­ took effect, for the specified · period, 1 year. or delayed by· such interruption, and that mous consent to have printed in the On e}:piration of the contract last Decem­ the exercise of ·such power and authority body of the RECORD following the re­ ber, Ward did not continue it. The com­ is necessary to insure the operation of such marks of the distinguished Senator from pany could have done this on the simple plant, mine, or facility in the interest of the ground that there was no longer any con­ war effort. Ohio"[Mr. TAFT] u.n article by Mark Sul­ tract. But the company added a special On the basis of the facts that have been livan entitled "Montgomery Ward," ap­ reason-that the union no longer had a ma­ summarized, and the conclusions that those pearing in today's Washington Post. jority of the company's employees. fact~ justify, it is my opinion, first, that There being no ·objection, the article The union appealed to the Labor Board. the plants and facilities of Montgomery was ordered to be printed in the RECORD, The Labor Board ordered the Ward Co. Ward are the kind of plants and facilities as follows: to continue the contract (and at the same whose seizure is authorized by section 3 and, MONTGOMERY WARD time directed that an election ·be held to second, that you may properly make the find­ (By Mark Sullivan) determine whether the union still had a ma­ ings required by section 3 as a condition jority of the employees). precedent to the exercise of the power that MEANI~G OF SEIZURE The Ward Co. declined to obey the Labor it con'!ers. I believe, therefore, that section For understanding the Montgomery Ward Board's order, declined to continue the con­ 3 of the War Labor Disputes Act authorizes case, turn completely away from that case tract. Out· of this refusal, after various de­ you to take possession of and to operate the for a moment-we shall come back to it later. velopments, came the present seizure of the plants and facilities of Montgomery Ward & Turn to a wholly different case involving the Ward Co. Co. same principle. The seizure has many meanings, which go It is not necessary, however, to rely solely In july last year there was a controversy to the deeps of government and law, of the upon the provisions of section_3 of the War between coal mine owners and Mr. John L. rights of citizens of the country's social and Labor Disputes Act. As Chief Executive and Lewis as head of the United Mine Workers. economic structure. Of them all,. only one as Commander in Chief of the Army and The controversy went before the War Labor can be made clear in the space here avail­ Navy, the President possesses an aggregate of Board. The Board dictated provisions of a able. This is: The administration has one powers that are derived from the Constitu­ con tract. Then the Board ordered the mine practice for one group of citizens, labor tion and from various statut es enacted by the owners and Mr. Lewis to sign the contract. unions and their leaders; a different prac- 1944· CONGRESSIONAL. RECORD-=-SENATE 3781 tice for another group of citizens, ·the em- written by Mark Sullivan, in which Mr. I desire to read a paragraph or two ployers.· · Sullivan interprets the meaning of the from an. editorial which appeared in this ·In weigh~ng the significance of this seizure, . it would be a tragic mistake- to be misled by seizure of Montgomery Ward, I shall not morning's Washington Post, which is the fact that it happens in the field of ask to have included in my remarks be­ along somewhat .different lines from the labor relations, or that the victim of the cause it is already in the RECORD; How- article by Mark Sullivan. The writer of seizure is a corporation. What is emerging, . ever, it is very illustrative of the· reason the editorial says: if it goes on, is assertion of the right of why the people are upset, why they can­ ·The Attorney General's assumption that the Government to put compulsions, of a kind not comprehend that when there exists President might exercise the power of seiz­ and degree hitherto supposed to be impos­ a-Situation involving one ·segment of our ure without any legislative authorization will sible in America, upon any citizen, in any society the President wm· act Jn one way, give rise to even more violent dissent. For if area of life. and when it involves another segment the President can seize private plants distrib­ uting civilian goods whenever, in his judg­ Mr. WILEY. Mr. President, the issue of our society he will act in exactly the ment, the seizure becomGs necessary to pre­ in this matter is now squarely in the opposite way. This is serious. vent injury to the war effort, he might con­ courts. As has already been stated, the ·. The American people remember Pearl ceivably t ake over the whole of private indus­ contention of the Government is that Harbor. They remember the lesson try wit hout so much as asking for congres­ there is statutory authority for the step which they learned. The Nation was sional approval. One wonders why, if this is which has been taken. As has been asleep and not alert. The people also the President's notion of his general wartime stated by the distinguished Senator from remember that it was only a few years authority, he bothers to ask Congress for any Ohio [Mr. TAFT], the Attorney General specific authority. ago that great nation.s like Germany The extension of the powers of the Presi­ has cited the Smith-Connally law a$ such and other countries were asleep to the dent that would be made possible by accept­ authority. Secondly, that irrespective of moving tidal wave of fascism. And, Mr. ance of the sweeping Biddle opinion may well the statute, the President has wartime President, fascism · does not come over­ alarm Americans who do not believe that power to do what he has done in the night: It is a political disease in which any emergency confers dictatorial powers on Montgomery Ward matter. men get the complex that they, and only the President. I agree with the statements made on they, have power. If this matter were not in the courts the floor of the ·Senate that there is In our system of government, since the nothing in the Smith-Connally law, or I would make an extended legal argu­ days when the founding fathers framed m~nt on that proposition, but all at least that it was not the intention of the Constitution, thank God, we have through my years I have felt that when the Senators who voted fo'r it, that it had a system o(checks and balances. In a matter is in court it is time for the should contain anything which _would 1938, the year in which I was elected to average citizen to keep his mouth shut authorize the Executive to exercise the the Senate, there were only 15 Republi­ so that the court may dispassionately power which he has exercised in the pres­ can Members of this body. In that year approach the problem. There is, how­ ent instance. 8 more came to the Senate. However, we ever, a little different situation now. \Ve . I have stated that the matter is now lived through a period of so-called yes are the legislative body that passed a in the courts. ·In view ·of that fact, I men of executive control, a period when certain law, which the Attorney General hesitate giving my ,opinion on the sub­ the Executive was dominant. Then a claims has given the power which is now ject. ·I feel that the ·questiDn is in a place political revolution took place, the peo- being exercised, although there is not a where it can be decided without parti­ _ple awoke. Now, there are 37 Repub­ Member of the Senate who would take sanship, and in an atmosphere where licans in the Senate. This meant that the floor and state that it was the intent 1·eason and justice prevail. the people of this country wanted the of the Smith-Connally Act to give the Mr. President, there is only one reason whole idea, the fundamental concept of President such power. which causes me to take the floor today. checks and balances, to remain in opera­ · The people expect this body to remain The people of the country are very much tion in order that liberty might be pre­ on guard. There must be no usurpation concerned. Naturally, not having a legal served. of power by the _executive or any other background, in reading the various edi­ M~· own personal opinion is that even branch of our .Government. The dan­ torials in· the press and comments over if it should be held-and this is a time gers to our liberties are from within as the radio, they are concerned about the of war, and sometimes courts go pretty well as from-without. meaning of this step which has been far-that the President had the author­ taken. INVESTIGATION OF SEIZURE OF MONT- • ity to· act as he has, on either of the GOMERY WARD PLANT · I have been asked, as several other grounds urged, it was a mista~e of the Senators have-already stated they have Executive to seize the property of Mont­ Mr. BYRD. Mr. President, the use of been asked, What does this mean? As gomery Ward under the guise that the military forces to seize the retail stores children, the people read in their history of, Montgomery Ward & Co. and forcibly seizure was necessary to prevent injury 1 books that when certain conditions exist to the war effort. I am satisfied that eject their chairman will cause grave· martial law' may be declared, and then the first contention that the statute gives concern to millions of Americans. It has the powers of the courts and of the legis­ the authority is an absolute misinter­ ominous implications which should re­ iature are temporarily superseded. They pretation of the legislative intent. I ceive a very quickened public interest have also read in the newspapers only ask, Mr. President, is it not strange that even at. this time when the attention of recently of a courageous judge in Hawaii the very group which opposed the Smith­ the country is overwhelmingly· concetned who said that the civil rights and lib­ Connally bill now contends for a lop­ 'with our military operations abroad. erties of the people exist in wartime as sided interpretation of this kind? The Attorney General of the United well as in peacetime. States flew to Chicago to assume personal Many Senators have received telegrams . I repeat, it is well that the legal ques­ command of the armed forces, which he about the situation. They have been tions will be determined in the courts, utilized to enforce his demands upon the asked, in effect, Where do you stand? and I hope the determination will be business operations · of Montgomery My purpose is to say to them, "The courts made in an atmosphere which will be Ward & Co. He personally directed the have jurisdiction. Let us have faith in free from partisanship and prejudice and soldiers to enter the office of the chair­ the courts." , also free from war hysteria. I believe man and to remove the person of the I agree with the distinguished Sena­ that the courts will hold that undH pres­ 69-year-old chairman ftom his own office tor from Ohio that it would have. been ent conditions in this country, when we by physical force. He then directed the better procedure for the President to have even ceased-to have blackouts, when soldiers to seize all the books and other place the matter in the courts without we no longer need to fear bombing, the property of Montgomery Ward, using the resorting to this drastic . exemplification courts will hold there is no power in military forces of the United States Gov­ of authority. People do not.)ike such the President to seize private plants dis­ ernment, if such need were necessary. action. It does not make for good mo­ tributing civilian goods merely because For the first time in the history of our rale. small and big business are much he has an opinion that if he did not country we witnessed the spectacle of the concerned. · seize them it would injure the vlar ef­ Attorney General of the United States . The editorial which has been placed in fort. No; there must be something acting as a generalissimo in per.sonal the RECORD by my distinguished col­ more. However, I repeat, that is a ques­ char ~te of military forces to seize a non­ ieague from Wyoming [Mr. RoBERTSON] tion for the courts to decide. war business operation. XC--2S9 3782 CONGRESSIONAL RECORD-SENAT.E APRIL 28, The Montgomery Ward organization the United States in using military forces On February 11, 1944, I wrote to Mr. is engaged in the operation of retail to seize a business operation which can Biddle, asking him . the question which stores. It is not a war industry. It very properly be classed as nonwar, and appears in the following letter: does not come within the purview of the in which there has been little loss, if any, The Honorable FRANCIS BIDDLE, only law, the Smith-Connally Act, passed of eqUipment necessary to prosecute the The Attorney General of the by Congress authorizing the seizure of war. What reason, then, actuated the United States, washington, D. C. plant, mine, or facility, equipped for Attorney General of the United States in MY DEAR MR. ATTORNEY GENERAL: The the manufacture, production or mining leaving his duties at Washington and go­ Smith-Connally War Labor Disputes Act of any articles necessary for the war. ing to Chicago in a spectacular air trip provides that: "It shall be unlawful for any person to coerce, instigate, induce, conspire If Mr. Biddle can use the armed forces to take charge of the military forces that with, or encourage any person, to interfere, to seize the nonwar business of Mont­ ejected the chairman of the board of by lock-out strike, slow-down, or other in­ gomery Ward without the approval of Montgomery Ward? What reason had terruption, with the operation of such plant, either Congress or the courts, he can he to refuse to refer this case to the arbi­ mine, or facility" seized by the Government. seize any plant or business operation, tration of the courts so that under our Such a person is subject, under the Smith­ using the same military power whenever constitutional procedure it could be de­ Connally Act, to a "fine· of not more than such person or a business does some­ termined whether the War Labor Board $5,000, or to imprisonment for not more than thing to displease him, or does not im­ was right or Montgomery Ward was 1 year, or both." right? On November 1, 1943, at 6 o'clock, the Gov­ mediately obey a directive of one of the ernment seized tp.e bituminous coal mines, numerous bureaus of the Federal Gov­ If he succeeds in thus usurping the yet the strike continued for some days there­ ernment. power of both Congress and the courts, after. Have we reached a state in this coun­ will he then use the military forces to Was an investigation made by the Depart­ try that the directives of a Federal bu­ compel compliance with all the directives ment of Justice or by any other branch of reau can be enforced at the point of the of the various other bureaus of the Gov­ the Govemment, to your knowledge, to de­ bayonet? If the directives of the War ernment? termine whether or not John L. Lewis was Labor Board can be so enforced on a Today the American people are in the guilty of encouraging or instigating this nonwar business operation, then so can hands of a centralized and entrenched strike, slow-down, or interruption of work in the mines seized by the Government? Was ~ the directives issued by the Office of Price bureaucracy such as America has never a decision made by the Department of Jus­ Administration, the War Production before known. It is imperative, so as to tice that John Lewis was innocent of a viola­ Board, and the dozens of other Govern­ preserve our freedoms, that we safeguard tion of the Smith-Connally Act? . ment agencies, with the result that the the rights of the individual citizens to constitutional right of the citizens of appeal to the courts, and reqUire that Mr. Biddle waited for nearly a month, America to adjudication of their rights differences that may occur between the and on March 9 replied as follows: in the proper court of law will be denied citizen and any bureau of the Govern­ The Federal Bureau of Investigation has to them. ment shall not be settled by military discovered no evidence which indicates that In this instance, Mr. Biddle assumed force, but shall be de~rmined by the Mr. John L. Lewis, or any of the other inter .. Congress and the courts. national officers of the United Mine Work­ the position of both the judge and the ers, has violated section 6 of the War Labor prosecutor. Are we coming to a Gestapo It is very pertinent, in this connection, Disputes Act. in this -country? Does Francis Biddle to contrast the action of the Attorney cherish the ambition to be an American General in taking personal command of Mr. Biddle evaded my question as to Himmler? troops of the United States in order to whether or not the Department of Jus­ Our boys enlisted and were drafted eject the chairman of the board of Mont­ tice had conducted an investigation to to fight the Japs and the Germans. gomery Ward from his office and to take determine whether John Lewis was inno­ They did not enlist to enter the office of possession of all its properties, books, and cent of the violation of the Smith-Con­ businessmen throughout the country equipment, witlt the attitude of the nally Act and his reply was so worded as and drag these men from their busi­ President of the United States, the At­ to indicate that an investigation was not nesses by physical force and thus violate torney General, and all branches of the actually made by the Federal Bureau of the very principles of freedom at home Government toward the most arrogant Investigation. for which our sons are fighting and labor leader America ever produced, who I shall have more to say about this dying abroad to preserve. three times successfully defied his Gov­ Mr. President, on the floor of the Senat~ The American people are shocked by ernment in time of war, John L. Lewis. in the next few days, but I do want to em­ this unwarranted use of military power. Generalissimo Biddle did not lead an phasize that the ~ction taken . by the I do not at this time attempt to reach invading army 'into the office of John Attorney General in using military forces a decision in the controversy between Lewis. In fact, so far as I have observed, in this instance presents to the Congress the management of Montgomery Ward not one word of condemnation has been a fundamental .question which we must and the War Labor Board, but these uttered by him of the fact that John meet face to face, namely, if Congress facts are clear to me: Lewis instituted strikes, which oc­ permits any official of this Government First. Montgomery Ward is engaged casioned the loss of more than 40,000,000 to disregard the courts and to use mili­ in a non war. business operation. It is tons of coal, which is the most basic in­ tary force to compel acquiescence in the true that it furnishes through its mail­ dustry of all in producing military equip­ directives of various burea"Qs, then · we order department and.retail stores farm­ ment. Neither has the President at any have failed to perform our oath to pre­ ing implements and other things that time condemned John Lewis by name serve the Constitution of our country. have a connection with the successful for his strike actions. To the con­ Mr. President, I ask unanimous con­ prosecution of the war but, in answer trary, although John Lewis, in the time sent to insert in the body of the RECORD to this, Mr. Sewell Avery says that, not­ of the most desperate peril that has ever as part of my remarks, a statement withstanding the strike and the removal faced our country, deliberately incited which has been issued by Mr. Sewell on April 13 of the post-of'fke employees the coal miners to strike and cease pro­ Avery, chairman of Montgomery Ward - from the mail-order house of Mont­ ducing coal, he not only was not even &Co. gomery Ward, where they had been sta­ verbally reprimanded, he was not only There being ho objection, the state­ tioned for 30 years, the company is up not prosecuted, but he was rewarded by ment was ordered to be printed in the to date in the filling of all mail orders. having the Government surrender to his RECORD, as follows: If Montgomery Ward is engaged in a demands. I expect to show later on the 1\'lONTGOMERY WARD'S REPLY TO THE PRESIDENT war business, then a vast majority of all floor of the Senate that both- directly, OF THE UNITED STATES the business in America is likewise so and by subterfuge, John Lewis obtained Mr. President: We have your telegram of engaged, as hardly any business opera­ more for the members of his union than April 23, 1944. tion does not have some contact, in one he actually first requested, and did so Ward's welcomes the suggestion that an way or another, with the operation of the because · the administration, from the election be held at an early date to deter­ :war. President down, did not have the polit­ mine the employees' choice of representation. The question whether the- union represents No imperative need has so far been ical courage to do those things that a. majority of the employees in Vlard's man · shown for such extraordinary action as could have been done to compel the con­ order house and store in Chicago ha,s been that taken by the Attorney General of tinuation of coal production. pending since Novembe-r 16, 1943. Ward's 1944 CONGRESSIONAL RECORD-SENATE 3783 has repeatedly urged a prompt determination stttution and the fundamental rights which States in seizing the plant of Montgomery of this question, and has publicly announced the Constitution guarantees. Ward & Co., in forcibly removing the chair­ a readiness to recognize the union when Your assertion that, if Ward's does not ac­ man of its board of directors from the prem­ proof of its representation is presented. Al­ cept your direction, you will take further ises, and in the use of military force in con­ though over 5 months have elapsed since action, has been construed by the press to nection therewith, with a view to ascertain­ the question arose, the union has refused to tbreaten the seizure of Ward's plant and ing whether such action was warranted and show that it is the majority choice of the em­ business. authorized under the laws of the United ployees by either a card check or an election. The Constitution of the United States States. Ward's will continue to observe the wages, guarantees to the people the protection 'of For the purpose of this investigation, the hours, and related terms of employment as those fundamental rights without which committee, or any duly authorized subcom­ they were before the expiration of the for­ there can be no liberty. Under the Constitu­ mfttee thereof, is authorized to hold such mer contract. Ward's has made no change tion, Congress is the sole law-making author­ hearings, to sit and act at such times and in any of these conditions since December 8, ity. Neither the President of the United places during the sessions, recesses, and ad­ 1942, and could not do so under the wage States nor any otb.er official has the legal right journed periods of the Seventy-eighth Con­ stabilization law without prior governmental to seize any business or property ei.t_her in gress, to employ such clerical and other as­ approval. time of peace or in time of war unless Con­ sistants, to require by subpcena or otherwise Your assertion that the strike is interfer­ gress has expressly given him the power to the attendance of such witnesses and the - ing wit h the distribution of essential goods is do so. production of such correspondence, books, based upon misinformation. On April 13, the Congress has given the President no power papers, and documents, to administer such United States Post Office, presumably acting to seize the nonwar business of Montgomery oaths, to take such testimony, and to make on orders from Washington, removed its 70 Ward. Any seizure of Ward's plant or busi­ such expenditures as it deems · advisable. employees from the mail order house. For ness would be in complete disregard of the The cost of stenographic services to report more than 30 years the post office had main­ Constitution which the President is sworn such hearings shall not be in excess of 25 tained this department for the purpose of to uphold and defend. cents per hundred words. The expenses of handling parcel post shipments to ward's Ward's has violated no Jaw nor denied to the committee under this resolution, which customers. On April 17 the United States the union any privilege to which it is legally shall not exceed $1 ,000, shall be paid fronr Post Office refused to deliver to Ward's in­ entitled. the contingent fund of the Senate upon coming parcels from customers on which Respectfully, vouchers approved by the chairman of the postage had been fully p9.id. Despite the MONTGOMERY WARD & Co., committee. assistance given to the strike by the United SEWELL AVERY, Chairman. States Post Office, Ward's store has been open The PRESIDING OFFICER. Without for business during the usual hours each day Mr. BYRD. Mr. President, I submit objection, the resolution submitted by since the strike began and Ward's is up to date a resolution requesting that this matter the Senator from Virginia will be re­ in the filling of mail orders. be promptly investigated by the Senate ceived and lie on the table. Although Ward's welcomes Committee on the Judiciar.y. I ask that an early elec­ Mr. McCLELLAN. Mr. President, I tion, Ward'& cannot, under the law, grant. the resolution be read by the clerk, and special privileges to the union pending the lie on the table. wish to commend the able junior Sen­ election. To grant mai~tenance-of-union Mr. CHANDLER. Before the resolu­ ator from Virginia [Mr. BYRD] for his membership before the election is held, as tion is read, will the Senator yield? remarks on the :floor of the Senate today the War Labor Board has ordered, would not Mr. BYRD. I yield. and for submitting the resolution au­ only violate the employees' fundamental thorizing the Judiciary Committee of liberty of free choice but it would also permit Mr. CHANDLER. This is not the first instance of the use of the military power the Senate, or a subcommittee thereof, the union to demand the discharge of all the to make a thorough and immediate in- employees who have resigned from the union to take over plants. I call the Senator's since December 8, 1943. Compliance with the attention to the fact that very recently • vestigation of the action which has Board's order would thus make a mockery of troops moved in and took over the plants transpired in the seizing and taking over the democratic right of employees to choose of the Keh-Rad Corporation at Owens­ of the business establishment of Mont­ their bargaining representatives freely and boro and Bowling Green, Ky. There gomery War,d & Co. There is serious without interference. - might have been some excuse, or the Gov­ concern throughout the Nation today By ordering the retroactive reinstatement over this unprecedented incident. The of maintenance of membership, the War ernment might have thought it had some excuse, for taking over those plants, be­ Attorney General contends that it was Labor Board has demonstrated its utterly un­ done under authority of legislation en­ fair character, and its complete di~regard of cause they were making articles for the the command of Congress that its orders con­ Army and the Navy. But they were at acted by the present session or-Congress. form to the National Labor Relations Act. peak production, and there were under I am sure that no Senator, in voting • Ward's experience with the War Labor consideration two plans for increasing for the Smith-Connally Act, intended Board over a period of 2 years has convinced the pay of the employees. When the that any such authority be conferred as Ward's that the Board is a means by which plan submitted by the man in charge of has been invoked in the Montgomery special privileges are granted to labor unions. Ward case, nor interpreted it-s provisions The union members of the War Labor Board . the plants, the employer, was turned are men chosen for leadership of the unions, down, and he said he would not obey the as they are now construed by the Attor­ and have actually advanced the interests of order issued by the Board, the troops ney General of the United States. I the unions. The so-called public members moved in, and since they moved in and think this situation poses a question have consistently joined with the union mem­ actually took charge of the operations which goes to the very fundamentals of bers to support the demands of organized of the plants without any authority of a system of government which guaran­ labor. The so-called industry members are law and without submitting the question tees liberty to the individual citizen, and committeed to a policy of supporting the to the courts, production has fallen off. the Congress has a definite responsibility majority vote of the union members and the in connection with this problem. · union-dominated public members. Instead of accomplishing anything, the The War ~abor Board has always claimed war effort has really been retarded as Mr. President, I wish to announce my that its orders are law and must be obeyed. a result of taking over the plants. support of the resolution just submitted It has coerced innumerable employers into Mr. BYRD. That is not quite so bad by the Senator from Virginia. I believe acceptance of its order by threatening the as the present instance, because Mont­ the Senate should promptly. adopt it. It seizurE' of their businesses. gomery Ward is a nonwar industry. is true that the-issue has been thrown When Ward's brought suit to have the Board's orders declared illegal, the Board Mr. CHANDLER. But it shows the into the courts, but long and exhaustive asked the courts to dismiss the case. In disposition to take over plants if the court procedure necessary to a final con­ direct contradiction to its previous claims management do not obey a ruling of the clusion will not enable the Congress to of power, the Board's plea to the court was War Labor Board, and obey it promptly. acquaint itself with facts and informa­ that its orders were not legally binding, The PRESIDING OFFICER (Mr. Mc­ tion it may need in meeting its imme­ but were only advice which Ward's need FARLAND in the chair) . The clerk will not accept. The purpose of this plea was diate responsibility. The people have a read the resolution submitted by the Sen­ right to know and they want to know to deny Ward's a trial before the courts. ator from Virginia. The issues raised by Ward's case against the now what extreme rights and powers the War Labor Board are judicial questions which, The Chief Clerk read the resolution (S. Res. 286) as follows: Congress has delegated or what authority under the Constitution, only courts may de­ is being abused or usurped in this ex­ cide. The War Labor Board, by asking you Resolved, That the Committee on the Ju­ traordinary conduct of Government. to force Ward's to comply with its order diciary, or any duly authorized subcommittee while seeking to deprive Ward's of an op­ thereof, is authorized and directed to make In this connection, Mr. President, I portunity for a hearing in the courts, has a full and complete investigation of the ask unanimous consent to have printed demonstrated its lack of respect for our Con- action of the Attorney General of the United in the RECORD immediately following mY 3784 CONGRESSIONAL .RECORD-SENATE APRIL 28 remarks a telegram _which I have re­ session is so taken, shall also apply as here­ Since then I have introduced several inafter provided to any plant, mine, or fa­ other bills, the effect of which if they ceived from a large number of citizens in cility equipped for the manufacture, pro­ my State on this question. had been passed would have prevented duction, or mining of any articles or mate­ this disgraceful performance; but the There being no objection, the telegram rials which may be required for the war was ordered to be printed in the RECORD, effort or which may be useful in connection Senate has not seen fit to agree with me therewith. on these bills, and the committees to as follows: which the bills were referred have failed LITTLE RoCK, ARK., April 27, 1944. There is no dispute,. under the facts, even to report them to the Senate . .The Hon. Senator JoHN L. McCLELLAN, that Montgomery Ward & Co. is not a reason I introduced these bills was be­ Washington, D. C.: manufacturing "plant, mine, or facility Taking over private business not engaged cause it seemed to me that the Congress 1n manufacturing or distributing war mate­ equipped for the manufacture, produc­ and the President during the reign of rial by the President not authorized by act tion, or mining of articles or materials" the New Deal had turned this Govern­ of Congress or the Constitution Is pure dic· for the war etrort, but is a general mer­ ment over to a gang of labor-leader tatorship. We demand Immediate legislation cantile business engaged in supplying racketeers, and the purpose of my bills curbing the assumption of power by the War goods by man ·order for the civilian needs was to recover our Government from · Labor Board and the President before it is of the United States. I cannot see one this gang, and return it to the people. too1ate. scintilla of justification in the act for the I hope this sad incident at Chicago will Verne McMillen, Sid B. Readding, E. E. authority which has been assumed. George, Thos. S. Buzbee, John W. arouse the Members of both Houses of Atkinson, Edward L. Wright, W. The people of this country are right­ Congress to the point where they will Henry Rector, June P. Wooten, fully stirred up as a result of this action, take action that will curb the racketeer­ Henry E. Spitzberg, Wallace Davis, and I certainly hope the Senate will ing of labor leaders, and if the bills I C. E. Higgins, Arthur B. Coon, D. G. speedily adopt the resolution authoriz­ have introduced will not do 'the job, I Iliff, Cecil A. Gibson, J. C. Lewis, ing the investigation. The people of the hope some Senator will write stronger Edwin W. Pickthorne, Lawson L. United States today look to and expect biUs and bring them to the floor of this Delany, Fred Holder, L. D. Patty, R. E. Weaver, Jr., Drew Bowers, the Congress to, take action to protect Senate. Paul E. Speirer, Claude S. Hall, the fundamental liberties of the Amer­ While this Chicago incident is alarm­ R. L. Powell, Miriam Watkins, A. L. ican people and to protect our system ing, distasteful, and disgraceful to a Barber, Roy Donham, L. E. Scott, of Government. As I see it, the funda­ Nation that claims to practice democ­ J. C. Buchanan, Terrell Marshall, mentals of American liberty are involved racy, yet it seems clear to me that it is E. R. Parham, E. A. Vogel, A. S. in this issue. only the natural result of unsound legis­ Buzbee, A. C. Brown, W. A. Nicker­ I am shocked and amazed not only lation that has been passed by this New son, Cooper Jacoway, Frank J, Willis, J. Hugh Wharton, R. M. at the opinion of the Attorney General, Deal administration during the past 11 Traylor, A. C. Proctor, Warren but at his unheard-of action in seeking years. In other words, it is only the Baldwin, Glenn M. Motley, Albert to administer the order and directing the reaping of that which has been sown J. Heyden, S. Lasker Ehrman, Guy troops. This is contrary to my concep­ right here .in the Senate Chamber. B. Reeves, N. C. Withrow, J. A. tion of his duties, and is an unrivaled Mr. Presiden-t, I ask unanimous con­ Watkins, Ben Q. Adams, Earl W. precedent to establish. The investiga­ sent to have printed at the close of my Frazier, 0. D. Longstreth, Arthur tion will be fairly conducted by a Senate remarks copies of several telegrams E. Frankel, F. A. Sweeney, Lela L . • Bentley, W. F. Scott, H. W. Hous­ committee. I hope it will speedily be which I have received about the seizure ton, Dorothy S. Yates, John W. launched. of the Montgomery Ward & Co. retail Newman, Frank Pace, E. L. Carter, Mr. O'DANIEL. Mr. President, we store in Chicago,. together with copies John M. Harrison, Taylor Roberts, have just witnessed in this Nation a of the eight bills which I have introduced Fred Rogers, P. A. Lasley, Curtis L. tragic and disgraceful performance in the Senate and which are still slum­ Finch, M. F. T. Hanna, Edwin M. which most Americans would have said bering peacefully in some committee. Williams, E. C. Curtis, J. H. Mar­ only a few short years ago "could not These telegrams express the attitude of tin, R. E. Williams, M. A. Matlock, Grover T. Owens, Geo. S. Witten­ have happened here." But it has hap­ many of our citizens, and there are berg, W. N. Stannus, J. M. Gunn, pened, and the head of a reputable re­ thousands of others who feel the same John S. Gatewood, F. D. Watkins, tail store has been forcibly carried out way about this matter. I again urge the M. V. Moody, J. Fred Jones, Gloria of his place of business by our brave sol­ committees of this Senate which have Minkin, H. P. Hadfield, N. R. Over­ dier boys who joined the Army under my -bills to bring them to the floor of tlie street, E. L. Gradys, P. Scott. General Marshall to put Hitler out, but Senate for consideration. I am fully Mr. EASTLAND. Mr. President, I join some of whom have wound up under convinced that these bills cannot be the junior Senator from in ''Generalissimo" Biddle by putting Sewell .passed by this Congress as it is presently commending the distinguished Senator Avery out. This grandstand play was composed, but I should like to -put these from Virginia for his courageous speech made by "Gen.'; Francis Biddle, and honest constructive bill~ before this body today, and for the resolution which he its enactment has all the earmarks of once and have a yea-and-nay vote before submitted providing for an investigation imitating the generalissimo and his the general election so that the people by the Judiciary Committee of the Sen­ Gestapo of some foreign dictatorial gov­ may know just how each Senator stands ate of the action of the Attorney Gen­ ernment. Thus the raid that has been on these basic problems. This Chicago carried on by _the New Deal dynasty incident is only part of the havoc that eral of the United States in taking over against private enterprise in this Na­ has been inflicted upon the great rank the plant and business of Montgomery tion for about 11 years has reached its and file of the people of this Nation dur­ Ward & Co. When that resolution logical conclusion, and I am sure that ing the 11-year reign of the New Deal reaches the floor of the Senate I expect the Communists, labor-leader racket­ gang. It will take several generations of to support tt. eers, bureaucrats, and New Deal big­ sacrifice and suffering under sane ad­ As I understand, section 3 of the heads are very happy about the whole ministrations for us to ever get back to Smith-Connally Act is the principal detestable debacle. our American form of democracy as legal authority upon which the Attorney Immediately prior to my becoming a bequeathed to us by our wise forefathers General acted. I cannot see that he has United States Senator, I was Governor in the Constitution of the United States any authority. under that act, or the of Texas, and during my terms of office of America, Presidential war powers, to take over a as Governor, Texas enacted labor I am certainly glad that election time private mercantile business which is not legislation which has kept that State is not far off, and I sincerely hope that engaged in the war effort. Section 3 of practica1ly free of strikes while strikes the people of this Nati'on will go to the that act provides as follows: have been running rampant in other polls this year with "blood. in their eyes" The J?OWer of the President under the fore­ States and seriously retardin& the war and determined to conduct a thorough going provisions of this section to take 1m­ effort and costing the lives of many of housecleaning in Washington from the mediate possession of any plant upon a fail­ ure to comply with any such provisions, and our brave men on -foreign battlefields. cellar to the attic and at the same time the authority granted by this section for the When l came to the Senate August 4, elect men and women to Congress who use and operation by· the United States or 1941, I immediately introduced the same will pledge themselves in advance to sup~ 1n its interests of any plant of which pas- bill which had been enacted in Texas. port my Resolution No. 86 which pro- 1944 CONGRESSIONAL RECORD-SENATE 3785 vides for limiting the tenure of office to SAN ANTONIO, TEX., April 27, 1944, DALLAS, TEx., April 27, 1944, 6 years for every elected official in the Senator W. LEE O'DANIEL, Hon. W. LEE O'DANIEL, executive and legislative branches of our , Senate Office Building, Federal Government. Washington, D. C.: Washington, D. C.: Presidential action Montgomery Ward mat­ Have discussed the unwarranted and wholly There being no objection, the tele .. ter is the most dangerous move since the un-American procedure in the taking over of grams and bills were ordered to be Constitution of the United States was writ­ Montgomery Ward & Co., a retail and non­ printed in the RECORD, as follows: ten. We are expecting you to do something war producing concern by power-crazed of­ CORPUS CHRISTI, TEX., April 28, 1944. about it and quickly. ficials pretending to execute the laws of our Senator W. LEE O'DANIEL: N.H. WHITE. Government with approximately 25 of my Between Eleanor and her Negroes Franklin closest friends and business associates, and and his C. I. 0. has driven us Republican. SAN ANTONIO, TEX., April 27, 1944. without one dissenting voice they thought it F. E. NICHOLS. Senator W. LEE O'DANIEL, was the most contemptible C. I. 0. labor­ ROBERT A. HUMBLE, United States Senate, baiting move that has been foisted upon the Washington, D. C.: American Public. Each one has requested I NEW YORK, N. Y., April 27, 1944. Am vigorously opposed to seizure of Mont­ wire you their protest against such high­ Hon. W. LEE O'DANIEL, gomery Ward by the Government. Hope you handed procedure and request that you join United States Senate: feel likewise and that you make your feel­ any move for a thorough and far-reaching in­ The action of the President in taking pos­ ings known in no uncertain terms. vestigation that will eventually gain enough session of Montgomery Ward & Co. is an FRANK PATTON, momentum that will create such an outburst outrage, a violation of the Constitution, San Antonio Laundry. of public disgust and disapproval that our and a C. I. 0.-lation of the law. If this action Congress will take such steps to assert itself, is legal the President can take possession of and revoke the unlicensed and unconstitu­ any merchant's property or for that matter FoRT WORTH, TEX., April 27, 1944. tional action taken by the power-crazed of any business in the United States. I hope Honorable W. LEE O'DANIEL, White House officials. Please advise me at you as a Senator from this great State will United States Senate, once your attitude and intentions. protest. Washington, D. C.: E. E. FARROW. R. E. WooD, I wish to register my protest against the Sears, Roebuck, Chicago. Government action in the Montgomery Ward case in Chicago. FORT WoRTH, TEX., April 27, 1944. SAN ANTONIO, TEX., April 28, 1944. RUTH B. ZANT. Hen. W. LEE O'DANIEL, Senator W. LEE O'DANIEL, The United States Senate, United States Senate: Washington, D. C.: LONGVIEW, TEX ., April 27, 1944, Feel Montgomery Ward & Co. case being Trust you will use your influence for con­ Hon. W. LEE O'DANIEI., gressional action stopping Government tyrannically handled. How do you stand on Senate Office Building, this action? seizure of private nonwar business. Washington, D. C.: R. E. WILLSON, H. D. SIMMONS, Please use all your influence to save country Fort Worth, Tex. San Antonio, Tex. from terroristic methods of War Labor Board and Attorney General as exemplified in TYLER, TEX., April 28, 1944. Montgomery Ward case. If procedure that UVALDE, TEX., April 27, 1944. Hon. W. LEE O'DANIEL, case upheld we ~1ave lost war if we win it. Senator W. LEE O'DANIEL, · United States Senate: ELIZABETH L. LEE. Senate Chamber, Washington, D. C.: Seizure o: Ward plant in Chicago in viola­ LOUIS F. HART. Today it is Montgomery Ward. If you do tion of principles for which we are fighting. MRS. MIKE ANGLIN. not protest tomorrow inevitably it will be Your support of congressional investigation RUTH SUTTON CASWELL. Big Business, Inc.; Middle Size Business, a is requested. REBECCA MARINA CAMERON. copartnership; then poor old Joe DoaJrc:, doing JOHN R. CAMPBELL. R. A. JOHNS. business under the assumed name of Little B. A. BARRETT. Man, sole owner. Come on Senator, say FoRT WoRTH, TEx., April 28, 1944. something-do something-the time is now. Senator W. LEE O'DANIEL, SUTFLE & KASSLER, Washington, D. C.: FORT WORTH, TEX., April 27, 1944. Attorneys at Law. The Government handling of the Mont­ Hon. W. LEE O'DANIEL, gomery Ward case is disturbing too many of United States Senate, your constituents. Do you agree with this Washington, D. C.: SAN ANTONIO, TEX., April 27, 1944. un-American procedure; if not is there any­ I wish to register my protest against the Senator W. LEE O'DANIEL, thing that you can do about it? Government action in the Montgomery Ward Senate Office Building, J. M. DYSART. case in Chicago. Washington, D. C.: JERE H. CASON. Please vigorously protest in the name of TEXARKANA, ARK ., Ap?"il 27, 1944. common decency the seizure by the Army of Hon. W. LEE O'DANIEL, SAN ANTONIO, TEX., April 27, 1944. Montgomery Ward, retail store in Chicago, Senate Office Building, for the sole purpose of winning its strike f.or Washington, D. C.: Hon. W. LEE O'DANIEL, Senate Office Building, the c. I. 0. It may interest you to know I have sent J. M. HARRIS. following telegram to all Texas and Arkansas Washington, D. C.: Members of Congress: "If it is legal for I am terrified at the report in today's press Roosevelt by force to · turn Wards over to of the action of our Government in the SAN ANTONIO, TEX., April 27, 1944. C. I. 0., who made it legal and what do they C. I. a.-Montgomery Ward controversy. I am Senator W. LEE O'DANIEL, intend to do to remedy situation?" We sure our representatives will not let it pass United States Senate Building, know your attitude and approve. It will without challenge of the strongest kind and · Washington, D. C.: want to add my appeal to you to use your 1nterest you to know that at meeting of I have been a Democrat for 23 years, have more than a hundred Texarkana businessmen great influence to correct this situation and prevent a recurrence ever in the future. taken the bad with the good in the interest last night Mayor William V. Brown an­ of the party, but this Montgomery Ward out­ nounced you are only present Member of T. D. ANDERSON. Congress he will vote for again. Much ap­ rage on the part of the President and Jesse plause. Brown served seven terms as city Jones is more than I can stomach. Have sup­ attorney and is now beginning his sixth HouSTON, TEx., April 27, 1944. ported you in all of your campaigns but I term as mayor. Being elected this time Senator W. LEE O'DANIEL, would like to know what you are going to do without opposition, and is politically wise. Washington, D. C.: about this. HENRY HUMPHREY GAZETTE, Roosevelt's seizure of Montgomery Ward is JOHN M. COLEMAN, the most high-handed piece of dictatorship San Antonio, Tex. WICHIT.\ FALLS, TEX., April 27, 1944. ever forced upon the American people. The· w. LEE O'DANIEL, voters of Texas look to you as their repre­ Washington, D. C.: sentative to fight this outrageous unconstitu­ SAN ANTONIO, TEX., April 27, 1944. The third term did enough damage to the tional seizure of lawfully conducted private Senator W. LEE O'DANIEL, Deniocratic Party. Fourth term of dictator­ industry. I am a foreman in a shipyard and Washington, D. C.: ship will put an end to our party and every­ I know how the average man feels about this The Montgomery Ward seizure looks lilte thing else that is dear to the American people. sort of thing. going too far. W. F. McCoLLUM, W. B. OSBORN. G. W. MITCHELL. 378G CONGRESSIONAL. RECORD-SENATE APRIL 28

. SAN ANTONJ;o, TEx., April 27, 1944. HoUSTON, TEX., April 27, 1944, Ward. It would seem that the time hae Senator W. LEE O'DANIEL, Hon. W. LEE O'DANIEL, come for Congress to act to protect the con­ Senate Office Building, United States Senate, stitutional rights of business and to curb the Washington, D. C.: Washington, D. C.: unconstitutional methods of our executive Vigorously protest the President taking over Press reports indicate very clearly the un­ branch. private bU3iness such as Montgomery Ward fairness of the action of the War Labor Board Loyal supporters, by use of troops. Such procedure is un· in handling Montgomery Ward's employee Mr. and Mrs. J. N. C. CAMERON. thinkable in America and the President situation and numerous others of similar na­ should not be permitted to use troops to ture; also, the taking over and operation of give aid and comfort to a. C. I. 0. strike. the properties violate every principle of the WASHINGTON, D. C., April 26, 1944. such procecture should be stopped immedi· Constitution which so many of our young HON. W. LEE O'DANIEL, a.tely. men are making the extreme sacrifice to de· United States Senate, Washington, D . C.: JOE S. SHELDON, fend, and there is no evidence that this action Roosevelt's illegal and unlawful and ap­ on the part of the Board will produce any parently impeachable act against Montgom­ benefit toward the successful conclusion of ery Ward & Co. seems to me to endanger the SAN ANTONIO, TEX., April 27, 1944. constitutional rights of all citizens and. in Hon. W. LEE O'DANIEL, this terrible struggle. Therefore, we violently protest the dictatorial action of the War my opinion, smacks of fascism, the thing we United States Senate, Labor Board and urge that it be made to are supposed to be fighting abroad. Please Washington, D. C.: help rectify situation. Thanks and regards. The seizure of the· Montgomery Ward Co. turn to a policy of fairness to one cand all alike or be' abolished. E. M. NICHOLS. by the President's edict is a disgraee to de­ Southern Floral Co.: J. W. Weather­ mocracY.. If allowed to stand this action is the beginning of the end of free enterprise ford, president; A. L. Wright, John DALLAS, TEX., April 27, 1944. in this country: We believe Congress should Hatteberg, Mrs. A. W. Gilbert, H. HON. W. LEE O'DANIEL, act quickly and effectively in this matter. Purcell, F . A. Weatherford, R. M. United States Senate: RAY LEEMAN, Hicks, Jack Dempsey, employees. If the National Labor Relations Act legally Executive Vice President, South permits the action of the President of the Texas Chamber of Commerce. HOUSTON, TEX., April 27, 1944. United States -in taking over the business of Senator W. LEE O'DANIEL, Montgomery \""'.'ard & Co., the Congress is directly responsible for a political condition SAN ANTONIO, TEX., April 27, 1944. United States Senate, Washington, D. C.: that parallels Hitler's philosophy agamst Hon. W. LEE O'DANIEL, which we have declared war and in an effort Washington, D. c.: · The executive department claims that the Montgomery Ward outrage against consti­ to destroy this philosophy you are sending In our opinion Government taking over our boys overseas. As a citizen I petition Montgomery Ward is unwarranted infringe­ tutional democratic government was qirectly authorized by acts of Congress. If Congress you for immediate action toward amending ment of rights of individual enterprise. Are this law to make such a situation impossi­ relying on you to prevent further similar is responsible, the mistake should be imme­ diately corrected. If we permit our Govern­ ble. The reported action of the Post Office action. Department is inexcusable under the taws c. c . LEE, ment to ignore the Constitution, usurp totali­ tarian power, and govern us by armed forces, of our country and must be immediately Executive Secretary, San Antoni o corrected. M anujacturers AsSOC}iation. we have surrendered our liberty and our de­ mocracy is gone. If our Chief is usurping CRUGER T. SMITH authority not granted him by congress and SAN ANTONIO, TEX. , April 27, 1944. denied him by the Constitution, impeach­ SAN ANTONIO, TEx., April 28, 1944. Hon. W. LEE O'DANIEL, ment proceedings are in order. Senator W. LEE O'DANIEL, United States Senate, JOHN A. DEERING. United States Senate Office Bui lding, Washington, D . C.: Washington, D. C.: We feel that the action taken by the Gov­ DALLAS, TEX., April 27, 1944. As a native Texan I vigorously protest ernment 1n the case of Montgomery Ward Senator W. LEE O'DANIEL, Army taking over Montgomery Ward, a retail demands immediate investigation by Con- Washington, D. C.: store, in order to protect C. I. 0. Congress gress. As a voter, I ask that Montgomery Ward should take action. H. J. RICHTER, be returned to its owner and overpowering MARsHALL 0 . BELL. President, R ichter's Bakery. of the President's orders to seize this com­ pany. DENTON, TEX., April 28, 1944. SAN ANTONIO, TEX. , April 27, 1944. E. J. WRIGHT. Hon. W. LEE O'DANIEL, Hon. W. LEE O'DANIEL, United States Senate, Washington, D. C.: DALLAS, TEX., April 27, 1944. Washington, D. C.: Seizure of Montgomery Ward Co. over union Senator W. LEE O'DANU:L, Re President's seiZure Ward. If Congress maintenance contract very alarming to re­ Senate Building: has granted President the arbitrary powers tail business and free enterprise. Please use Soldiers with fixed bayonets stood guard used, Congress is -the agent which has de­ your good office to correct this situation and at the entrance while a Gestapo squad with stroyed American liberties and the Ameri­ let's return to constitutional government and cocked rifles went directly to Mr. Avery's can Bill of Rights. American citizens, the our Bill of Rights. office. owners of any business, also have constitu­ A. L. BECKER, w. H. JOHNSEN. tional rights which neither Congress nor the Handy An dy, inc. President has any right to usurp. It 1s time DALLAS, TEX., April 27, 1944. to correct the situation. Hon. LEE O'DANIEL, MORRISON MILLING Co. DALLAS, TEX., Ap1·il 27, 1944. Senate Office Building: E. W. MORRISON, Ron. W. LEE O'DANIEL, I note with alarm the Montgomery Ward President. United States Senate Office situation. Is the C. I. 0 . or congress running Building, Washington, D. C.: our country? Picture on front page of this evening's Dal­ SAN ANTONIO, TEX., April 28, 1944. las Times-Herald is most disgusting exhibi­ E. L. DALTON. Senator W. LEE O'DANIEL, tion of autocratic powers of Roosevelt ad­ washington, D. c.: ministration local populace has ever wit­ EVANSTON, ILL., April 26, 1944. What has happened to Montgomery Ward nessed. Two soldiers are depicted throwing SENATOR w. LEE O'DANIEL, in Chicago is a disgrace to the Nation, and Sewell Avery out of Montgomery Ward office. Senate Building, Washington, D. C.: it is high time that you representing us in Why don't you demand immediate Senate Regarding Montgomery Ward seizure, I Texas did something about it. What are we investigation of this whole 11legal proceed­ implore you take immediate action to re­ fighting Hitler for? ing. Procedure is most unwarranted usur­ strain this Presidential action. This is non­ GENERAL SUPPL'l( Co., lNc., pation or citizen rights I have ever :::een. war issue. Civil rights and liberty must be G. B. PRENTISS,· President. What are we fighting for; the free Ameri­ protected. The upright citizen's hope lies can, or are -we being ruled by labor unions with Congress. and the Gestapo? Take action as an elected W. R. WHITELEY. BAY CITY, TEx., April 28, 1944. representative of Texans who can't stomach Sena tor W. LEE O'DANIEL, this last outrage against the rights of every HousToN, TEx., April 26, 1944. Senate Building, Washington, D. c.: American citizen. If they get away with this Senator W. LEI: O'DANIEL, The citizens of Bay City and Matagorda in Illinois, they can do the .same thing any United States Senate, Washington, D. C.: County are thm:oughly aroused because of other place. Warmest regards. Were alarmed to hear the news that the the drastic and dictatorial action taken by C. ANDRADE. Government had taken over Montgomery the Federal Government in confiscating the 1944 CONGRESSIONAL RECORD-SENATE 3787 property of Montgomery'Ward Co. in Chicago. S.726 provisions of subsection (a) of this section It is the belief of our people that Congress A bill to amend the National Labor shall, for a period of 2 years after such vto­ should now take steps to curb the a$sumed Relations Act lation occurs, be eligible to enter into any powers of the Executive. As we interpret contract with the United States; and no of­ Be it enacted, etc., That section 8 of the ficer or agency of the United States shall the action, it was done only for the benefit National Labor Relations Act 1s amended by of the labor unions. If the Government is enter into a contract with any such employer adding at the end of such section a new para­ during such 2-year period. The Secretary of successful in this case anyone's private busi­ graph to read as follows: ness is unsafe in America. We sincerely and Labor shall keep the various contracting of• "(6) Nothing in this act shall be con­ ftcers and agencies of the United States in· earnestly request and even demand that strued as preventing the employer . om ex­ Congress do something now to prevent fur­ formed as to the names of employers who pressing his opinion concerning any matter are ineligible by reason of this section to ther encroachment on the civil rights of the affecting the relationship between employer American people. and employee. The employer shall be free to enter into contracts with the United States." BAY CITY CHAMBER OF COMMERCE, state to his employees his opinion and prefer­ By E. 0. TAULBEE, President. ences concerning any labor organization, or s. 190 organizations, seeking to secure the right to A bill to amend certain provisions of law represent his employ~es and such right shall relating to overtime pay, and for other s. 189 include the right of the employer to free purposes and open discussion of all the issues involved: A bill making unlawful the use of force or Be it enacted, etc., That section 7 of the violence, or threats thereof, to prevent or Provided, That the employer in such discus­ sion shall not threaten to deprive his em­ Fair Labor Standards Act of 1938 is amended attempt to prevent any person from en­ to read as follows: gaging in any lawful vocation ployees of any rights which they have under the law." "SEc. 7. Every employer shall pay to any Be it enacted, etc., That it shall be unlaw­ of his employees who are engaged in com­ ful for any person by the use of force or merce, or in the production of goods directly violence, or threat of the use of force or s. 727 or indirectly for commerce, compensation at violence, to prevent or to attempt to prevent A bill to amend the National Labor Relations the same rate for all hours worked by such any person from engaging in any lawful voca­ Act employee during any pay period." tion. SEc. 2. Until the termination of the wars eEc. 2. It shall be unlawful for any person Be it enacted, etc., That so much of the first sentence of section 8 of the National in which the United States is now engaged, acting in concert with one or more other (a) no provision of Federal or State law persons to assemble at or near any place Labor Relations Act as precedes paragraph ( 1) of such section is amended to read as which limits or restricts hours of employ­ where a labor dispute exists and by the use follows: ment shall be applicable with respect to em­ of force or violence, or threat of the use of "SEC. 8. It shall be an unfair labor practice ployees of any contractor who 1s engaged force or violence, prevent or attempt to pre­ for an employer, a labor organization, or an . in the performance of work directly or in­ vent any person from engaging in any law­ officer, member, or employee of a labor or­ directly necessary for the fulfillment of any ful ·vocation, or for any person to promote, ganization, or any other person or per­ contract between such contractor and the encoura'ge, or· aid any such assemblage at sons-." United States, and (b) no provision in any which such force or violence, or threat contract heretofore or hereafter made with thereof, is so used. As used in this section, the United States restricting or limiting the the term "labor dispute" shall have the s. 728 hours of employment of employees employed meaning assigned to it in section 2 (9) of the A bill to amend the National Labor Relations under or in connection with .such contract, National Labor Relations Act. Act and no penalty or forfeiture for violation of SEc. 3. Any person who violate& any pro­ Be it enacted, etc., That paragraph (3) of any such provision shall be enforceable by vision of this act shall, upon conviction section 2 of the National Labor Relations Act any officer or agency of the United States. thereof, be imprisoned for not less than 1 is amended by striking out the period at the SEc. 3. The act entitled "An act to provide year nor more than 2 years. end of such paragraph and inserting in lieu conditions for the purchase of supplies and SEC. 4. If any provision of this act or the thereof a colon and the following: "Provided, the making of contracts by the United application of such provision to any person however, That the Board shall have no power States, and for other purposes," approved or circumstance shall be held invalid, the to order the reinstatement of an employee June 30, 1936, is amended by adding at the validity of the remainder of the act and the or order payment of back wages to an em­ end of the first section thereof the following applicability of such provision to other per­ ployee where the employee has willfully en­ new paragraph: sons or circumstances shall not be affected gaged in violence or unlawful destruction or "(f) When the wage rates for regular hours thereby. seizure of property in connection with any of employment have been determined for the labor dispute or in connection with any ef­ purposes of this act, the same hourly wage fort to organize the employees of said em­ rates shall apply with respect to all hours Senate Joint Resolution 4 ployer; nor shall any employer be required worked during any day or workweek or other Joint resolution proposing an amendment to to accept as a collective bargaining agency work period in employment with respect to the Constitution of the United States, rela­ to represent his employees any person or or­ which wages are determined under this sec­ tive to freedom to work ganization that has willfully engaged in vio­ tion." Resolved by the Senate and House of Rep­ lence or unlawful destruction or seizure of resentatives of the United States of America property in connection with any labor dis­ Senate Joint Resolution 86 in Congr ess assembled (two-thirds of each pute or in connection with any effort to Joint resolution proposing an amendment to House concurring therein), That the follow­ organize the employe.es of said employer." the Constitution limiting the tenure of ing article is hereby proposed as an amend­ office of President and Vice President of the ment to the Constitution of the United s. 191 United States and Members of Congress to States, which shall be valid to all intents 6 years and imposing limitations on the and purposes as part of the Constitution A bill relating to the hours of employment, appointment or election of certain persons when rati-fied by the conventions in three­ compensation, and conditions of employ­ to office. fourths of the several States: ment of employees engaged in interstate commerce or the production of goods for Resolved by the Senate and House of Repre­ "ARTICLE-FREEDOM TO WORK such commerce or employed in the per­ sentatives of the United States of America in "SECTION 1. No person shall be denied em­ formance of any Government contract Congress assembled (two-thirds of each House concurring therein), That the follow­ ployment because of membership in or af­ Be it enacted, etc., That the Fair Labor filiation with or resignation from a labor ing article is proposed as an amendment to Standards Act of 1938 be amended as follows: the Constitution of the United States, which union, or because of refusal to join or af­ At the end of the act, insert the following: filiate with a labor union; nor shall any cor­ shall be valid to all intents and purposes as "That during the wars in which the United part of the Constitution when ratified by the poration or individual or association of any States is ·engaged no employer shall enter kind enter in.to any contract, written or legislatures of three-fourths of the several into any contract or arrangement, or en­ States: oral, to exdude from employment members force or carry out the provisions of any of a labor union, or person who refuse to join contract or arrangement, which provides that "ARTICLE- a . labor union, or because of resignation with respect to employees engaged in inter­ "SECTION 1. The term of office of each from a labor union; nor shall any person state commerce or in the production of goods President of the United States and of each against his will be compelled to pay dues directly or indirectly for such commerce, or Vice President of the United States elected to any labor organization as a prerequisite to engaged in performing work under any con­ after the date of this article takes effect <>hall or condition of employment. tract with the United States, there shall be be 6 years; and no person who shall have "SEc. 2. The Congress shall have power to any discrimination against any person be­ served as President or Vice President shall be enforce this article by appropriate legisla­ cause he is or is not a member of a labor eligible for election to the office of President tion." organization. No employer who violates the or the office of Vice President. 3788 CONGRESSIONAL RECORD-SENATE APRIL 28 "SEC. 2. No person shall be eligible for elec­ our assets. That is true in peace. It ation with other governmental agencies tion or appointment to the office of Senator is more so in war. and with the civilian organizations in this or Representative in Congress for any term field. It maintains close cooperation with which, if served by such person, would cause It is my understanding that at least the aggregate service of such person ·ae a one-third of the doctors in the United the Navy, Selective Service, Vetera~' Member of either or both the Senate and the States are in the various branches of Administration, and with civilian groups House of Representatives to exceed 6 years. our armed services. That enables our through the National Research Council. "SEC. 3. Nothing contained in section 1 or men to have the best medical care of any More than 100 of the Nation's outstand­ section 2 of this article shall be construed to of the armies at war. Wishing to pay ing physicians, surgeons, epidemiologists, prevent any person who may hold the office tribute to the medical profession for its and research workers in infectious dis­ of President, Vice President, Senator or war efforts, I have made considerable re-· eases have been appointed as civilian Representative in Congress, during the term within which this article is ratified from search into the subject. The informa­ consultants to the Surgeon General of holding such office for the remainder of such tion I have is derived largely from Army the Army. One or more of these groups term. sources. I am certain, however, that the is constantly in the field studying and "SEC. 4. No person shall be appointed to same fine record has been made by those advising at points where the welfare of any civil office under the authority of the in other services. I have felt that the our soldiers is threatened, and findings United States who holds, or who shall have people at home should have a better in medicine, surgery, and disease preven­ held within 5 years next preceding the date knowledge of what is being done for those tion oil all fronts are recorded for the of such appointment, the office of Senator or mutual benefit of the various theaters of Representative in Congress or of judge of who are in the armed services. It is any court under the authority of the United largely for this purpose that I speak. operations and for what will be the ulti­ States, but nothing contained in this section Mr. President, there is no activity in mate benefit of peacetime civilizations. shall be construed to prevent the appoint­ this war which affects so certainly the Many diseases and many types of ment or assignment of a person who holds happiness of our citizens generally after wounds that took great toll in World War the office of judge of a court under the victory, as does the medical care of our No.1 have been so well harnessed or con­ authority of the United States, to the .office soldiers. Whether our boys come home trolled in this war that the occurrence of judge of any other court under the au­ or not will depend largely upon the doc­ and mortality rates are only small per­ thority of the United States. centages of what they were then. New "SEc·. 5. This article shall be inoperative tors who have volunteered their services unless it shall have been ratified as e.n to the Medical Corps. Whether, if the drugs-sulfanilaniides and penicillin­ amendment to the Constitution by the legis­ boys return alive, ·they will be in con­ blood plasma, adequate surgery at the latures of three-fourths of the several States dition to be useful members of society front lines, and quick evacuation of our within 7 years from the date of its submission again will in all likelihood depend upon troops have been among the largest con­ to the States by the Congress." the medical services rendered under the tributing factors in reducing disease oc­ RETURN TO PRIVATE OWNERSHIP OF Army's medical program. currence and mortality rates. ..The re­ GREAT LAKES VESSELS-CONFERENCE The wounded soldier in this · war, duction is also due to the fact that our REPORT thanks to our Army doctors, scientists, medical department strives to forestall Mr. RADCLIFFE submitted the follow­ and medical administrators, has the best epidemics of influenza and other diseases chance of recovery after he reaches an rather than stopping them after they are ing report: Army hospital of any soldier of any coun­ started. All these factors are involved, The committee of conference on the dis­ try in any war in history. Less than 3 plus the heroic doctors and nurses and agreeing votes of the two Houses on the percent of the wounded who reach hos­ medical department enlisted men. amendments of the Senate to the bill (H. R. pitals die. And if the soldier reaches an We hear accounts almost daily of doc­ 3261) to amend ·the act· of April 29, 1943, evacuation hospital he has five times the tors being killed .or wounded at the front to authorize the return to private ownership chance of survival that he had in World while treating those who have fallen in of Great Lakes vessels and vessels of 1,000 War No.1. battle, of unarmed medical enlisted men gross tons or less, and for other purposes, having met, after full and free conference, Not only is the medical department's losing their lives in seeking to rescue have agreed to recommend and do recom­ program for wounded soldiers an excep­ wounded, while bullets are whizzing mend to their repective Houses, as follows: tional one, but the- Army program of about, and of nurses kneeling on the That the Senate recede froJU its amend- preventive medicine insures that every muddy ground of treatment stations ments numbered 1, 2, and 3. mother's son will have a chance to main­ amidst falling bombs to administer to the GEORGE L. RADCLIFFE, tain far better health in service than he seriously wounded. Nurses have lost .ARTHUR H. VANDENBERG, ever had in civilian life. Deaths in the their lives, too, and the way these gallant (Per GEORGE L. RADCLIFFE.) Army from all diseases were 6 per thou­ women ha:ve endured privations, slept on Managers on the Part of the Senate. sand men in 1943. The same rate was the ground, and worked in the rain S. 0. BLAND, maintained in 1942. The rate for the en­ is the most noble story of American ROBERT RAMSPECK, womanhood. RICHARD J. WELCH, tire civilian population of the United JOSEPH J. O'BRIEN, States for 1942 was 9.5 deaths per thou­ In treatment of battle casualties strik­ Managers on the Part of the House. sand. Of course, that includes all ages, ing changes have taken place. Methods but it is considered noteworthy that the have been developed for the successful The report was agreed to. soldier in the Army has much less chance surgical treatment of wounds of the head, of dying from disease than those in civil chest, and abdomen which were consid­ SERVICES OF THE MEDICAL PROFESSION life. More than that, he may return to ered hopeless only two decades ago. The IN THE WAR his peacetime job healthier and stronger new method of taking surgery to the Mrs. CARAWAY. Mr. President, there physically by reason of the knowledge of front lines in this war is paying off in have been engaged in the present great healthful living gained while in the lives saved. This contrasts favora,bly confiict many heroic individuals and service. with the method of the First World War groups who have not been accorded the Every citizen is entitled to know of the when surgery often had to be delayed for praise to which they are entitled. care that is taken to keep our soldiers hours until troops could be taken to hos­ This is but natural in a war effort so well, and of the fine medical attention pitals in rear areas, according to sur­ gr~at as the one in which we are en­ they receive if, unfortunately, they fall geons who served in both wars and saw gaged. The work which these individu­ sick or are wounded. Friends and rela­ both systems in operation. According to als and groups do may not be so spectac­ tives may gain much comfort from know­ the Surgeon General, it is a well-estab­ ular as that which is done by others, but ing that in our Army hospitals the sol­ lished principle that the sooner treat­ it is just as valuable and as necessary dier receives as good or better profession­ ment can be given the wounded the m·ore in winning the final victory. al care than one ordinarily receives in successful will be the results. Thus far • I have long been an admirer of the civil life. Our Surgeon General, Maj. results have justified the Army's taking medical profession. America owes much Gen. Norman T. Kirk, bas been one of the surgery to the front lines, with hundreds to it. It would take more time than is most prominent American surgeons since of highly skilled surgeons, trained tech­ allotted to me adequately to comment the days of the First World War. nicians, and surgical nurses organized in upon the subject; suffice it to say that Probably no branch or service of the every theater of operations. the health and proper medical care of Government has the record the Army New equipment has been invented for our citizens is one of the most vital of medical department has for close cooper- this front-line surgery, including mobile . /

1944 CONGRESSIONAL RECORD-SENATE 3789 surgical operatinG trucks and portable chest X-ray examinations to men in­ be the source of extensive knowledge for hospital equipment that may be carried ducted into the Army. This is now Army the whole medical profession now and on the backs of men through jungles, routine. These tests have been the after the war. across icy stream;:;, and up mountain means of detecting early tuberculosis in The reconditioning program of the passes. the case of thousands of men and women -Army-a departure from the old method The importance of blood plasma in who, not suspecting that they had the of letting a patient lie in bed, with saving the lives of men suffering from disease, might have permitted it to pro­ nothing to employ mind or body-has wounds and shock at the front cannot be gress to such an extent that it would for its purpose the training of men physi­ overemphasized. It is a tribute to our result in their death and in the infec­ cally and mentally while they are con­ citizens· that donations of blood to pro­ tion of many others. The present occur­ valescing, so that they may be returned vide this lifesaving substance now rence of tuberculosis is only one-tenth to duty with troops in fine fettle, and amount to 100,000 pints a week. This that of 1918 and 1919. Thus, the Army also so that they may be kept profitably record must be sustained to meet the de­ has done much to stamp out tuberculosis occupied while in hospitals. Results mand. Dried plasma is now going for­ now and in the future. show that the program makes for quick­ ward to all theaters and the product is A million men drafted into the Army ened recovery. being used on every battle line with un­ who had bad teeth or dental diseases Liaison is maintained with the Vet­ failing success. I am proud to claim as have been made dentally fit by the work erans' Administration, the State voca­ a fellow citizen of my native State of of the Army Dental Corps. That num­ tional rehabilitation agencies, the Fed­ Arkansas Brig. Gen. Charles C. Hillman, ber of men is equal to 65 divisions. eral Security Agency, and the United Chief of Professional Service in the Office Without such dental treatment, they States Employment Service of the War of the Surgeon General, through whose would not have been fit to fight. For­ Manpower Commission 1n order that the keen foresight and early initiation of the merly men with teeth in such condition Army program, as arranged for the plasma program the lives of thousands were rejected by our Army inductiqn patient who must be discharged from the of our American soldiers have been boards, but that meant such a loss of service, may be complete. saved. manpower that requirements were low­ Three special hospitals have been After front-line surgery, the speed ered, and the job of making them den­ designated for the treatment of the deaf. with which these patients may be evacu­ tally fit was put up to the Dental Corps. While under the care of doctors skilled ated accounts, in many cases, for their Thus, the corps is not only rehabilitating in the treatment of diseases of the ear, quick recovery. They are taken to rear men to fight Uncle Sam's battles but it they receive instruction from experi- . hospitals within the theater, by air will return home a large percentage of enced lip-reading and speech-correction transport planes or hospital ships, and these men in far better physical condi­ teachers. They have the advantage of · may be carried home when recovery is to tion as a result of improved dental acoustic experts, and those who can be be prolonged. Airplanes fty men out health, thus achieving a general im­ improved thereby are fitted with electric of areas that could not be reached any provement in health conditions through­ hearing aids. other way. Hospital ships make it pos­ out the land. Two hospitals also have been desig­ sible to bring home large numbers of the The routine immunization of Army nated for eye surgery and for the special wounded at one time. men against tetanus, one of the most care of the blind while they are in need Extremities wounds and injuries con­ feared complications of battle injuries of hospital attention. Another facility stitute from two-thirds to three-fourths during the First World War, has practi­ is being set up by the medical depart­ of, all wounds in this war. Land mines cally eliminated that death-dealing mal­ ment of the Army for the social rehabili­ have been responsible for increased in­ ady in this war. Among 1,252 casualties tation of the blind of both the Navy and juries to soldiers' feet and legs, but there admitted to an evacuation hospital on the Army, after the blinded individual are relatively fewer amputations due to Guadalcanal, during some of the ·opera­ no longer requires hospital treatment. new methods of treatment and improved tions there, no cases of tetanus devel­ At this social rehabilitation center the surgery. There will be amputations in­ oped, and only 1 case of gas gangrene blinded individual will be taught to cident to this war, but we must remem­ occurred. attend to his own personal wants, to go ber that many of them are cases that in In the First World War deaths from about safely on the streets, to read all probability would have died in the pneumonia were 24 for every 100 cases. special writing for the blind, and to ap­ last war for the want of blood plasma, In this war, the rate is six-tenths of 1 preci'ate the fact that by developing his sulfa drugs, and modern surgery. percent. Recoveries are quickened by hearing and sense of touch he can com­ Five general hospitals to which are as­ the use of the sulfa drugs. pensate largely for his loss of sight. He signed surgeons skilled in performing The Army's record on meningitis shows will be enabled to develop occupational amputations and workmen especially amazing progress. The death rate in skills adapted to his previous experience trained in making and fitting artificial the First World War was 37 percent. and .mental capabilities. Above all, he limbs, are designated as amputation cen­ During the past year, it has been between will be impressed with the fact that, ters. A special method of performing 3 and 5 percent. Now, when troops are despite his blindness, he is still a useful amputations now produces better results threatened with meningitis, they are member of society, and that he can con­ for the fitting of artificial legs and arms given sulfadiazine or sulfathiazole to pre­ tinue his career with pleasure and credit than ever before. Much time and vent further spread of the disease. In to himself and his associates. Upon dis­ thought is spent not only in getting the one large camp in this country, it was charge from the Army and from the stump in shape for an artificial leg or found that 79 percent of the men had social rehabilitation center for tfie blind, arm but in fitting it and in training the meningitis germs in their throats. This he will be able to go right ahead with soldier to use it. He will be assisted in number was reduced in a few days to less vocational training, if he desires it, which this by watching other equally unfortu­ than 1 percent by the administration to will be provided by the Veterans' Admin­ nate soldiers who have become proficient each individual of three doses of sulfa­ istration. at using theirs. diazine. With this excellent and comprehensive The chief value of the sulfa drugs and Typhus fever, which has been the Army medical program. it is only neces­ of the new drug, perticillin, has been to insidious fifth column in many coun­ sary that we "have sufficient doctors in prevent and fight complicating infection tries since wars first began on this earth, the service to make it available to all our in battle wounds. Research in connec­ is controHed by this powder and by the soldiers in every instance. It is signifi­ tion with the use of these drugs is still administration of typhus vaccine, so that cant that the rural areas of this land being carried on, and much more will be in this war the disease is a negligible have supplied more of the volunteer doc­ learned, especially about penicillin, the quantity in the soldier population's sick­ tors and nurses than have the big-city medical department reports. ness records. Not a single death has areas. In the rural areas; people are In detecting and curing diseases, the been attributed to this infection. accustomed to pooling neighborly assist­ Army Medical Department is going to The Army has recently set up at the ance in nursing during periods of illness, return healthier men to peacetime living, Army and Navy General Hospital, at and doctors are so much in demand they thus improving the general public health Hot Springs National Park, Ark., a center are often forced to drive long miles into conditions. The greatest case-finding for the diagnosis and treatment of the country at any hour of the night to attivity ever undertaken is the giving of arthritis. Studies conducted there will serve the sick. Yet, these people witJ.1 3790 CONGRESSIONAL RECORD-SENATE APRIL 28 their limited health facilities appear to they say, but tb.eir devotion to duty keeps Resolved., That a committee•of seven Sena­ know how to-sacrifice even further to them plugging along doing their best . for tors be appointed by the President of the their P!ttients, hypocritically declaring that Senate to join a committee of the House of send their doctors and nurses to the war there is no sentiment involved. Representatives in attending the funeral of front. Arkansas is proud of its record The second point is that this country the late Secretary of the Navy on behalf of for furnishing doctors and nurses. My doctor cheerfully takes up the routine of an Congress and to take such other action as State supplied 200 percent more doctors 8-hour day, feeling that it is far too short may be proper in honor of the memory of the in 1942 and 1943 than the quota assigned but the best he can do. deceased and to manifest the respect and it by the Procurement and Assignment appreciation of Congress for his public . These physicians are meeting the crisis service. Service of the War Manpower Commis­ in a wonderful spirit. sion. It also gave 113 nurses in 1943, Mr. President, I have been glad to pay Mr. WHITE: Mr. President, the news when it was asked for only 22 for both this well-deserved tribute to the medical which has just been announced reaches Army and Navy. profession, and at the same time to give us with terrific suddenness and with Arkansas is also proud of its record information to those who have relatives heavy impact. of heroes in the medical department. and friends among our fighting men, so Secretary Knox was a native of New There is General King, who received the that they may know the story. I am sure England. He was born in the city of Distinguished Service Medal for the they will be glad to have this information, Boston. After spending his early years speedy organization of medical forces as I was when I investigated the situa­ in that section of the country he moved after· the attack at Pearl Harbor, and tion. westward, and I believe he went to school thus saved the lives of an unprecedented and began his active life in the State of number of the wounded, to gain the CONFIRMATION OF NOMINATIONS ON Michigan. He was a newspaperman by admiration of the entire medical world. THE EXECUTIVE CALENDAR profession. He published new~apers in Two privates first class are on the list Mr. BARKLEY. Mr. President, I ask the States of New Hampshire and Michi­ of medical department heroes. Robert unanimous consent that, as in executive gan, and I believe elsewhere, which had a H. McNeeley, ambulance driver at Pearl session, the routine nominations op. the circulation throughout the length and Harbor, who evacuated the wounded, re­ Executive Ca!endar may be considered breadth of this land. ceived the Legion of Merit award; and and confirmed, and that the President.be Secretary Knox was a forceful charac­ Robert W. Andrews received the Soldiers' immediately notified. ter. By his indust-ry, his forthrightness. Medal posthumously for diving into the The PRESIDING OFFICER. Without of thought, and his close and diligent sea in an attempt to save the life of objection, it is so ordered. attention to every detail of every duty another. I wish to take this occasion EXECUTIVE MESSAGE REFERRED which came before him, he mounted to to recall the story of the heroism of a the very topmost round of his profession. Navy Medical Corps officer, Lt. Comdr. As in executive session, Perhaps the outstanding ch-aracteristic Corydon M. Wassell, of Little Rock, Ark. The PRESIDING OFFICER lain, Rev. James Shera Mont­ publican Party. It was my privilege in This is but my humble tribute to a gomery, D. D., offered the following 1936 to place his name in nomination personal friend and a great American. prayer: for Vice President of the United States The PRESIDING OFFICER. The 0 Thou whose hand hast brought us at the Republican Convention held in question is on agreeing to the resolution unto this day, accept our thanksgiving Cleveland, and he finally was nominated submitted by the Senator from Ken­ as our prayer is set before Thee as in­ by a practically unanimous vote as the tucky [Mr. BARKLEY]. cense. Help us to reverence our high Vice Presidential candidate of the Re­ The resolution was unanimously calling and prize our good name, esteem­ publican Party. He did credit to that agreed to. ing our time and influence as choice party as one of its standard bearers. The PRESIDING OFFICER. The treasures. Enable us to adorn our posi­ His first active interest in politics committee will be appointed at a later tion by heeding the lessons of Thy grace was in 1911 when he became Theodore time. and providence. We would be free of Roosevelt's preconvention ·Midwest cam­ Mr. McKELLAR. Mr. President, as a the restless will and seek the lucid lights paign manager. He was one of the mov­ further marie of respect to the memory of the soul which are exceedingly pre­ ing spirits of the formation of the Pro- of the deceased Secretary of the Navy, I cious,