banks, you give me the W. P. A., you give me the S. E. C., you give me the various agencies which the Government now has, and I will undertake to elect my Government again, and again, and again. Mr. MARSH. I also wish to urge the repeal of the poll tax. The CHAIRMAN. I have before me a letter under date of June 24, 1941, addressed to me by the Under Secretary of War, Mr. Robert P. Patterson, as follows: Hon. ROBERT R. REYNOLDS, WAR DEPARTMENT, OFFICE OF THE UNDER SECRETARY, United States Senate, Washington, D. C. DEAR SENATOR REYNOLDS: The stenographic minutes of the hearing before the Military Affairs Committee on June 18, 1941, carries the statement of James E. Emery, general counsel, National Association of Manufacturers. In the course of his statement Mr. Emery said that I admitted that the North American Aviation plant was taken over without authority. This appears in the following questions and answers: "Mr. EMERY. No, sir; there is not, and I challenge the production of one. I heard the Secretary here, if I understood him rightly, saying that the property in southern California was taken over without authority. "Senator JOHNSON of Colorado. In the North American Airplane case? "Mr. EMERY. Yes. "Senator JOHNSON of Colorado. He did say that? "Mr. EMERY. Yes. "Senator DowNEY. Yes; he said that." Mr. Emery did not hear me make any such statement. What I said was that when we took over the North American plant we did not rely upon the President's power under section 9 of the selective-service law, wherein the President is authorized to take over a plant which refuses to produce under an order for equipment. I certainly made no statement we lacked authority. My testimony was as follows: "Mr. PATTERSON. We had to take over the North American plant last week. Someone said that section 9 of the Selective Service Act did not cover the case; covered only a refusal to produce. There was no refusal on the part of people to produce." Mr. Emery, and possibly Senator Downey as well, evidently misunderstood this to mean that we had no authority whatsoever. The fact is that the President acted under his constitutional power as Commander in Chief. It was my view, and as I understand it, also the view of the Department of Justice, that his power as Commander in Chief warranted the taking over of the plant in an emergency. Very truly yours, ROBERT P. PATTERSON, A copy of that letter was sent to Mr. James E. Emery, general counsel, National Association of Manufacturers, 600 Investment Building, Washington, D. C. I have here another letter from the Under Secretary of War, dated June 27, 1941, addressed to me as chairman of the Committee on Military Affairs. The reporter will incorporate that letter in the record at this point, with the enclosures. Hon. ROBERT R. REYNOLDS, WAR DEPARTMENT, Chairman, Committee on Military Affairs, United States Senate. DEAR SENATER REYNOLDS: Pursuant to a request from the Committee on Military Affairs, House of Representatives, the War Department has prepared and furnished to that committee a comparative statement of the phraseology contained in H. R. 4949, a bill "to authorize the President of the United States to requisition certain property for the use of or disposition by the United States," and in the World War legislation conferring authority to requisition various types of property. For such value as it may have to your committee in its consideration of the corresponding bill, S. 1579, now pending before your committee, transmitted herewith is a copy of the comparative statement referred to above. The World War statutes therein listed are those cited in the War Department's letter to you dated June 2, 1941, recommending the legislation subsequently embodied in S. 1579. Sincerely yours, One enclosure. (Signed) ROBERT P. PATTERSON, Under Secretary of War. Comparison of phraseology contained in H. R. 4949, Seventy-seventh Congress, a bill to authorize the President of the United States to requisition certain property for the use of or disposition by the United States, and in World War legislation conferring authority to requisition various types of property. I. WHEN APPLICABLE (H. R. 4949, 77th Cong.): During any period of national emergency proclaimed by the President. (39 Stat. 731): If in the President's judgment an emergency exists. (39 Stat. 1193): In time of war, or of national emergency determined by the President by proclamation. (40 Stat. 182, 183): Until 6 months after treaty. (40 Stat. 276, 279, 283): During the existence of a state of war. (40 Stat. 276, 282, 283): Until termination of World War. (40 Stat. 284): Whenever such action is, in the President's judgment, necessary for efficient prosecution of the war. (40 Stat. 438, 439): Until termination of World War. (40 Stat. 535): Same as (40 Stat. 182). (40 Stat. 550): During the continuation "of the existing war." (40 Stat. 913, 915) Until proclamation of final treaty, unless in judgment of President, national interests jeopardized, when time may be extended 9 months. (40 Stat. 1010, 1012): Until 2 years after proclamation of peace. (40 Stat. 1022): Same as (40 Stat. 182). (40 Stat. 1029): During the existing emergency. II. WHAT MAY BE DONE (H. R. 4949, 77th Cong.): President may requisition and take over, either temporarily or permanently. (39 Stat. 731): President may take possession, absolutely or temporarily. (39 Stat. 1193): President may require compliance with order for ships or war material or requisition same. (40 Stat. 182): President may requisition and take over, take immediate possession, manage or operate. (40 Stat. 279, 280): President may requisition and take over, or operate, or return property when not essential. (40 Stat. 282): President may commandeer. (40 Stat. 284): President may requisition and take over or operate. (40 Stat. 438): United States Shipping Board Emergency Fleet Corporation may requisition. (40 Stat. 535, 40 Stat. 182): President may take possession of, or assume control of. (40 Stat. 550): President may requisition, or acquire by condemnation, or take possession of. (40 Stat. 915): President may requisition the temporary possession of any vessel, or without taking actual possession requisition the services of any vessel. (40 Stat. 1010): President may requisition, take over, use, distribute, allocate, sell, develop, operate, store, or shall return property when no longer essential to Government. (40 Stat. 1022) amends (40 Stat. 535, 40 Stat. 182): President may requisition, or otherwise acquire title. (40 Stat. 1029): President may requisition, or otherwise take over. III. CHARACTER OF PROPERTY AFFEECTED (H. R. 4949, 77th Cong.): Property of any kind or character, whether real or personal, tangible or intangible, or any part thereof, or any right therein. (39 Stat. 731): Any veses purchased, leased, or chartered from the United States Shipping Board. (39 Stat. 1193): Any factory, or part thereof; or the output of any factory in whih ships or war materials are built. (40 Stat. 182): Any contract for ships or materials, the output of any plant in which ships or materials are built. Any plant, factory, workshop, engine works, etc., or any part thereof, any ship, boat, or vessel, or any part thereof, or the charter of any such ship, or materials, stores, supplies, or equipment. (40 Stat. 279): Foods, fuels, feeds, and other supplies necessary to the support of the Army and maintenance of the Navy or any other public use connected with common defense, storage, facilities, any factory, packing house, oil pipe line, mine, or other plant, or any part thereof. (40 Stat. 282): Distilled spirits for certain Government uses. (40 Stat. 284): Any plant, or business, and all appurtenances thereof, of any producer of or dealer in coal or coke. (40 Stat. 438): Any improved land, or unimproved land, or any interest therein; any houses, or other buildings, fixtures, furnishings, and facilities incidental thereto, for use of employees of shipyards in which ships are being constructed for the United States. (40 Stat. 535): Any street railroad, interurban railroad, or part thereof, wherever operated, cars, appurtenances, and franchises, or parts thereof, for the transfer and transportation of employees of shipyards or plants engaged or that may hereafter be engaged in the construction of ships or equipment therefor for the United States. (40 Stat. 550) Land, houses, buildings, furnishings, improvements, local transportation, and other general community utilities, or parts thereof, for the purpose of providing housing, etc., for workers in arsenals, navy yards, and in industries connected with and essential to the national defense. (40 Stat. 915) The use, or temporary possession of, vessels, any drydocks, wharves, loading or discharging terminal facilities, warehouses, equipment, or terminal railways connected therewith. (40 Stat. 1009, 1010): Minerals, ores, metallurgical products, metals, alloys, chemical compounds, idle land, deposits, or mine, and any idle or partially operated smelter or plant or part thereof producing or capable of producing necessaries therein defined. * * * (40 Stat. 1022): Land, or any interest therein, for the purpose of constructing and establishing or extending any shipbuilding plant drydock, marine railway, pier, or facilities connected therewith. (40 Stat. 1029): Lands, buildings, and their equipment for hospital facilities. IV. CHARACTER OF USE OR DISPOSITION OF PROPERTY TAKEN (H. R. 4949, 77th Cong.): President may use, sell, or otherwise dispose of, either temporarily or permanently, * * * (39 Stat. 731): President may take possession, absolutely or temporarily, for any naval or military purpose. (39 Stat. 1193): President may use, at such times and in such manner as he may consider necessary or expedient. (40 Stat. 182, 183): Same as (39 Stat. 1193). (40 Stat. 279): President may sell, use, operate, dispose of, or return. (40 Stat. 282) President may use for certain Government purposes. (40 Stat. 284): President may operate through any agency. (40 Stat. 438): President may construct, manage, repair, sell, lease, or ex change. (40 Stat. 535) amends (40 Stat. 183): President may use property as he considers necessary. (40 Stat. 550): President, through any agency created or designated, may equip, manage, maintain, alter, rent, lease, exchange, sell, and convey. (40 Stat. 913, 915): President through any agency may operate, or manage. (40 Stat. 1010): President may, through such officer or agency he creates or designates, use, distribute, allocate, sell, develop, store, and operate, in any manner, may return to owner. (40 Stat. 1022): President may use for constructing, establishing, or textending any shipbuilding plant. (40 Stat. 1029): President may use for purpose of providing hospital facilities V. COMPENSATION (H. R. 4949, 77th Cong.): Compensation to be fixed by President and to be fair and just. (39 Stat. 731): Compensation to be fixed by appraisers and to be fair actual value based upon normal conditions. (39 Stat. 1193): Compensation to be fixed by President and to be “just compensation." (40 Stat. 182, 183): Substantially same provision as (39 Stat. 1193). (40 Stat. 284): Substantially same provision as (39 Stat. 1193) except President may cause compensation to be fixed by Federal Trade Commission. (40 Stat. 438): United States Shipping board Emergency Fleet Corporation to fix just compensation. (40 Stat. 535): Substantially same provision as (39 Stat. 1193). VI. PROCEDURE IF OWNER DISSATISFIED (H. R. 4949, 77th Cong.): Owner shall be paid 75 percent of amount fixed and may sue in Court of Claims or United States district court for balance. (39 Stat. 731): Fair value determined by appraisers, final and binding on both parties. (39 Stat. 1193): Substantially same provision as (H. R. 4949) except 50 percent of amount shall be paid instead of 75 percent. (40 Stat. 182): Substantially same provision as (H. R. 4949). VII. REVOLVING FUND PROVISIONS (H. R. 4949, 77th Cong.): Revolving fund created for 2 fiscal years. (39 Stat. 731): No revolving fund. (39) Stat. 1193): No revolving fund. (40 Stat. 182): Limited revolving fund. (40 Stat. 279): President may use any moneys received as revolving fundno time limit. (40 Stat. 282): No revolving fund. (40 Stat. 284, 285): Revolving fund created—no time limit. (40 Stat. 438): No revolving fund. (40 Stat. 535): No revolving fund. (40 Stat. 550): No revolving fund. (40 Stat. 915, 916): Net proceeds from certain activities may be expended by President in carrying out provisions of act. (40 Stat. 1010): Creates revolving fund-no time limit. (40 Stat. 1022): No revolving fund. (40 Stat. 1029): No revolving fund. VIII. PROVISIONS FOR RULES AND REGULATIONS (H. R. 4949, 77th Cong.): President may promulgate rules and regulations. (39 Stat. 729, 731): Board may make rules and regulations. (39 Stat. 1193): No such provision. (40 Stat. 182, 183): "as the President may direct." (40 Stat. 279): President to prescribe regulations as he may deem essential. (40 Stat. 276, 282): Substantially same provision as (H. R. 494). (40 Stat. 276, 284): Same provision as (40 Stat. 282). (40 Stat. 438): No such provision. (40 Stat. 535): No such provison. (40 Stat. 550): No such provision. (40 Stat. 915) Substantially same provision as (H. R. 4949). (40 Stat. 1010): Substantially same provision as (H. R. 4949). (40 Stat. 1022): No such provision. (40 Stat. 1029): No such provision. The CHAIRMAN. The committee will now take a recess until tomorrow morning. (Whereupon, at 11:45 a. m., a recess was taken until the next day, Tuesday, July 1, 1941, at 11 a. m.) |