Arizona Republic from Phoenix, Arizona on June 8, 1952 · Page 4
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Arizona Republic from Phoenix, Arizona · Page 4

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Phoenix, Arizona
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Sunday, June 8, 1952
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ALL EDITIONS :Page 4 The Judge' SIiunsMmellghf Anderson Is Key Aide To Attorney General -The Arizona Republic, Phoenix, . Arizona. .Sunday, June 8, 1952 Seizure Ruling ' Beimeates Presidents Rights .' 1 EARL. ANDERSON Among familiar statehouse fig-- ures, there fs none who has gained wider recognition for able and conscientious public service than Earl Anderson, frequently called "The Judge." "The Judge's" official title is that of assistant state's attorney general. The unofficial one is a heritage from his earlier days in Texas where he first gravitated into public service. He was elected to his first office county attorney of Midland County, Texas, in 1912, at a time when, Anderson admits, he was hardly "dry behind the ears." FROM THAT OFFICE, constituents promoted him to county judge, which office corresponds to chairman of the county board of supervisors in Arizona. Now one of the mainstays of the state's legal department, Ander- WASHINGTON, June 7 (AP) In warning President Truman and all future presidents not . to muscle in on powers belonging ex clusively to congress, the supreme court this week drew a historic line between the rights of the presidency and the rights of congress. . The court did not, and could not, attempt to draw up an ABC rule-book stating precisely just how many powers the president has and how many belong to congress. It limited itself to Just one phase of this never-ending argument: Can a president seize private property In a labor dispute? No, the court said, unless congress first passes a law giving him authority to do so. This doesn't mean the government can never seize a mill or plant in a labor dispute. It can do so, but only after congress gives it such a right. PRESIDENT TRUMAN bowed to the decision and handed back to their owners the steel mills which he had seized last April when a strike threatened to cut off steel production needed in the defense program. It was for the national welfare, the President said, that he had seized the mills. Tremendous as was the impor tance of this constitutional deci sion, it was arrived at under the calmest circumstances. The Presi dent had paved the way for that by announcing beforehand he would abide by the opinion of the court to which the steel owners had appealed. If he had chosen otherwise to defy the court there might have been an ugly constitutional crisis, since the court lacks any power to enforce its rulings against the President who commands the armed forces and all the police agencies of the government. IF ALL THE court said and what it said took 40,000 words-could be reduced to a couple of paragraphs, this would be it: 1 1. When congress hasn't passed a law giving the president authority to seize private property in a labor dispute but he seizes anyway, then he in effect is making a law by himself, which, is something he can't do since lawmaking is the job of congress alone. 2. In this particular case President Truman didn't have a leg to stand on because congress not only hadn't passed such a law but during debate on the Taft-Hartley act five years ago had deliberately decided against entrusting the President with seizure power in a labor dispute. Because it limited itself to saying a president couldn't seize prop erty in a labor dispute without authority of a law, the court didn't- attempt to say what a president might be," able to do In some other circumstances. - FOR EXAMPLE: There's., no doubt that in ome future emergency like a sudden attack on this country a president,; acting for the national welfare, could seize private property without first waiting for congress to pass a law saying he could. Seven of the nine, justices wrote opinions in this case. Unlike other court decisions, a layman could read this one and understand all of it. Justice Black wrote the opinion for the six-man majority. It was concise and almost bleak in its brevity. The other five who agreed with him Frankfurter, Douglas, Jackson, Clark, . and Burton wrote concurring opinions. Disagreeing with the majority, Chief Justice Vinson and Justices Minton and Reed, upheld the President. Vinson wrote the dissenting opinion for all three. THE CASE can be stated simply enough: Mr. Truman ordered the government to take over the mills last April when the owners refused to grant the steelworkers' wage demands and the latter threatened a nationwide strike. Saying he acted for the nation al welfare, the President didn't claim any law gave him the right to seize. Instead, his lawyers said the right came from the wide powers granted a president Tinder the Constitution. Did anything in the constitution specifically say a president could seize private property in a labor dispute to prevent Philippines Say Former GI Rebel MANILA, June 7 (INS) William Pomeroy, a former American soldier, and his Filipino wife, Celia Marino Pomeroy, were formally charged with rebellion against the Philippine government Saturday. The Pomeroys were indicted in Manila along with six leaders of the Communist r led Hukbalahap peasant army including Luis Taruc, theHuk chieftain. Fort Huachuca Soldier Held In Benson Attack BENSON, June 7 (Special) A Fort Huachuca soldier has been bound over to superior court on $1,000 bail by Benson Justice Court on a charge of statutory assault. - Pvt. Louis W. Feld, 21, was charged before Justice Harry W. Holcomb of attacking a 14-year old St. David girl after a movie date. a shutdown, even in a national emergency? No. But the President, or rather his government lawyers, argued this way: The Founding Fathers, when they wrote the Constitution, couldn't anticipate every problem which might arise In the years ahead. So they couldn't, and didn't attertTpt to, spell out In detail everything the President could or couldn't dp. BUT, SO THE argument went, they meant the president to have vast powers to act when he thoueht necessarv for thp nation al welfare: these great powers, while not always defined, were inherent in the constitution; and Dower to do what he did in this case seize the mills was one of those inherent powers. Further, they argued, the President is commander-in-chief of the armed forces, which now are battling in Korea, and he had to keep steel production going so the troops wouldn't suffer for lack of it. ' Black rejected the government argument this way: Nothing in the Constitution gives the president such seizure 'power, even when he claims to be acting as commander-in-chief. - The Constitution gives the president" power to enforce the laws, not to make them. Only congress can make laws. When he seized the mills, without a law saying he could, the President was in effect making a law of his own. This he can't do. . ; HELP PLEASE I am a Wisconsin resident, 42, married and with S children, , must move to a warmer climate because of family health. I would like a permanent position with a good organization or will Invest in your business and help operate tame, I have executive experience and have spent 20 years buying, selling and promoting in the' wholesale business. Am a high calibre person who would- be a credit to any organization, and can give the finest of references. If you have a position to offer or a business opportunity that is hot, please write at once to Box 90S Republic & Gazette. State Booster Unit Disbands Greater Arizona, Inc. organized six years ago to promote the state's economic prosperity, no longer is an active organization. Decision to discontinue it was disclosed- Saturday by Herbert Leg-gett, treasurer, who said a mail vote indicated those who still were supporting the organization did not feel the investment was worth while at this time. Leggett said the unit incorporation would be maintained, "just in case a need arises." A predecessor of the Central Ar?-zona Project, Greater Arizona Inc., organizers used its funds in booster advertising and similar plugging of the state. When the Central Arizona Project came into being much of the support of Greater Arizona, Inc., members was switched to the group seeking Colorado River water. Leggett said the membership had -dropped over the year from 600 .to 300, "of which maybe one half were active." . Chairman of the defunct organization was E. J. Warner, Douglas. : George Babbitt, Flagstaff, was vice chairman. r r Warning Issued : LUKE AIR FORCE BASE (Special) With an increase in training activities at Luke Air Force Base the bombing and gunnery ranges in the Gila-Ajo region, Luke offi cials urge all civilians to avoid entering these areas at all times. High velocity rockets, 100-pound practice bombs and 50 caliber machine guns are used in gunnery and bombing practice on these ranges. Leaving the Gila Bend-Ajo road (Highway 85) on either side jeopardizes safety, it was pointed out. Signs are posted along the highway identifying the ranges and access roads to the ranges are marked with caution signs to warn unsuspecting motorists. Luke air police, co-operating with local authorities, patrol the area at all hours to help prevent accidental entry onto the range property. It was formerly believed that the earliest men were of very large size and that contemporary men were dwarfed descendants, but in recent centuries it has been recognized that there is little or no basis for such a belief. son is another of those quiet, self-effacing personalities who stays out of the limelight and seeks no applause. It's very difficult to get Anderson to talk about himself.-- You have to know The Judge yourself or talk to someone who does to find out something about him and i his background. His chief, Fred O. Wilson, describes him this way: "He has a mind like a pigeon-; hole desk. In its pigeonholes he has ! filed away legal knowledge ac- ; cumulated over more than two j decades as a lawyer. j "HE NEVER gives a horseback; opinion without thinking. When j you ask him a question, he reaches ! into a mental pigeonhole and draws out a case in point that hap pened maybe 20 years ago. "At the same time, he s reaching for the law book and before you j know it, he has given you not only j the case, but the book and the! page it's on." What lawyers like about him is ' that it's never Anderson who is presuming to give the answer, but always the court authority. Anderson came to Phoenix in 1917 and opened private law practice. He now has served with the attorney general's office a total of 18 years and under 5 administrations. IN BETWEEN periods of public service he engaged in private practice, specializing in criminal law, in which field he built up considerable of a reputation. His successes, in fact, led in 1935 to his appointment to the Maricopa County attorney's staff, in which he served several terms and in which capacity he -proved just as able a prosecutor as he previously had been a defender. His nearly a score of years in the statehouse developed other legal talents. He now is recognized by his profession as one of Arizona's outstanding administrative lawyers. His name has been linked during that period with virtually every major case handled by the attorney general's office. One of the legal issues he successfully handled was the state s railroad train limit litigation, of paramount public interest at the time. It established the state's right to require rail roads to limit the number of cars that could be attached to a freight train. ANDERSON EARNED his law certificate the hard way burning the midnight oil in a Midland, law office. He is the kind of lawyer, his col leagues say, who inspires other lawyers to put forth their best efforts when they know he is going to be on their opposing side. "Lawyers just don't throw a case together in a slipshod manner if they are going up against The Judge,' " said one member of the legal brotherhood. "They know that if they do, Anderson will knock their case full of holes in the first round." "The Judge" will talk by the hour about the courtroom achieve ments of others. But when it comes I to telling about his own, he's like a clam. "Just say," he said with his usual dry humor, and speaking with his usual Texas-tang drawl," that the name I'm using here is the same one I used in Texas." But another lawyer gave him this tribute: "He's one of the ablest. There is no better authority on administrative law and the. state's fiscal code than Earl Anderson." . IMG tJLCEItS BACKACHE - SCIATICA POOR CIRCULATION Sufferers ot poor elrtnlatlon. bleeding leg nleers, Tarleose vein, phlebitis, hirdtnlnr of the arteries, ipine tut Joint disorder nndrrtolnc lotrnse pans, discomfort, ad embarrassment have sees their conditions respond swiftly nder sped ali led treatment. Varleosa Veins or Phlebitis frith heaviness, tlncUnt. backache, swelllnc. eesema, and tteblnr may lead to open a leers. Arteriosclerosis and Burster's Disease accompanied by eramps, poor circulation, tlnzllnr. numbness, weakness, coldness or baminr of the feet often result In serious complications. Great safferlar. loss of time from work, hospitalisation, and sorcery eaa be avoided throurh this modern, scientific method. Visit the office near yon for an explanation of what should be done to correct your condition.- No charge for examination. DfX. R. E. REDDING, N.D. (Dr. A. C Johnson System) 811 East McDowell Road 6021 South Central Avenue Telephone S-6956 Telephone 4-702$ "Free booklet will be sent you on request. - FREE PARKING SECOND & MONROE STORE HOURS 9:30 TO 5:30 THURSDAY 930 TO 9 P.M. JUNE SAT F Prices Reduced SHOP EARLY FOR COMPLETE SELECTIONS FURNITURE SECOND FLOOR REG. 29.95 INNERSPRING Mattress Only 24.88 Terms, 15 Dwn. 1 80 Premier coil springs, padded with felted-cotton and sisal insulation. Vertically stitched pre-built border. Sateen finished, firmly woven striped tick. MATTRESS and I80-coil box spring set... 44.88 Steel Hollywood Frame 6.88 W ' ' If? J ' " -si REG. 42.95 MODERN ROCKER Reduced to 37.88 Terms, 10 Dn. Attractive modern styling at a low price. Rods gently on concealed metal spring. Long-wearing No-Sag spring in seat and back. Covered in durable frieze. Hardwood frame. Blond finish wood. .... i I 'A V X. ;tm-;s Ar V ' sLsV - -If.'.. ,- . - W' t , v . ...... v, ,, v .. 'f INDIVIDUAL BEDROOM 11 Night Stand 9.88 Choose the pieces you want and create your own bedroom group. Individually sale-priced to save you money. Fine workmanship, modern styling.-Woods are light tan textured finish. Drawer pulls are brushed brass-finished metal. Buy now. PIECES AT SALE PRICES To 44.88 Double-Dresser Base (A) REG. 47.95 B'case H'dboard 42.88 (B) REG. 11.95 Night Stand .... 9.88 (C) REG. 39.00 4-Drawer Chest 34.88 (D) REG. 32.00 Mirror, 30x40-in. 30.00 ; (E) REG. 50.00 Dbl.-Dresser Base 44.88 (F) REG. 27.95 Reg. Panel Bed 24.88 FOUR-LEVEL SPRING CRIB 6-yr. she 29.95 Terms, 10 Dn. Full-width Birch-Veneered end panels with scalloped top and bottom rails. Adjustable four-position steel spring. Push-button dropside. Nursery decal decoration on end panel. -Smooth swivel casters. CRIB MATTRESS .9.95 REG. 17.95 FOLDAWAY Twin size 13.88 Use Terms Easily folded or rolled info closet. Link fabric; spring. : Aluminum .or brown finish frame. Can "be used with innenpring or cotton mattress. , Reg. 25.95 Innerspring ,...24.88 ' Reg. 17.95 Cotton .......14.88

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