Liberty Ordnance Co., Bridgeport, Conn.

1/7/18

5/20/19

8/15/18 4/1/18

Order of Secretary of War, Req. 37 A/C, Ord. No. 516, dated 2/28/18.

Constitution and laws.

9,2/19

Constitution and laws."

The material in this table is taken from original documents in the National Archives and Hearings before the Senate Special Committee Investigating the Munitions Industry, 73d Cong., Part 17, 4270-4271 (1934).

Jewel Tea Co., Hoboken, N. J. Order of Secretary of War, Req. 37 A/C, Ord. No. 510, dated 2/28/18. Clyde B. Aitchison states that on March 31, 1861, the Federal authorities took "under military control the Philadelphia, Wilmington & Baltimore Railway to insure uninterrupted communication between the North Atlantie States and Washington. Aitchison, War Time Control of American Railway, 26 Va. L. Rev. 847, 856 (1910) He adds that the return of the road to it private owners followed "hortly thereafter." Ibid. Original documents on this seizure are unavailable and it has, therefore, not been included in the table.

Although no specific statutory authority was cited in the seizing order, it is clear from correspondence and reports in connection with the adminis tration of the program that the seizure was effected under wartime legisla See, eg, Davison, History of the Advisory Section, Administrative Division, Ordnance Office in connection with the Commandeering of Private

tion.

Property, National Archives, Records of the War Department, Office of the
Chief of Ordnance, O. O. 023/1362, Nov. 1920; Letter from Ordnance Office,
Administrative Division to The Adjutant General, National Archives,
Records of the War Department, Office of The Adjutant General, AG 386.2,
Jan. 7, 1919.

Telegraph lines.

7/25/18

7/31/19

Smith & Wesson, Springfield, 9/13/18 Mass.

1/31/19

Anti-union discrimination terminated; operation by the National Operating Co., a Government corporation.

343 U. S. 570.

See n. 3, p. 620, supra. The material in this table is summarized from a number of sources, chief of which are the War Labor Reports, contemporary accounts in the New York Times, United States National Wage Stabilization Board, Research and statistics report No. 2 (1946), and Johnson, Government Seizures and Labor Disputes (Philadelphia, Pa., 1948) (unpublished doctoral dissertation at the University of Pennsylvania). Question marks appear in the tables in instances where no satisfactory information on the particular point was available.

Each of the Executive Orders uses the stock phrase "the Constitution and laws" as authority for the President's action as well as his position as Commander in Chief. Only specific statutory authority relied upon is given in

other than the War Department, the First War Powers Act of 1941, 55 Stat.
838, was cited. Title I of that Act permitted the President to shift certain
functions among executive agencies in aid of the war effort. The Act of Aug.
29, 1916, authorizing seizure of transportation facilities, specified that it
should be accomplished through the Secretary of War.

Stoppages continuing during seizure are indicated by an asterisk (*).
Unless otherwise indicated, changes in conditions of employment in-
stituted during seizure were continued by management upon the return of
the facilities to its control.

Validity of seizure was challenged in comparatively few cases. Most litigation concerned the consequences of seizure. Cases in which the validity of the seizure was attacked are indicated by a dagger (1).