SUNDAY, JAN. I8, 1945 THE MICHIGAN DAILY U.S, Will Appeal Adverse Montgomery Ward Judge Sullivan Rules Roosevelt Had No Right To Seize Stores By The Associated Press CHICAGO, Jan. 27-The government lost its suit against Montgomery Ward and Company today-when Federal Judge Philip L. Sullivan ruled that President Roosevelt had neither statutory nor Constitutional authority to order army seizure of 16 company properties. Plans for an immediate appeal were initiated, however, by U. S. District Attorney J. Albert Woll, whereupon Judge Sullivan stayed all proceedings so that Army control will continue at least until the appeal decision. Woll said the case might reach the Circuit Court of Appeals next week, or it might be taken directly to the U. S. Supreme Court. Chairman William H. Davis of the War Labor Board said in Wash- ington that "if the decision is not reversed or Congress does not take appropriate action to make the Wary Labor Board's orders of settlement effective on everybody, the whole plan of peaceful settlement of wartime labor disputes will collapse." Sewell L. Avery, Chairman of the Board of Ward's, declared in Chandl- er, Ariz., however, that the decision means "A great day for labor," adding that "The battle of Ward's for seven years has been to maintain indepen- dence of the individual in his Con- stitutional rights to join a union, not to join a union or to resign from a union as he wishes." Stock Exchange Booms "Woe to labor if Avery becomes its champion," was the reply of Samuel Wolchok, International President of the CIO United Retail, Wholesale and Department Store Employes, princi- pal union involved in a long labor dispute over Ward's refusal to obey WLB directives. The dispute and consequent strikes led to the seizure Dec. 28 of 16 company properties in seven cities. On the New York stock exchange a wave of buying of Ward's stock was so heavy after the decision came out that trading was held up 25 minutes. The stock closed at $52.87, up $2.75 from yesterday. Army Will Stay Maj. Gen. Joseph W. Byron, mili- tary manager at Ward's, said that in accordance with the stay pending the appeal, the Army would continue its operation of the seized properties, 10 retail stores, three mail order houses and three warehouses in Chicago, Detroit, St. Paul, Denver, Portland, Ore., San Rafael, Calif., and Jamaica, N. Y. Judge Sullivan's opinion said it was "with considerable reluctance" that he reached the conclusions that the President was without authority either under the War Labor disputes (Smith-Connally) Act or under his Constitutional war powers as Com- mander in Chief to take possesion of Ward's facilities. He said: "So deeply do I feel on this subject that I believe it is not too much to ex- :U JUDGE PHILIP L. SULLIVAN . ..rules seizure is illegal pect that for the duration employers, employes and unions on the home front should make a determined ef- fort to adjust their labor disagree- ments without resorting to strikes and lockouts." Ward's Is Purely Retail Concerning one of the most em- phasized points in the legal dispute, whether Ward's is a war production plant within the meaning of the Smith-Connally Act, the court upheld the company's contention that it is not, calling it "A retail establishment engaged solely in distribution." "I have carefully read the entire legislative history of the act and from it I cannot draw the conclusion that the terms 'equipped to manufacture, mine or produce,' also include the term 'distribution' (as the govern- ment contended) or that Congress in- tended by the act to grant to the President the power to seize a plant or facility engaged solely in retail 'distribution,' " Judge Sullivan said. Michigan State Convention Slate Named at Flint Averill, Sehwiniger Reelected Yesterday By G. MILTON KELLY By The Associated Press FLINT, Mich., Jan. 27-The Demo- cratic state convention today re-elect- ed Walter C. Averill. Jr., of Peters- burg, and Mrs. Minnie Schwinger of Saginaw, as the party's state chair- man and vice chairman, respectively and nominated a slate of candidates for the spring election April 2. Fights for those party offices which dragged through the night and day dwarfed interest in nomination of the election ticket. The Convention Nominated: For State Highway Commissioner- George A. Dingman, Wayne County Drain Commissioner. For Supreme Court Justice, two seats-Justice Raymond W. Starr, of Grand Rapids and W. Leo Cahalan, Detroit attorney. ForSuperintendent of Public In- struction-E. Burr Sherwood, Stam- baugh City Commissioner and Iron County School Commissioner. For University of Michigan Regents (two seats)-Edward Martin Welch, Detroit attorney and former Assist- ant Wayne County Prosecutor; and Dr. J. Walter Orr, Flint physician and surgeon. For State Board of Agriculture, Michigan State College governing body (two seats)-Frank Wiegand, Sr., Warren Township Treasurer, Macomb County; and George Caball, Zeeland Hatchery operator and poul- try specialist. For State Board of Education-Dr.- Carl O. Smith, Associate Professor of political science of Wayne Univer- sity. The delegates went on record with a demand that the United States Senate confirm President Roosevelt's appointment of Henry A. Wallace as Secretary of Commerce and com- mander of the Federal Lending Agen- cy. Demands Housecleaning In another resolution the conven- tion demanded a house cleaning of1 persons unfriendly to the Democratic Party who, the resolution said, have made their way into the payrolls ofj such federal agencies ah the Office1 of Price Administration (OPA) and "in a spirit of irresponsibility, ork often with deliberate malicious in-1 tention," have done things whichk aroused public antagonism.1 "The Democratic Party of Michi- gan, as a measure of good govern-1 ment urges the re-examination of all federal appointments in the State of Michigan with the expressed purposeE of removing from office those whoseI inefficiency, antagonism, thoughtless-I ness or personal selfishness have$ made them unworthy representativesr of the government and the party inr their present great responsibility to the nation," the resolution said.- Drops Bmbshellt This was one of the most confus- ed and confusing conventions the party has had in many years, with . behind-the-scenes "deals" beingi made, broken and re-fashioned seem-f ingly interminably before 'its fightst were settled.r James H. Lee, Assistant Corpora-y tion Counsel of Detroit, dropped a bombshell as the in-again-out-again- in-again keynote speaker. He pro-i posed that the party renominate Jus- tice Starr, but refrained from enter- ing a candidate against Supreme Court Justice Walter H. North, as Republican. INVEST IN VICTORY BUY WAR BONDS r __ __. _ .. . Follow These Five BUZZ BOMB TAKES OFF-These two pictures show one of the new U. S. Army Air Forces buzz bombs, an adaptation of the German V-i, being launched at an Air Forces experimental station. Top-Smoke pours from the undercarriage as it starts up the ramp carrying with it the bomb. Bottom--Varriage drops off and bomb soars towards its destination. JAP PULVERIZERS: Navy Places Assault Rockets Onto Mass Production Scale By DAVID J. WILKIE Navy planes cary eight rockets, Associated Press Automotive Editor I four under each wing, in addition to DETROIT, Jan. 27-The Navy De- the bomb load. The rockets are held partment has placed into mass pro- b h twei .h eamliedslaunherd duction its new five-inch high velo- y lightweight, streamlined launchers city assault rockets, used so success- that do not materially affect the fully in pulverizing Japanese-held flight of the plane. beaches in the Pacific. Rockets are used on at least eight GRAND JURY HIGHLIGHT: MCKinney, Natt Guilty of Bribe i "I- By'The Associated Press wh LANSING, Mich., Jan. 27-A guilty a plea by Clayton R. McKinney, for- ply mer Centerville naturopath, accused cut of participating in an attempt to' ent bribe members of the 1939 legislature cou highlighted developments in Carr tioj Grand Jury cases Saturday. ren One-Man Jury Indicts Him McKinney, in a brief appearance Fri before Circuit Court Judge Leland Ch W. Carr, whose one-man grand jury of t indicted him, admitted guilt on an pos indictment accusing him of seeking Fit to influence legislative action on a in bill to regulate naturopaths in Mich- Jol igan. to ] Meanwhile, counsel for Floyd Fitz- ' simmons. Benton Harbor sports pro- ace moter, who is due for trial Monday dic on charges that he attempted to bribe to a legislator in connection with a 1941 Ha Horse Racing Bill, announced he to would seek postponement of the case I Ra 1.. Fill . ur deposit slip exactly as your checking account is carried on in our books. 2. Be sure to endorse all checks that you wish to deposit. 3. Enclose checks, money orders, or drafts with deposit slip in our special deposit envelope. 4. Do not send your deposit book; we will mail you a receipt im- mediately. 5. If currency is sent instead of checks, use registered mail or money order! OPEN TO ALL CUSTOMERS WITH A CHECKING ACCOUNT SYou won t have to beg her to go to KAMPUS TODAY at 3:30 in Hill Auditorium Remaining Tickets On Sale at 3 O'clock at the Box Office . . . ieuturin. . . One-tenth of all the new weapons being turned out under a billion dol- lar program now in operation are being produced in the Detroit dis- trict, which the Navy defines as Michigan, Indiana and part of Ohio. Peak Late This Year Peak production, the Navy report- ed, is expected to be reached io the last quarter of 1945, when the month- ly outlay for the weapons will total $100,000,000. This is more than the Navy spent on its entire ammunition program in the last three months. Coincident with the report on pro- duction, the Navy disclosed some de- tails concerning the weapon itself. There are many types, but the most valuable to present-day needs are high-explosive, fragmentation, demo- lition, armor-piercing and smoke. The 1 five-inch, high velocity type, carries the explosive power of a 155-milli- meter shell. Landing Craft Equally Valued Especially valuable as a rocket car- rier, the Navy reported, is the Land- ing Craft, Infantry, which can dart in close to an enemy-held beach, spray the area with the weapon and still offer an elusive target. The rockets are fired from rows of tubes, resembling barrels of trench mor- tars, with devastating effect. In aircraft, one of the advantages of rockets over large cannon-fired shells is that the rockets have no recoil and do not require heavy in- stallations. types of American war planes-the Army's Lightnings, Aircobras, War- hawks, Thunderbolts, and Mustangs, and the Navy's Hellcats, TBF torpedo planes and the Bell manufactured jet-propelled planes. 101 SouTrii MAIN 330 Sou'ri- STATE Member Federal Deposit Insurance Corporation L __ - - - _-.. _ __ .__ __._ _.. __ _ - - _ _ _ -- _._. ® -. +i w , K;'f ...' ,{/ ' : ; ; t .;r. ' _ :- ti f - : , .... 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