WLB's Word Is Law

The War Labor Board, created by the President and reluctantly backed by Congress, has operated continuously in a shadow of doubt: were its rulings final, or of dubious legality? Last week WLB won a somewhat frightening legal victory, but one which will maintain its unquestioned authority--at least until the Supreme Court settles the question. Its victory: WLB's sweeping directives to labor and management are not subject to court review.

The U.S. Court of Appeals for the District of Columbia (of which onetime Trustbuster Thurman Arnold is the newest member) so ruled, unanimously, last week. The court based its decision, in part, on its understanding of the intent of Congress when it passed the Smith-Connally bill. In debate at that time, it noted, the Congress seemed in agreement that WLB's orders should not be reviewed by the courts. The appellate court added that WLB's requests to the President to take over a recalcitrant company were merely "advice," and similarly were not subject to court injunctions.

The decision was promptly hailed by Attorney General Francis Biddle as justifying his course in the Montgomery Ward case (TIME, May 8 et seq.). For the time being, in any case, it would prevent Montgomery Ward from having the law on the President.

This file is automatically generated by a robot program, so reader's discretion is required.