HKB
[46] Story's Commentaries, II, Sec. 1492.
[47] Fleming v. Page, 9 How. 603, 615, 618 (1850).
[48] Ex parte Milligan, 4 Wall. 2, 139 (1866).
[49] 1 Stat. 424 (1795); 2 Stat. 443 (1807). See also Martin v. Mott, 12 Wheat. 19, 32-33 (1827), asserting the finality of the President's judgment of the existence of a state of facts requiring his exercise of the powers conferred by the act of 1795.
[50] Messages and Papers of the Presidents, VII, 3221.
[51] 2 Bl. 635 (1863).
[52] Messages and Papers of the Presidents, VII, 3215, 3216, 3481.
[53] 2 Bl. at 668-670.
[54] 12 Stat. 326 (1861).
[55] James G. Randall, Constitutional Problems under Lincoln, 118-139 (New York, 1926).
[56] See the Government's brief in United States v. Montgomery Ward and Co., 150 F. 2d 369 (1945).
[57] United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 327 (1936).
[58] See White House Digest of Provisions of Law Which Would Become Operative upon Proclamation of a National Emergency by the President. The Digest is dated December 11, 1950. It was released to the press on December 16th.
[59] 56 Stat. 23.
[60] Cong. Rec. 77th Cong., 2d sess., vol. 88, pt. 5, p. 7044 (September 7, 1942).
[61] 50 U.S.C.A. War, App. 1651. For Emergency War Agencies that were functioning at any particular time, consult the United States Government Manual of the approximate date. The executive order creating an agency is cited by number. For a Chronological List of Wartime Agencies (including government corporations) and some account of their creation down to the close of 1942, see chapter on War Powers and Their Administration by Dean Arthur T. Vanderbilt in 1942 Annual Survey of American Law (New York University School of Law, 1945), pp. 106-231. At the close of the war there were 29 agencies grouped under OEM, of which OCD, WMC, and OC were the first to fold up. At the same date there were 101 separate government corporations, engaged variously in production, transportation, power-generation, banking and lending, housing, insurance, merchandising, and other lines of business and enjoying the independence of autonomous republics, being subject to neither Congressional nor presidential scrutiny, nor to audit by the General Accounting Office.
[62] 143 F. 2d. 145 (1944).
[63] See Corwin, The President, Office and Powers (3d ed.) 296, 492.
[64] Exec. Order 9066, 7 Fed. Reg. 1407.
[65] 56 Stat. 173.
[66] Hirabayashi v. United States, 320 U.S. 81, 91-92 (1943).
[67] Korematsu v. United States, 323 U.S. 214 (1944).
[68] New York Times, June 10, 1941.
[69] 7 Fed. Reg. 237.
[70] 57 Stat. 163.
[71] "During the course of the year [1945] the President directed the seizure of many of the nation's industries in the course of labor disputes. The total number of facilities taken over is significant: two railroad systems, one public utility, nine industrial companies, the transportation systems of two cities, the motor carriers in one city, a towing company and a butadiene plant. In addition thereto the President on April 10 seized 218 bituminous coal mines belonging to 162 companies and on May 7, 33 more bituminous mines of 24 additional companies. The anthracite coal industry fared no better; on May 3 and May 7 all the mines of 365 companies and operators were taken away from the owners, and on October 6 the President ordered the seizure of 54 plants and pipe lines of 29 petroleum producing companies in addition to four taken over prior thereto.
"During the year disputes between railroad companies and the Brotherhoods resulted in the establishment of twelve Railroad Emergency Boards to investigate disputes and to report to the President. The President also established on October 9 a Railway Express Emergency Board to investigate the dispute between the Railway Express and a union.