| Show U. U us S. S Appeals Court Ruling Holds Holds' Orders Not WASHINGTON June 2 Iff The jp-The The United States court of appeals for the District of Columbia ruled Friday that orders of or orthe the war labor board are not by the courts The Tho ruling was on an appeal bythe bythe by bythe I the employers' employers group of Motor Freight Carriers In Inc mo an association association association I tion of carriers and individuals als who represent about trucking companies engaged in transporting transport transport- ing freight in Boston and throughout through through- out New England Three appeals court rt judges who heard the case Miller Edgerton and Arnold held unanimously that it is clear and undisputed that no statute authorizes review of the war labor Jabor boards board's order I History of Act The history of at the war labor disputes act the opinion said implies a n positive intention that these orders should not be re re- viewed Aside from that important important tant taut and probably conclusive fact tact the question Is whether general equitable principles authorized re re- re vi view w. w We Ve think they do not the employers' employers group say in effect that If they do not comply with the order the board may notify the president of their noncompliance and the president may take possession of their plants and facilities We have no occasion to decide whether In lri our opinion this is true In some Instances instance concerns which have failed to comply with board orders have ultimately b been en taken over by presidential orders In other instances concerns which have lave not been the subject of any board order have been taken over overby overby overby by presidential orders I If it be true as appellants suggest suggest sug sug- gest that the president may ultimately ultimately ulti ulU take possession of at their I plants and facilities that possibility possibility I Is not only because because be be- cause it is speculative but also I be-I because it is independent of ot the I boards board's order Neither the broad constitutional constitutional constitutional power nor the broad statutory statutory statutory statu statu- tory power of the president to take and use property In furtherance of at the war effort depends upon any action of ot the war labor board Any action ot of the board would be informatory and at most ad ad- vIs 0 ry No Authority Appellants demands that we annul and enjoin the boards board's order order order or or- der therefore amounts to a demand that we prevent the board from giving the president advice which appellants contend would be er er- er- er A court might as u well be asked to prevent the secretary of state or the attorney general from giving alleged erroneous ad ad- vice vice The correctness of administrative tive advice cannot be reviewed by the courts They have neither the necessary authority nor the necessary necessary necessary sary qualifications for tor such work The truckers' truckers group protested a aboard aboard aboard board order that it give an increase of a a. week and that time and a half halt be paid for work in excess of at eight hours in any regular working day |
