Page 2 University Daily Kansan Thursday, May 1, 1952 Editorials Presidential Steel Seizure Raises Many Important Legal Questions Federal Judge David A. Pine's nullification of President Truman's seizure of the steel industry marked the first time a federal court has enjoined an administrative act of the executive. Judge Pine, in analyzing the foggy emergency powers of the President, held that no law and no section of the constitution can be interpreted to give President Truman authority to grab the steel mills. A study of the important arguments presented in the case by government attorneys and Judge Pine's decision raises a whole series of new questions. For instance, former presidents have executed seizures without legislated authority. The judgment maintained that repetition of an "illegal" act does not give it the "sanction" of legality. So when does precedent in an ill-defined area of law carry weight in legal decisions? Judge Pine said that Theodore Roosevelt's statement that he can act for the people's welfare in any way not expressly prohibited by the constitution does not "comport with our recognized theory of government." This seems to be one of the weaker points in the court's otherwise bold decision and needs clarification. Government attorneys argued that the declaration of a state of emergency is not subject to judicial review which the eminent jurist thought "alien to our constitutional government of limited powers." How far then, can industry, or a labor union, bottle up production before the President is empowered to act? What will happen if the impact of the steel strike is felt in Korean munition dumps? These and other legal questions related to presidential power will be asked as the case progresses through higher courts. It is about time they are answered.—Chuck Zuegner. Interpretive Articles Franco Renews Efforts to Gain Tangier The unpredictable Generalissimo Francisco Franco is at it again. This time he is renewing his efforts to gain control of Tangier, a 225-square-mile international zone located in North Africa, 38 miles from the straits of Gibraltar. The area, which has been under international control since the close of World War I, includes the port city of Tangier and the surrounding area. Riots have now replaced the peaceful yet forceful means of gaining control of the area that Gen. Franco had been using until March 30. After the fall of France in 1940 he sent troops into the international city in an effort to preserve the "neutrality" of the area. His troops had been in the area scarcely a year when Tangier suddenly became a possession of Spain. With the downfall of the Axis in 1945, Gen. Franco hastened to reassure the United Nations that he was only preserving peace in the area until the international administration could be safely restored. Italy, now a defeated enemy, was out of the picture, but the U.S. and Russia had stepped into it. The outlines of a new regime were agreed upon at Paris in August 1945, under which the U.S. and Russia were given equal representation on the two principal governing bodies, the legislative assembly and the committee of control. Largely for these reasons Gen. Franco's representatives were allowed to remain, but the other powers heped that Gen. Franco soon would be dethroned. This hope thus far has proved fruitless. Russia, however, refused to take an active part in the planning as long as Gen. Franco was in control of Spain. The western powers realized that if Spain ignored the agreement Tangier would suffer, as the area has only 65 miles of roads and one railroad which runs through Spanish Morocco to French Morocco. On April 7 Gen. Franco formally demanded complete police control. As yet no decision has been made, but it is extremely doubtful that his request will be granted. If Spain were to control Tangier she could block or at least hinder traffic into and out of the Mediterranean sea. With Spain in back of Gibraltar and Tangier in front of it, the British would have a difficult time defending "The Rock." Daily Kansan But as long as Russia and Spain continue to be bitter enemies the West would not have too much to fear even if Spain did have complete, or almost complete, control of Tangier. However, such an agreement is not wise as it would make the West too dependent upon a dictator who would change sides if he felt he could benefit by doing so.—Charles L. Burch. 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Doeres Mail Subscription rates: $3 a semester or 14.50 a year (add $1 a semester if in winter). Mail a reminder of any un- after afternoon during the University year except Saturdays and Sundays. University holidays and examination periods. Entered in second class matter Sept. 17, 1910; at awareness, Kinko's Point, under act of March 8, 1979. CALIFORNIA WATCHES REDS . . SELF KNOWLEDGE . . . The Hurricane, at the University of Miami, attempted last week to explain its function and its limitations to the readers. It declared: "The Hurricane is a student newspaper; it is designed to appeal to the greatest possible number of students. It is not the ultimate in English prose because, like any newspaper, it is not aimed at the literary elite . . . It is not chiefly motivated by the desire to educate the masses but merely to inform on matters of general interest." California's state senate un-American activities committee will be kept in touch about Communist operations on the various campuses around the state, it was reported last week. Interpretive Articles Massachusetts Vote Sets New High as Ike Wins 2-1 Ten schools in southern California have been told to appoint representatives who will keep the committee informed. "Communists have been especially active getting into educational institutions where research programs are underway for the government," said a counsel for the committee. The voters, stirred up by a battle between Taft and Eisenhower forces, went to the polls in the hottest presidential primary in the state's history. With only one-third of the district votes reported, Gen. Eisenhower had a 27,000 vote lead over Sen. Taft, and although Sen. Estes Kefauser was leading on the Democratic ticket, Gen. Eisenhower was even running a close second to him. With the general taking both Republican and Democratic votes, Sen. Henry Cabot Lodge Jr. said that the general had clinched the primary. The 10 delegates-at-large formed a "harmony" slate, but the other delegate contests were contested bitterly. In addition, there was a statewide preferential "write-in" primary which was not binding. This "popularity" contest was the second staged in New England this year. Gen. Eisenhower won the first, held March 11 in New Hampshire, and with his 2 to 1 lead over Sen. Taft in Massachusetts there can be no doubt that he has an edge over the senator when it comes to popularity contests. It was clear to Massachusetts voters by Tuesday night that with Gen. Eisenhower leading in all 14 districts, he would have no trouble in capturing the majority of the state's 38 delegates to the GOP national convention. The "write-in" contest attracted considerable attention, as the state's attorney general permitted voters to scribble nicknames on the preferential ballots, such as "Bob." "Ike," and "Mac." Because Gen. Eisenhower did not give written permission to have his name inserted on the ballot, his delegates were unidentified, whereas Sen. Taft's delegates were named as such. This did not appear to make too much difference to the general, however. Massachusetts' two Republican senators, Henry Cabot Lodge Jr. and Leverett Saltonstall, who led the Gen. Eisenhower campaign, made sure beforehand that the people knew who the general's delegates were. Massachusetts Democrats voted for 72 delegates—16-at-large and 56 by districts. Although Democratic Gov. Paul A. Dever, "favorite son," has the support of most of the 72-man delegation, Ken. Fewerau was leading in the Democratic preferential primary. "He says he's content in observing the human pageant." From now on most of the delegates to the GOP national convention will be chosen in state conventions. This was the last direct test between Sen. Taft and Gen. Eisenhower. Except, of course, for a rather decisive little convention in Chicago in July—Dianne Stonebraker. At the University of New Hamphshire last week somebody attempted a set fire to East hall. A few days later a cardboard box was found burning in a lavatory of the same building.