Word: pine
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Injunction Stayed. First Baldridge, then Perlman pleaded with the court for a stay of Pine's injunction pending an immediate appeal to the Supreme Court...
From the White House went another order: Appeal Pine's decision to the higher courts. Next morning in Judge Pine's court, when the injunction papers were signed, Assistant Attorney General Holmes Baldridge asked for a stay of the injunc tion. "I deny it," said Pine. "Now you are free to seek relief elsewhere." Baldridge, grim and frustrated, stomped out of the courtroom. But that afternoon he showed up again in the grey-walled Circuit Court of Appeals (right next door to Pine's chamber), flanked this time by Acting Attorney General Philip B. Perlman...
...Disagree." With equal firmness, Pine refused to accept the Administration's argument that past emergency actions by a President sanctioned the steel seizure. Many of the precedents, he pointed out, were based on specific laws. As to those without authority of statute, "it is difficult to follow [the] argument that several prior acts apparently unauthorized by law, but never questioned by the courts, by repetition clothe a later unauthorized act with the cloak of legality ... I disagree." Then, in a series of blunt paragraphs, Judge Pine rejected the Administration's whole philosophy of government by expediency. Wrote Pine...
...that the Government appealed to the Supreme Court within two days. In effect, the Government could hold the steel mills until the Supreme Court handed down a ruling. In a subsequent memorandum, the majority explained why they had granted the stay of injunction. They found two arguable points in Pine's ruling: 1) In the past, the Supreme Court had held that emergencies gave the President the right to seize private property, and 2) since the U.S. Government is liable for damages suffered by private owners because of Government seizures, the question of "irreparable damages" to the steelowners...
Before the day was out, the Supreme Court of the U.S. stepped into the case. It agreed to review Judge Pine's ruling, and continued Government possession of the steel mills. But, until the court hands down a decision, it ordered a freeze of wages and other working conditions, unless the companies and union agreed on changes. And if they could not break the bargaining deadlock, the seizure issue would be finally decided by the nation's highest court...