LABOR: Avery's Great Day

In Chicago, white-haired U.S. District Judge Philip Leo Sullivan turned from his lawbooks to his dictionaries, solemnly pondered the meaning of two words;—"production" and "distribution." Then, reluctantly, he handed the U.S. Government's labor policy a resounding judicial slap. President Roosevelt, he decided last week, had no power to seize the plants and facilities of Sewell Avery's Montgomery Ward & Co. (TIME, Jan. 8).

Judge Sullivan's ruling was a heavy and unexpected blow to the War Labor Board and the voluntary formula on which it operates. It was only a first-round decision. But,...

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