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.

"To implement the directives of the National War Labor Board, the Office
of Economic Stabilization directed the cancellation of all priority
applications, allocation applications and outstanding priorities and
allocations in the cases of three clothing companies and one
transportation system which refused to comply with orders of the
National War Labor Board." Arthur T. Vanderbilt, War Powers and their
Administration, 1945, Annual Survey of American Law (New York University
School of Law), pp. 271-273.

[72] 8 Fed. Reg. 11463.

[73] 56 Stat. 23.

[74] 322 U.S. 398 (1944).

[75] Ibid. 405-406.

[76] _See_ Corwin, The President, Office and Powers (3d ed.) 302-303.

[77] Charles Fairman, The Law of Martial Rule (Chicago, 1930), 20-22.
Albert Venn Dicey, Introduction to the Study of the Law of the
Constitution (7th ed.), 283-287.

[78] Dicey, Introduction to the Study of the Law of the Constitution,
Chap. VIII, 262-271.

[79] 7 How. 1 (1849). _See also_ Martin _v._ Mott, 12 Wheat. 19, 32-33
(1827).

[80] 2 Bl. 635 (1863).

[81] 4 Wall. 2 (1866).

[82] Ibid. 127.

[83] Ibid. 139-140. In Ex parte Vallandigham the Court had held while
war was still flagrant that it had no power to review by certiorari the
proceedings of a military commission ordered by a general officer of the
Army, commanding a military department. 1 Wall. 243 (1864).

[84] 31 Stat. 141, 153.

[85] Duncan _v._ Kahanamoku, 327 U.S. 304 (1946).

[86] Ibid. 324.

[87] Ibid. 336.

[88] Ibid. 343.

[89] Ex parte Quirin, 317 U.S. 1 (1942).

[90] 317 U.S. 1, 29-30, 35 (1942).

[91] Ibid. 1, 41-42.

[92] Ibid. 28-29.

[93] 1 Stat. 577 (1798).

[94] 327 U.S. 1 (1946).

[95] Ibid. 81.

[96] _See_ Leo Gross, The Criminality of Aggressive War, 41 American
Political Science Review (April, 1947), 205-235.

[97] Fleming _v._ Page, 9 How. 603