e Commission shall be the exclusive owner of all
facilities (with minor exceptions) for the production of fissionable
materials; that all fissionable material produced shall become its
property; that it shall allocate such materials for research and
developmental activities, and shall license all transfer of source
materials. The Commission is charged with the duty of producing atomic
bombs, bomb parts, and other atomic military weapons at the direction of
the President. Patents relating to fissionable materials must be filed
with the Commission, the "just compensation" payable to the owners to be
determined by a Patent Compensation Board designated by the Commission
from among its employees.
POSTWAR LEGISLATION
The war power "is not limited to victories in the field. * * * It
carries with it inherently the power to guard against the immediate
renewal of the conflict, and to remedy the evils which have arisen from
its rise and progress."[1285] Accordingly, the Supreme Court held in
1871 that it was within the competence of Congress to deduct from the
period limited by statute for the bringing of an action the time during
which plaintiff had been unable to prosecute his suit in consequence of
the Civil War. This principle was given a much broader application after
the first world war in Hamilton _v._ Kentucky Distilleries and Wine
Co.,[1286] where the War Time Prohibition Act adopted after the signing
of the Armistice was upheld as an appropriate measure for increasing war
efficiency. It was conceded that the measure was valid when enacted,
since the mere cessation of hostilities did not end the war or terminate
the war powers of Congress. The plaintiff contended however that in
October 1919, when the suit was brought, the war emergency had in fact
passed, and that the law was therefore obsolete. Inasmuch as the treaty
of peace had not yet been concluded and other war activities had not
been brought to a close, the Court said it was "unable to conclude" that
the act had ceased to be valid. But in 1924 it held upon the facts that
we judicially know that the rent control law for the District of
Columbia, which had previously been upheld,[1287] had ceased to operate
because the emergency which justified it had come to an end.[1288] A
similar issue was present after World War II in Woods _v._ Miller,[1289]
where the Supreme Court reversed a decision of a lower court to the
effect that the authority of Congress to regula
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