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10/18/40
PRESIDENT'S PEACE TIME RADIO POWER DISCUSSED
The extent to which the President can interfere in peace¬ time with communication, production, and distribution is the extent to which he can interfere with the freedom and the property rights of the American citizen, according to "The President's Peace Time Power in 1940", a pamphlet prepared under the direction of The Industrial Survey and Research Service in the Barr Building, Washington, D. C.
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It carries an introductory note:
"This publication has been prepared in response to urgent requests for 'plain English' information to answer such questions as, 'Well, suppose the President can take over radio stations and industrial plants, what can that do to me so long as I do not own the stations or plants he commandeers?' With one notable exception, the pages that follow are concerned with the effect of the Presi¬ dent's peace time power upon all American citizens, rather than with its effects upon the owners of producing or servicing agencies. The laws quoted in this publication have been selected in the light of a fact which everybody know^but which too many citizens forget •• that all the goods and services essential to our everyday family and community life are furnished by the country's producing and distributing facilities .
"The information is confined to specified power grants that convert liberties, heretofore exercised as a citizen right, into privileges enjoyed at the discretion of the President. "
"Radio programs come into American homes in peace-time at the pleasure of the President not by right of the American citizen." ("Except for homes having radios caoable of receiving foreign broadcasts directly not through American chains. ")
There follows the wartime radio statute with capital letters to emphasize the points which the Research Service desires to make.
"Upon proclamation BY THE PRESIDENT that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, FOR SUCH TIME AS HE MAY SEE FIT, the rules and regulations applicable to any or all stations "( radio ) "within the jurisdiction of the United States as prescribed by the Commission" (Communications) "and may cause the closing OF ANY STATION for radio communication and the removal therefrom of its apparatus and equipment, or he may author¬ ize the use or control of any such station and/or its apparatus and equipment by any department of the government under such regula¬ tions as he may prescribe, upon just compensation to the owners. " (48 Stat. 1104) ("The Press throughout the country during the last week of September, 1940, carried announcements that the President had set up a board to prepare an operating plan for this power. ")
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