[770] 343 U.S. 579 at 646.
[771] Sawyer v. United States Steel Co., et al., 197 F. 2d 582 (1952). Both the government and the steel companies petitioned the Supreme Court for certiorari.
[772] Id. Four of the nine judges dissented. The majority, citing United States v. Russell, 13 Wall. 623 (1871) and United States v. Pee Wee Coal Co., Inc., 341 U.S. 114 (1951), found judicial precedent for emergency requisitioning of property by the executive, unsupported by statute, with a concomitant right to compensation on the part of the property owners. Since the government claimed that continued production of steel was vital to the national security, and admitted the right of the companies to compensation, the majority thought the preliminary injunction should be stayed. Id., at 585.
[773] 343 U.S. 937. Burton, J., with Frankfurter, J., concurring, noted their belief that certiorari should be denied until the cases had been fully heard, on their merits, in the Court of Appeals. Id., at 938-39.
[774] Youngstown Sheet & Tube Co. v. Sawyer, Dockets No. 744 and 745, 1952, Brief for Petitioner. Perlman speaks of “inherent constitutional power,” however. Id., at 113.
[775] Id., at 19-20.
[776] Id., at 102-150.
[777] Id., at 26.
[778] Id., at 73.
[779] Id., at 49.