James Clark McReynolds

“ The court held that section 10 did not grant permission to sue the United States therein to one who has received the amount determined by the President for requisitioned articles, and that it lacked jurisdiction to adjudicate the issues which the petition presented.
The Lever Act was passed in view of the constitutional provision inhibiting the taking of private property for public use without just compensation. ”

“ It vested the President with extraordinary powers over the property of individuals which might be exercised through an agent at any place within the confines of the Union with many consequent hardships. ”

“ The point is not free from difficulty; but, after considering the contending views, the conclude there was jurisdiction and that the judgment to the contrary must be reversed.
Purporting to proceed under authority granted by section 10 [1] of the Lever Act, approved August 10, 1917 (40 Stat. 276, c. 53, [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 1/8ii] ) , the President, acting through the Secretary of the Navy, requisitioned coal belonging to the plaintiff in error and paid therefor $4 per ton, just compensation as ascertained by him. ”