Note 772 — Chapter X · JUDICIAL REVIEW

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.