The Washington times., 1919-10-30
Here Are the Two Sides to the
Impending Coal Strike
THE GOVERNMENTS SIDE

Attorney General Palmer issued tn
'ollowing statement outlining tn
Governments attitude toward tn
.oal strike at the Department of Jus
ice last night after a long confer
.nce with Secretary Wilson, Directo
General Hines, Secretary Tumult,
Dr.. Garfield, Assistant Attorneys Ger
.raI Francis p. Garvin, and c. I
Ames:
There can be no doubt that the
Government has the power In the
public interest, Under the law,
to deal with the projected strike
: of the bituminous coal miners
without infringing upon the rec
ognized right of men in any line
of industry to work when they
please and quit work when they
please. The illegality of this
strike can and will be established
without in any way impairing the
general right to strike, and the
general right to strike is not in
issue in any sense whatever In
the present situation.
This is true because the circum-
stances differentiate this case
from the case OF any other strike
that has ever taken place in the
country. 1t does not follow that
every strike is lawful merely be-
cause the right to strike is recog-
nized to exist. Every case must
stand upon it's own bottom, and
r be governed by its own facts
Therefore, when the President
said in his statement last Satur-
day that "such a strike in such
circumstances" is not only un-
justifiable but unlawful, reference
was had only to the conditions in
the pending situation.
The proposed strike was or
dered in a-manner, for purpose,
and with a necessary effect. which
taken together put 1t outside the
pale of the law After the war
began the production of fuel was
regarded as one Of the subjects of
such peculiar publicN Importance
as to justify a special statutory
enactment.
The Fuel Administration was
created to supervise the subject
and matters OF wages as well as
prices were considered and sane
toned by the Fuel Administra-
tion. After the cessation of hos
tilities the Fuel Administration
suspended certain of its orders.
but did not terminate them. and
they are subject to reinstatement
at any time upon the Presidents
order and the statute under which
the orders were made is still in
full force.
Recalls Violation of Contract.
With this situation existing.
the convention of United Mine
Workers at Cleveland, last Sep
tember, decided to annul all wage
contracts on November 1, aid took
the unprecedented step of decid-
ing in advance of any opportunity
for consultation either with the
Government or with the coal
operators, TO strike on November
l, unless satisfactory new ar
rangements. should be made.
Without any expression from
the workers themselves, the or
ganization promulgated demand
for 60 per cent increase in
wages, a six-hour day and a five
day week, and authorized a strike
to be effective November 1, be-
fore the demands were even pre-
sented to the operators. The de-
mand for new wage agreement
covered only a part of the coal
fields, but the strike order was
sent broadcast to workers in 9TH
er fields where operators had
been given no opportunity to even
consider demand for increased
wages or decreased hours.
All this has been done while
the miners in every field, through
their right of collective bargain
ing had entered into a solemn
contract, with the operators. fix
ing wages and hours for a definite
period which has not yet expired.
The operators, upon the insist
ence of the President, indicated
their Willingness to negotiate and
arbitrate providing the strike is
deferred. while the miners re-
jected the Presidents request for
arbitration as a means of settle
ment, and refused TO defer the
strike. Some of the wage con-
tracts were made with the sane
tion Of the Federal Government,
operating through the Fuel Ad-
ministration, to run during the
continuation of the war, or until
April !, 1920. Many others, how
ever, run until a time still in the
future without regard for the
continuation of the war.
While it is perfectly plain that
the war is still on and any con-
tract running until its conclusion
is still in force. whatever weight
may be given to the argument
that the successful operation OF
the war no longer requires such
contracts II has no application
whatever to the-large number OF
such contracts which expire at a
fixed date without regard for the
war period.
Position Of Congress and Courts.
The armistice did not end the
war and the courts in many cases
have held that the war emergen-
cy statutes are still in force; the
same rule must apply to war
emergency contracts. The Con-
gress has held to this position so
late as October 80, when an act Of
Congress was approved making
even more effective the food and
fuel control act.
The suspension OF the restric-
tions as to the price OF coal is
not necessarily permanent and
conditions warrant a renewal OF
those restrictions at this time,
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