Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-10-30

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"Some of the wage contracts were
made with the sanction of the fed
eral government, operating through
the fuel administration, to run dur
ing the continuation Of the war or
upon April l, 1920. Many others,
however, run until a time still in
the future without regard for the
continuation of the war.
"While 1t is perfectly plain that
the war is still on and any contract
running until its conclusion is still
In force, whatever weight may BE
given to the argument that the sue
cessful operation of the war no long
er requires such contracts it has no
application whatever to the large
number of such contracts which ex-
pire at fixed date without regard
for the war period. The armistice
did not end the war and the courts
in many cases have held that the
| war emergency 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 %, when an act OF
congress was approved making even
more effective the food and fuel
control act.
Renewal of Restrictions.
"The suspension of the restric-
tons as to the price of coal is not
necessarily permanent, and condi-
tons warrant renewal Of these re-
strictions at this time, and yet the
government, if it reinstates the
order fixing a maximum price, would
be absolutely helpless to protect the
people against exorbitant prices Of
the product if the contract made I'M
der its sanction should now be de-
liberately broken. This does not
mean that a change could not be
negotiated, and either agreed upon
or arbitrated, if proper protection of
the public be accorded in the settle
ment, but it does mean that the pub
lie welfare in the wartime emer-
gency must still be the same perma-
nent interest to be served by both
parties. The government is the pro-
tector of the public welfare.
1.-THE proposed strike, if carried to
its logical conclusion, will paralyze
transportation and industry. It will
deprive unnumbered thousands of
men who are making no complaint
| about their employment of their
right to earn a livelihood for them.
selves and their families; will put
cities in darkness, and, if continued
only for few days, will bring cold
and hunger to millions of our peo-
pie; if continued a month, it will
leave death and starvation in its
wake. It would be more deadly
attack upon the life of the nation
than an invading army.
Enact Control Act.
"By enacting the food and fuel
control act, congress has recognized
the importance in the present cir-
cumstances Of maintaining produc-
ton and distribution of the neces-
saries of life, and has made it I'M
lawful for any concerted action,
| agreement or the arrangement to be
made by two or more persons to
limit the facilities of transportation
and production, or to restrict the
supply and distribution of fuel, or to
aid or abet the doing of any act
having this purpose or effect. Max
ing a strike effective under the cir
cumstances, which l have described,
amounts to such concerted action or
arrangement.
1T is the solemn duty of the De-
partment of Justice to enforce this
statute. We have enforced it in
many cases. We must continue to
do so irrespective of the persons
involved in its violation. l hope it
will not be necessary to enforce it
IN this case. Indeed, ! am hearing
from many sources that large num-
bers of the miners themselves do
not wish to quit work and will not
do so if assured of the protection
of the government, of which they
properly feel themselves a part.
1T is probably unnecessary for
me to say that such protection will
everywhere be given, so that men
may exercise their undoubted right
of continuing to work under such
terms and conditions as they shall
see fit. The facts present situation
which challenges the supremacy OF
the law and every resource of the
government will be brought to bear
to prevent the national disaster
which would inevitably result from
the cessation of mining opera
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