Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-11-09

plaintiff as evidenced p" the affi-
aavlts Offered here toda"
I'VE pray at this time for a man
datory Injunction for withdrawal o: |
The strike order because notwithstand. |
ing the restraining ordo"'s erect the
strikers are still on strike.
The situation is in a state of rest |
If YOU please, which IN itself works
injury That state of res can be
changed to state Of action only by
ance.lation Of the Illegal strike
ORDER
We feel" said Judge Ames IN con-
Guiding, that there is nothing COM
parable with the importance of as
certaining whether the law of this
country IS supreme When We reach
the point where the supremacy OF the
law challenged oy any man or body
OF men. we have reached the pont
where the decay of the repub &c has
set in
Warrum Is Interrupted.
Mr.. Warrum started with a flat
statement that every decision in the
country relating to strikes had
averred the right Of workmen to-
strike when unqccomnaniel ~ boy
colt or disorder He read opinions to
this effect. but Judge Anderson asked
How do these Apply to these cases
when there is not . single defendant
in this room who works with his
hands?"
THE attorney said the injunction
against the officers or agents of the
miners was IN effect an injunction
against the miners On his theory
! be was allowed to continue his argu-
ment
"rboeo dofo,,a,,,. 49, ,,4 ;+
lopers,' he said. "They are the duly
constituted agents of the men and the
governments bill of complaint itself
shows that the men themselves or
dered the strike and directed their
officers to carry that order into effect.
1T is further important that in the
blll appears the fact that these very
defendants were parties to the Wash
ington wage agreement a.d recog-
ni2ed them as lawful a"ants But
now the government turns around and
seeks to place in the position OF in
terlopers these same agents when
thoy carry out orders of their princi-
pals"
That is not the question before the
court at all" said Judge Anderson.
''Phe Lever act makes It an unlawful
conspiracy for two o. more persons
That is perfectly apparent to me.
Everybody knows that You may
discuss that &c you wish"
But your nonor has just said you
are convinced the conspiracy exists"
explained .he attorney.
We'll, let's go on with the case as
any other case" said the court
Anderson Disagrees With Evans.
Certainly" rejo!ned Mr.. Warrum.
Judge Evans has held that the war
powers of the Lever act have expired
and
"But ! do not agree with Judge
Evans said Judge Anderson. Con
gress has the right to say and did say
that the Lever act should remain in
force until a definite thing was done
That has not been done So ! hold
that the Lever act is still in force.
Il hold also thai stopping work in
coal mines restricts the production of
fuel.
Il am going to hold that even two
miners who work with their hands
may not legally conspire to stop pro-
duction of coal"
The court also upheld the assertion
of the government that the Clayton
act did not apply to this case.
The discussion swung to the oper-
ators attitude'and the Judge remark
ed they were not in court that he had
only one side of the controversy be-
fore him.
But bring them in, he said. Il
will be willing to enjoin their illegal
acts also"
The war condition of the Lever act
and the status Of men in service came
up, leading Mr. Warrum to say:
martial"
81 don't understand that remark,
but / concede the fact" said Judge
Anderson.
Dcbs Case Is Discussed.
Further attempts to bring in the
right of employees to quit work singiy
or in body met with equal obstruc-
| ton from the court.
when congress passed the Lever
bill it made unlawful any conspiracy
| tending to decrease coal production.
| That is the law and that ends it.
Mr. Warrum sat down and Judge
Anderson started a discussion of the
| Debs railroad case. He pointed out
| that the supreme court of the United
| States held the government had right
| to get an injunction preventing rail-
road tieup.
'Now," he said, "the government
controls the railroads and is using
/ them to transport troops and mails.
! Can YOU assert that anyone has right
to stop the roads in these circum-
stances"
Il assert" said Mrf Warrum, the
right to strike for higher wages and
to stop the roads If that result is an
incident"
you are wrong" said the court.
| I'm through" saM Mr. Warrum.
| Mr., William V. Rocker then tried
vainly to discuss the Lever act but the
Judge cut him short by holding for
mally that the act remains in force.
Can l discuss the allegation of tr-
reparable injury 2" asked Mr. Rocker,
Don't waste your time said judge
Anderson. al am going to hold that
irreparable injury does exist in this
case. Why, millions of dollars are be-
ing lost, What is the use in discuss
ing this question of the Lever bil4?'
Mr.. Rocker agreed there was little
He then tried to show a difference be-
tfeen this case and the Debs case.
Judge hntlCrson's PrOnouncement.
81 suggest you turn to the mandate
that this strike order be rescinded,
said Judge Anderson.
81 am going to issue that unless yot
persuade me otherwise
Mr.. Rocker agreed, there was moth
ing more to he said. and Judge Ander'
son began his pronouneement.
Z 1T is not a question for the cour'
i to say when this war ends he said
THE Lever act is constitutional and
Lin force and clearly prohibits the
thing these men have done. The re-