Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-11-08

Of the circumstances cited In this con-
nectton being that soldier members OF
the union had been discharged from
government service and that the coal
mines had been returned to their
owners.
'aThe union members therefore be-
lieved that peace had come and that
the United States was no longer at
war" said the afhdavit. and 1t o1ersd
to show in court that by acts OF the
federal administration the war pow
ers relating to the fuel industry had
been dissolved.
The motion also argued that the re-
straining order was calculated to de-
stroy the right to strike and result
in dissolution of the organization. 1t
also asserted that the portion of the
order restraining use of union funds
confiscated property without due proc
ess of law
This closed the evidence and Judge
Anderson then agreed with the at
torneys that an hour and half De
allowed each side for argument.
Governments Side Presented.
Judge Ames opened for the govern
ment.
Reading from the Congressional
Record he got into the case Presi-
dent Wilson's statement on the coal
strike, reading it in full. President
Lewis of the union. with thumbs
thrust into the armholes of his wais-
coat. listened to the chief executives
excoriation of the organization with
nonchalant manner. emphasized by
closed eyes and an occasional use OF
pencil as toothpick.
The President states facts in that
statement to the American people"
said Judge Ames. Because of a dis
agreement between the miners and
operators of the central competitive
field a strike has been ordered
throughout the United States. And
this. too. notwithstanding that In
other fields there were in force con-
tracts which were negotiated indie
pendently Of the central field.
Court to Decide.
1T is not for the defendants to de-
eide what is the law in this case. In
civilized countries such questions are
left to the arbitrament of courts.
The courts of this land have de-
cided that the war is yet existent. The
unions say 1t has ended. They thus
oppose their employers, the courts and
the government.
1T is assumed by the government,
however. that the defendants acted in
good faith, believing that their course
was legal. Therefore, the civil. Ta-
Their than the criminal process has
been invoked as a matter of fairness
and common justice
Time for Plain Speaking.
AS the President of the United
States has said, the time has come for
plain speaking. No organiZat ton may
override the law. Otherwise there is
successful revolution. And / do not
believe the American people has reach
: ed
be approved.
The government contends that this
strike is illegal in that it violates the
federal fuel control act"
Judge Ames cited the provisions of
the law forbidding restriction of fuel
output, and concluded:
ANY arrangement which has that eff
feet violates the law"
He said the governments position in
court in this case was settled by the
Debs decision. and when Judge Ander-
son said he knew Of that decision, the
point was not elaborated.
Replying to the defense contention
that the war had ceased progressively, )"
Judge Ames quoted the Lever act pro-
vision that it would remain in force
which he said had not been done
He also argued that President Will
sons statement as to war conditions
of the strike. the declaration of Con-
gress last week that the Lever act was
still in effect. and court decisions that
war still exists showed executive
| legislative and judicial opinion
! united against the unions contention
| He denied that the Clayton act had
any application to the present case
! He said the provisions on strikes did
not permit an unlawful act. and that
section 20 of the act did not ap
ply. because this was not a case be-
| tween employers and employees.
But even if it did," he added, there
f, Is irreparable injury to this plaintiff
here today.