New-York tribune., 1919-10-31
Lewis Charges
Usllrpation of
Power by u. S.
Continued from page 1

on when we were called into con-
ference by yourself at Washington,
day by day we reiterated we were
anxious and willing to go into joint
negotiations without reservations, hav-
ing in mind only interest Of our peo
pie, for purpose of negotiating wage
agreement which would avert strike in
bituminous industry
Position Is Unchanged
"Our position remains the same to-
day. We shall hold ourselves in readi-
ness to attend any joint conference
which may be arranged by you upon
fair basis and stand ready to recon-
vene international convention of our
organization whenever our scale COM
mittee has received an honorable
proposition Tor presentation to such
convention.
Permit me to say to you, sir the
unprecedented and unwarranted &C
ton 'of the Cabinet and the President
of the United States in issuing state
ment of Saturday last has done more
to prevent satisfactory settlement of
impending strike and working out of
wage agreement than any other ele-
ment which has entered into sitIa-
tion. The Presidents statement is
fiercely partisan document, because it
attachks the Intention of the mine
workers without even suggesting that
mine operators may have brought
about this unhappy situation, and fur
ther because threat is made to ex-
ercise full force of government to pre-
vent stOppage of work without any
corresponding threat 20 exert full
force Of government to enforce fair
working conditions and living wage.
ut is indeed sad commentary upon
the principles of square dealing when
the President of the United States and
his Cabinet by unanimous vote ally
themselves with sinister financial inter
ests which seek to deny justice to labor
and precipltate our country into in
dustrial turmoil. The President states
The mine workers projected strike is
not only unjustitiable, but unlawful.
He states Turner: 1T is wrong both
morally and legally In other words
the President says it is a crime for
the miners to strike and threatens pun
ishment for the crime.
! Is Not Crime to Strike
May [ point out to YOU that under
the laws Of the United States, beyond
any Presidential amendment or abroga-
ton, it is not crime to strike, I
cannot be made crime to strike anc
that an individual cannot be punished
for striking as for the commission ot
q crime?
"The President of the United State.
is the servant and not the master o.
the Constitution. The Constitution is
the supreme law of the land. In tn,
Interpretation and application of tn,
Constitution the decisions of the Su
preme Court are final authority.
"The Presidential statement of Octo
Der 25, 1919, threatens invasion of con
stitutional and inalienable rights O
American citizens. 1t is the climax o
a long series of attempted usurpation.
of Executive power.
"The Presidential statement an
nounced as its excuse for threatening
invasion OF constitutional rights thai
the war itself is still fact Eve
days later. however, in veto message
to Congress, the President refused t(
approve Of enforcement of an ac
which he said was passed by reason of
the emergency of war and whose OBJ
jects have been satisfied in the de
mobilization of the army and navy.
If the President was right on Monday
| submit, sir, that he was wrong OF
Saturday.
"The Presidential cdict threatens tc
deny TO mine workers protection ol
both the thirteenth and fourteenth
amendments to the Constitution. They
are threatened with involuntary servi-
tude by the Presidential attempt tc
make refusal to work individually
or collectively q crime.
Against Court Rulings
"This despite the Supreme Court
has repeatedly held that under these
amendments a laborcr cannot be forced
even under guise of a contract obiga
tion to render involuntary service
Supreme Court of United States has
always asserted there is no more i'm
portant concern than to safeguard the
freedom of labor upon which alone
can enduring prosperity be based
at is difficult to believe the Presi-
dent would have issued such docu
ment had he been physically capable
of obtaining frst-hand information
and Of exercising his own uninhuencet
intelligence in this most importan
problem. Yet his statement of Oc
tober 25 threatens the mine worker
with sanctifed peonage; demand
that they perform Involuntary service
proclaims a refusal to be crime whel
no such crime exists, nor can such
crime be defined under the Constitu
ton.
''The right and the duty rests upo,
free American labor to maintain unim
, paired the constitutional privileges an
, guarantees of all American citizens
The United Mine Workers of Americ
believe the great majority of our cit
zenshp will resent any trespass upo
these principles.
JOHN L. LEWIS,
''President United Mine Workers c
America"
, Both operators and miners agree thu