The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-11-09


violation of the wartime federal
food and fuel control net, alleged
by the attorney generals depart
ment, was affirmed by the court
who said the strike not only was
Illegal but that under the circum-
stances it approached rebellion.
Unless the union leaders choose to
DEFY the court--and there was no in
dication tonight of any such intention
they can move only towards ending
the big walkeut The courts order was
so worded, failure to cancel the strike
call or any affirmative word of action
tending to aid and abet' the continu-
ance of the strike, would make them
ciolators of the ,imjunction and in
contempt OF court.
MUST ACT AT ONCE
Tonight, therefore, the union
leaders are under orders to meet
here Monday, draw up a cancella-
ton of the strike order, submit 1t
for Judge Anderson's approval by
10 a. m. Tuesday and have notice
of 1T on the way to NIL local and
district unions by 8 p. m. that day.
kilograms summoning district
presidents of the union and mem
bers OF the executive board and the
central competitive field scale COM
mittee to meet here Monday, were
dispatched few hours after Judge
Anderson's sweeping mandate had
been issued
Union officials here would not COM
ment upon the court action.
.tNot a word" said John L. Lewis
acting president of the big organiza-
ton, and his colleagues were even less
communicative. A shake of the head
sometimes accompanied by a grim
snrile, were as far as they wished to
go toward indicating what they
thought of the situation.
G. B. Ames, assistant attorney gem
eral, who conducted the case for the
government also smiled but more
cheerfully than the union men whom
asked for comment and said.
The decision speaks for ITSELF
FOUGHT, LOSING FIGHT
Attorneys for the union fought
losing fight from the start OF the pro-
ceedings. First they moved postpone
ment for a week, Indicating there was
a chance for settlement of the strike
by that time. Mr.. Ames objected 10
postpoaement and the court ordered
the case TO proceed
Then the government introduced five
affidavits as evidence that the opera
ton OF the railroads was being inter-
ferred with and that contracts between
employers and miners had been broken,
The defense RESPONDED with its motion
for dissolution of the restraining order
and arguments followed
Judge Ames in presenting the gov
eminent case based his argument upon
President Wilson's denunciation of the
strike and said the structure of the
government was endangered by the
defendants violation of the fuel con-
troll law.
From that point the proceedings
wa. h bN
gave the attorneys for the defense
little opportunity to go into legal
points which they tried to get into
the record. He upheld in every particu-
lar the contentious OF the government
that the strike was Illegal under the
Lever food and fuel act and said the
UNFOLDING of this act was the only
question before the court.
At one stage he indicated the right
to strike was not applicable to the case
because none of the defendants to the
proceedings was earning his living
working as miner. but he allowed
argument to proceed on the theory
the union officials were proper age
of the miners, carrying out orders 81
by their principals.
LEVER ACT CONSTITUTIONS
Almost Immediately however tas
court threw the discussion back to i8
wartime powers of the fuel and
control law and advised the defe
attorneys not to waste time by argu
other questions. Judge Anderson
stifled this line of debate also by
nouncing fatty he was going to N
the Lever act constitutional. and in
feet until the President of the I'm
States formally DEGREES the end of aa
war.
This case" he said in issuing the
junction, involves solely the al
ton of enforcing the law. 1t Is or
absolute duty to uphold the law. wi
no one man. no body of men has
right to override. Were we to ad
to even the slightest degree CONT
right. we would undermine the four
tions of the republic.
THE government is right in seet
to uphold its own laws and in ask
Its courts to aid it, These men /
done an Illegal act from which
separable injury results to the
plainant"
re injunction, prepared by the
torney generals department in WI
ington. repeated the restraining o.
of October 81. which forbade the issuing
of any messages. oral or written of Tex
hortation or encouragement to the
strikers and also tied up the unions
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