New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-11-09

have reached point where supremacy
of the law may be assaii ed by any body
Of men the decay Of the Republic has
set in"
Attorneys Henry Warrum and w. "
Rocker, speaking for the defendants
did not develop their arguments that
the Clayton act applied; that the Lever
act was not in force; that the WASH
ington agreement had expired; that
restrained, like interloper s, from direct
ing and advising a strike determined
on by the men, etc.
Court Chokes OF Argument
Judge Anderson continually inter
ruptcd them with declarations that the
whole question was on the Lever act
that the Clayton act had nothing to do
with the case, and time and again re-
minded them that they could take the
time of the court to make the arru-
ments if they wished. but that it would
do them no good. The. finally gave
up in confusion and despair. Here
are some Of Judge Andersons remarks
to the attorneys:
The Lever act says that two or more
persons acting together to restrict pro-
duction of necessities is conspiracy.
Miners arc persons, aren't they? Coal
is necessity, isn't it? Don't YOU
think this is a conspiracy to restrict
the production of Goa? Isn't that the
purpose OF the strike? No? Well. !
think 80, and so does everybody else.
Stick to the subject The question
is: Is the Lever law q valid law ?
mo? Do you mean to tell me that
Congress. can make war, can send the
flower of the youth Of the land to
France to die in the trenches and cam
not make law that will keep men
from conspiring to limit the produc-
ton of coal?
Congress had the right. That's the
end Of that discussion. / hold that the
Lever act IS in force. hold that even
two miners that work with their hands.
as these defendants do not, can be re-
strained from consiprrg to restrict
production.
Action Of Operators ImmatcriaI
II don't care about the attitude Of
the operators at Buffalo. Under the
Lever law that doesn't make any diff
ference. Bring in the operators if you
want to and we'll restrain them.
II don't think the Clayton act APP
plies to this case at all. The Lever
law supersedes it in this instance
That's what I think about the Clayton
law. l think a lot else about it, too
but won't sn:' it.
do you mean to tell me that any
body OF men has the right to conspire
to stop the government from running
the railways %
This is not a court martial" in
terposed Attorney Booker
II don't know what you mean bv
! that remark" answered Judge Ander-
son, "but I'll admit the fact Now,
Mr.. Rocker, it is not worth while for
you to take up your time talking about
the validity of the Lever act | am
going to hold that it is valid That
forecloses the discussion as to what
conspiracy means.
Question Of Loss Held Obvious
"Now we come to the question of
whether irreparabc loss is likely to be
incurred if this order be not granted"
said Mr.. Rocker.
"lrreparable loss " echoed Judge An
derson. "!f the mines close the rail
that. Don't waste your time talking
about it,"
The contention Was made that the
Lever act would terminate as soon as
the President proclaimed peace and the
injunction thereby would be vacated.
Il don't think So" said the court
mo president has ever yet vacated
any order of this court Go on to
something else. What, do you think
this court is so impotent that, after
Issuing all order to prevent certain
course of action from being effective,
1t cannot order that action revoked {?
1t is my imperative duty to issue this
order that the strike order be re-
voked."
When the attorneys for the defense
had enough of this sort of cntilading
fire from the court, they gave up and
turned to the question Of time fer the
comply with it. The judge gave them a
few minutes to consult with their
clients, and then held them down to
three days and a few hours more The
order cancelling the strike must be
presented to the court by 10 q. m.
Tuesday. and must be issued by 6 D. ~
that day.
Say Order Means "Show-down"
There is much speculation here to-
night as to what effect the injunction
will have. The general opinion is that
it meant trouble. and perhops general
'shcw- DOWN between the government
and organized labor. Labor leaders say
1t means the overthrow of the conserv
ativcs in the American Federation Of
Labor and their replacement by radi
ca and destructive leaders.
The executive council of the Ameri
can Federation Of Labor is to meet in
Washington tomorrow. to consider the
situation and to take steps to rally the
whole labor movement in the United
States to the assistance of the miners
Just what will be the course of this
rallying is not known, but it is limited
that since the government seems to
be "looking for fight" it will get it in
strike after strike until the whole
country is in confusion and chaos.
Attorney Warrum announced shat ap-
peal would be taken at the earliest pos
sibie moment to the United States
Circuit Court of Appeals, Seventh Dis
trict, in Chicago but said it would be
ply sically impossible to bring the case
before that court prior to the expira-
tlon OF the tiH!. iiA-e lIXoa ~ , i &c
Anderson for the issuance Of a revoca-
ton Of the strike order.