The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-11-08
Union Officials Given Until s
PM, Nov. II to Comply
With Decision.
MINERS FOUGHT vAINLY
For Chance to Present Argu-
ments on Right to Strike.
Conspiracy Held.

cials of the United Mine Work
ers of America must recall their
order for nationwide strike Of
bituminous coal miners.
This was ordered here today
by Judge Albert b, Anderson in
federal court when he granted
the plea of the government for
an INDUCTION directed against ex-
ecutives of the mine workers. or
| ganization in an effort to break
the strike of 100000 soft coal
nliners.
Judge Anderson gave the min
ers' officials until 6 o'clock next
tuesday evening, Nov. II, to re-
call the strike order, which was
sent to some 1000 local organi-
cations.
Judge Anderson further or
lydcred that the strike recall be
submitted to him for approval
by 10 o'clock Tuesday morning,
before it is sent out.
Minsrs Sought Postponement.
Your honor" said Henry War
rum, of counsel for the miners, "the
defendants wish to move at this time
for postponement Of these proceed
irgs for a week or ten days. In the
/ r>eantime it is hoped that peace
1 ful settlement of the controversy
uDon which these proceedings are
/ baaed may be reached"
THE questions involved are too
| imporRnt to admit Of delay" re-
Joined c. B. Ames, assistant attorney
| general. For this reason the gov
or7mcnt objects 10 delay"
| The attorneys then agreed that in
4 ruling upon the motion for disso-
luton of the restraining order the
4 court might also rule on the ques-
4 ton of issuing an injunction as
nrnSed in the petition filed last week
i ny the government.
aIr..s ,Amas offered safiidauits. -S~sxus
4 ". b. Spencer and Marion Under
wood of the railroad administration
4 at Washington, as to diminishing coal
]rI,pplies and diminishing financial re-
tnrrs through operation of the roads.
4 Taken together these afidavits
( Stow" said Mr. Ames, that the gov
crnment Is operating the roads now
lct a loss which will increase with
! dlrl'nution of supplies for opera
4 tion."
i Affidavit From Lewis.
4 Mr. Ames read an affidavit from
4 Thomas l.. Lewis, secretary of the
, Now River Coal association, of West
Virginia. This document detailed the
1 alleged violation of union contracts
In that field. Similar afildavits were
4 Sffcrcd detailing alleged similar con-
d,tions in eastern kHltucky and
,onnessee Mr.. Ames then related
4 the re-osta blishment of certain fuel
administration orders.
4 " believe these are all the facts
we wish to present at this time" said
Mr.. Ames.
1 The defense thereupon started to,
\ read its motion to dissolve in the
form of an affidavit.
4 The document asserted the legality
i Of the strike call and that the sole
4 object was to better the living con-
4 d'tions of the miners by increased
4 wages and shorter working hours.
This was explained as designed to
combat the government assertion of
/ conspiracy to violate the Lever food
and fuel control act.
4 The affidavit cited the statute for
hiding issuance of injunctions in Ia
i Dor disputes unless based upon de-
struction of property of the COM
plnnant. The Lever act, it was ar
eued, had become ineffective because
4 the war had "ceased progressively"
n two of the circumstances cited in
this connection being that soldier
Rrlcmbers of the union had been dis
charged from government service,
and that the coal mines had been re-
turned to their owners.
Lewis Appears Indifferent.
THE union members therefore be-
lioved that peace had come and that
the United States was no longer at
var." said the affidavit and it of
fered to show in court that by acts
of the federal administration the war
\ Bowers relating to the fuel industry
\ had been dissolved.
The motion argued that the re-
.
stroy the right to strike and result
in dissolution of the organiza ton. 1t
also asserted that the portion of the
order restraining use of union funds
s,confiscated property without due pro-
cess of law.
This closed the evidence and Judge
Anderson then agreed with the at
torneys that an hour and half be
allowed each for argument. Mr.. Ames
ornned for the government.
Reading from the Congressional
Record. he got into the case. .Presi-
dent Wilson's statement on the coal
strike, reading il in full. PRESIDE Mt
Lewis of the union, with thumbs
thrust into the armholes Of his waist
coat, listened to the chief executives
excoriation of the organization, with
nonchalant manner.
"The president states fact in that
statement to the American people"
So ID Mr.. Ames. Because of dis
agreement between the miners and
oecrators of the central competitive
fold. 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 inde-
<,endently of the central field.
"It is not for the defendants to de-
eide what is the law in this case. In
civilized countries such questions are
left 10 the arbitrament of courts.
'.The courts of this land have de-
cidod that the war is yet existent.
Tha unions saw ii has ended. Tney
thus oppose their employers, the
courts and the government.