New-York tribune., 1919-11-10

their purchases to such advantage as
ts presented to other localities. Their
isolation prevents. The United Mine
Workers. in their convention held dur
ing the month Of September In the
city OF Cleveland, adopted positive
declaration demanding improved con-
dit'ons OF employment for the mipers.
Thcy further instructed the officers to
proceed te obtain by negotiations with
the operators the working conditions
that the convention unanimously
adopted
There were almost 1900 delegates
seated in tie convention. representing
100000 organized miners. They fur
Their positively and explicitly instructed
their officers that unless an agreement
was reported on or before the first day
Of November. 1919. the resolution Of
the convention calling for strike on
November l. 1919. shcp,d be communi-
Gated to the membership. There was
no alternative except fer the officers.
who are elected by the membership.
to carry out the direct instructions Of
s;.9 the membership or resign from their
positions as officers. in which event
chaos and confusion would result.
Effort to Reach Truce Alleged
THE officers of the mine workers.
with their scale committee entered
INTO conferences and discussions with
the operators in the city of Buffalo.
Ihey stated at the conference that
they had full power to negotiate an
agreement; in others words, that they
had the power to give and take in the
conference. The employers refused to
make any offer whatever. Later the
miners answered the call Of the Sec
retary of Labor and further endeavored
TO reach an agreement but failed. The
officers then proceeded to carry out
the instructions of their bership
and communicated the results of the
failure of negotiations, and by order
Of the convention the strike automati-
cally took effect November /, 1919.
"The machinery which has existed
for years, and which has been sue
cessful in bringing about agreements
between the miners and the operators,
still exists and they, as representatives,
Of the miners. were and are ready and
willing to enter into negotiations with
out reservations to reach an agree
ment.
AT this time our government inter
]ected itself and applied for an in
junction.
"a temporary restraining order was
granted b. Federal judge which re-
strains the officials Of the miners from
m any way advising their membership
OF the moneys Of the mine workers to
he assistance of the men on strike;
also restraining them from discussing,
writing or entering into any kind of a
conversation with their membership on
the strike situation.
Invasion of Rights Charged
The government then proceeded
further to invade the rights of the
miners, not only by restraining the
miners, their officers and members,
from fur.hering the purposes for
Vhlch the men contendcd Sbut went
20 further lengths of demanding from
the court an order commanding the
ofhcers Of TIE miners union to recall
and withdraw the strike notification.
ana the court complacently complied
and issued the order.
Never In the history of our coun-
fry has any such a mandatory order
geen obtained or even applied for bv
me government or by any person, com
)any or corporation.
Both the restraining order and the
injunction, in so far as its prohibitorv
eatures are concerned, are predicatea
upon the Lever act, a law enacted bv
~ohgTes. Tor the purpose of preventing
9pecuiation and profteering in the food
ND fuel supp les of the country. There
necer wa i'll the minds OF the Congress
enactlng that law. or in the mind of
ne Pres dent when he signed it. tnat
ne Lever act would be applied to work
~'2Is IN cases of strikes or lock-outs
lie food controller, Mr. Hoover. spe-
cliicaiiy 20 stated. Members Of the
cor. m iftee having the bill in charge
nave in writing declared it was not in
me minds of the committee, and the
hen Attorney General, Mr.. Gregory
gave assurance that the government
would not apply that law to the work
ers enort to obtain improved working
conditions. s
Government Authority Claimed
Every assurance from the highest
authority of our government was given
mat the law would not be so applied.
In the cours. of President Wilson's
address to the Buffalo convention of
the American Federation OF Labor. No
vember, 1917, among other things he
said:
While we are fighting for freedom
we must see among other things
that labor is free, and that means
NUMBER OF interesting things
1t means not only that we must do
what we have declared our purpose 10
90 see that the conditions of labor
are not rendered more onerous by the
war but also that we shall see to it
that the instrumentalities By which the
conditions of labor are improved are
not blocked or checked That we must
40.
The autocratic action of our govern
ment in these proceedings is Of such a
nature that it staegers the human
mind In free country to conceive
OF government applying for and OBJ
tanning restraining order prohibiting
the officials of a labor organization
rom contributing their own money for
the purpose of procuring fo ID for
women and children that might be
starving IS something that when known
VIII shock the sensiblities of men and
Will cause resentment. Surely the thou
sands Of men who are lying in France
under the soil. whose blood was offered
for the freedom of the world, never
Dreamed that so shortly afterward in
their own country $50 600 workers en-
deavorlng to better their working con.
ditlons would have the government de-
eide they were not entitled to the as
sistance of their fellow men and that
their wives and children should starye
by order Of the government
Legality of Writ Questioned
"It is q we'll established principle
thst the inherent purpose of the in
Junction processes, where there is no
other adequate remedy at law, was for
the purpose Of protecting property and
property rights only. thereby exercis-
lHH the aOuitv pOyar Of tha co,~+.