Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-10-29
WHAT MAKES / UNLAWFUL?

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WHAT MAKES IT UNLAWFUL?
In his announcement that all the powers of the gov
eminent would be invoked to prevent the closing of the
soft coal mines by the threatened strike of workmen.
President Wilson describes that proposed strike as not
only unjustifiable, but unlawful. What makes it unlaw-
full? Z ( 49, by,
The question Is a pertinent one, for it has a bearing
on the whole industrial situation and may affect every
strike, every labor dispute Of whatever nature, now or
at any other time.
Is the proposed strike unlawful because it is a strike,
because of the wide range and disastrous nature of it's
possible effects or because Of special conditions existing
in the present time and situation whose disappearance
will remove the element of Illegally from other strikes
called under other circumstances2-. -.
The presidents statement furnishes no very clear an
swer to these questions. 1t presents a group Of facts
which wilt appeal@to most people as constituting abund-
ant justification of the charge. of unjustifiableness but
the element of Illegally is not so clearly set forth. -:
We may dismiss at once any idea that the president
intends to maintain that a. strike il In itself illegal. WI
haveshad strikes in war times and in peace times. and no
attempt has beer. made to declare them illegal. Illegally,
If it exists, must depend on some special circumstances
affecting either the strikers or the, country for the time
being. -#-E E.5@. - :. .+s.ssNs2
While emphasis is, placed in the presidents statement
on the disastrous results OF this strike. If it.goes into ef-
feet, that cannot be the basis of the charge of illegalty.
The steel strike threatened the industries of the nation,
and. had 1t been as successful as its promoters hoped it
would, be, its results would have appropriated those
which might be expected to. flow from the coal: strike. Yet
it has, not been held that the steel strike is unlawful, al
though the president sought to avert it. The illegally,
therefore. does not appear to lie in the injury which the
public may sustain as the result of a strike. .ss,
Neither is the fact that we are still tech ideally at
war the sole governing element, for here, again. we have
the steel strike. and numbers Of other strikes, all Of which
have been carried into effect: during tho war. .onc >of
them while hostuttes were actually under way. i"
Evidently the distinctive feature in this case is that
which is set forth by the president in his statement that
Proposed to abrogate an agreement as to wages
which was made with :the sanction of the United,
States Fuel Administration, and which was to run
during. the continuance OF the war. but not beyond
April 1870. -#
The essence Of the subject is, therefore, apparently,
that while the coal industry was-as it still. remains
subject to the supervision Of the government because Of
war conditions, the miners entered into an agreement with
reference to wages and conditions which agreement they
now, propose to violate and this violation. constitutes a
violation Of law. Ga4.&: u.s.. &s-.
This feature: is important: in: that the remedy which
can be applied: to undesirable conditions is local, partial
and temporary, and Is dependent on circumstances which
cannot prevail under the normal life OF the nation. There
remains the need TOR the assetion Of the. right Of the ma
ton to protect itself against the operation of forces which
would destroy or-injure IT, regardless Of the existence of
war conditions. and regardless Of any compacts which
have been made among individuals.
#zl --------- -
We recall that in = good many quarters President
Roosevelt was rouadly denounced for his ofhciousness in
compelling . settlement Of. the anthrae.te coal strike.
A little omciousness Of the same sort Just now would be
acceptable. .
= negotiable instrument Maybe It is. But we have known
. man to so to Jail for writing a check, and it wasn't even
post-dated. It seems to depend something on the check,
and the man. and whether or not the man has any money
In the bank
It ought = Is the easiest thing in the world for
rowniey to legsiats unsatisfactory state omciaIs out Of
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