Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-11-08
LEGAL BATTLE IN
COAL STRIKE DUE
To BEGIN TODAY
At |NDIANAP Oils
Attorneys for the Government
Say They Are Prepared to
Garry Out Their Program
Against Striking Miners,
WILL MAKE NO EFFORT
TO GET A CONTINUANCE
Diggers' Legal Pilots viii Not
Ask for a Delay If They
Lose viii Request a MOdifi-
cation of the Order.

Indianapolis, Ind, Nov. There
was no indication here tonight that
an effort would be made to have in
junction proceedings against the
striking coal miners, Sc. for hearing
tomorrow morning in federal court,
postponed. and attorneys for the gov
ernment declared they were prepared
to carry out their program.
Attorneys for the miners tonight
stated they would make no effort to
secure a continuance of the hearing
but that if their efforts failed to Sc
cure a dismissal of the case they
would ask for a modification of the
injunction to allow use of the strike
benefit fund
Officials of the United Mine Work
ers of America at international head
quarters here refused to discuss the
court action or the possibility of set
Ting the strike outside of the courts.
John l.. Lewis, acting president of
the organization, when asked tonight
about the report that Samuel Comp
ers president of the American Fed
GRAFTON of Labor. had communicated
with him concerning his conferences
with Attorney General Palmer today
would only reply that he had nothing
to say.
When the injunction proceedings
come up in court, it is expected the
first argument will be OH The miners
motion for dismissal of the govern
ments petition for injunction. This
motion attacks the governments right
TO interfere in the strike situation and
declares that President Wilson ex-
ceeded his authority in re-establish-
ing the national fuel administration.
If this motion is overruled by the
court the governments petition for a
temporary Injunction to preyest mine
workers leaders 2ar1 paf'tc .@s+s.-Js
" the conduct II taR Like val be
argued. This petition. in addition to
asking that the present restraining
order be made temporary injunc-
tion, asks for a court order to com
pei the miners head to withdraw
their strike call.
1t was pointed out today that al
though the governments petition
asks only for a temporary injunction
at this time, Judge Anderson may, if
he thinks advisable. make the in
junction permanent.
Predicament of Union Chiefs,
In their defense against that part
of the governments prayer for a
mandatory order 20 resc.nd the
SlTlhb, the IlllHtTS, l. Is uIutGSlOON,
will bring up the question of whether
or not the union officials can call off
the strike if ordered bv the court.
The miners have contended at all
times since the strike call was issued
that as the walkout was ordered by
the Cleveland convention they were
powerless to arrest it and that only
another session of the convention
could authorize the miners to return
to work. The unions lawyers also
will invoke the Clayton law of 1914,
which. they say. prevents interference
in any disputes between employers
and employees on wages.
Two points to be pressed by the
government are that the Lever law
for the control of, fuel is in effect,
despite the miners contention that *
would not apply because the war had
ceased progressively, and that since
the railroads are guaranteed a cer-
tain income by the government, the
United States would be forced to pay
the railroads in excess of the amount
necessary if operation were continued
as usual. The latter point presents
the question of property right and in
jury which is said to be necessary to
secure the restraining order.