The herald and news. [volume] (Newberry S.C.) 1903-1937, 1919-10-31
HLECALITY OF MOVE
WILL BE ESTABLISHED
Attorney General Says Proposed
Strike of Coal Miners Will Be
Shown Beyond Pale of Law
Without Impairing Right to
Strike.

Strike.
! Washington, Oct. 29.-The govern
| ment will establish the "illegality' of
, the strike of coal miners without in
! any way impairing the general right
! to strike" as the general right to
strike is not an issue in any sense
whatever in the present situation" it
was declared in a statement issued to-
night after conference in the office
of Attorney General Palmer at
which he discussed the situation with
Secretary Wilson, Director General
Hines, Secretary Tun1ulty and Assist
ant Attorneys General Ames and
Garvan.
The statement, which it was said
fully represents the altitude of the
government, declared that the i'm
pending coal strike 'Fwas ordered in
a manner, for purpose and with a
necessary effect, which taken to-
gether, put it outside the pale of the
law"
The government will act in the
strike under the provisions of the
Lever food control act, enacted as a
war measure but still in force.
The position of the government in
the impending coal strike was an
nounced tonight by Attorney General
Palmer as follows:
s'There can be no doubt that the
government has the power in the pub
lie interest, under the law, to deal
with the projected strike Of the btu
minous coal miners, without infring
ing upon the recognized right Of men
in any line Of industry to work
where they please and quit work
when they please. The illegality of
this strike can and will be established
without in any way impairing the
general right to strike, and the gen.
eral right to strike is not an issue in
any sense whatever in the present
situation. This is true because the
circumstances differentiate this case
from the case Of any other strike that
has ever taken place in this country.
Every Strike Not Lawful.
cit does not follow that every
strike is lawful merely because the
right to strike is recognized to exist.
Every case must stand upon it's own
bottom and be governed by it's own
facts. Therefore when the president
said in his statement last Saturday
that such a strike in such circura-
stances is not only unjustifable but
unlawful reference was had only to
the conditions in the impending sltu-
alton.
"The proposed strike was ordered
in manner, for purpose and with
a necessary effect, which taken to-
gether, put it outside the pale Of the
law. After the war began, the pro-
duction of fuel was regarded as one
of the subjects to justify a special
statutory enactment. The fuel ad-
ministration was created to super
wise the subject and matters Of
wages as we'll as prices were con-
sidered and sanctioned by the fuel
administration. After the cessation
of hostilities the fuel administration
suspended certain of it's orders but
did not terminate them, and they are
subject to reinstatement at any time
upon the presidents order and the
statute under which the orders were
made is still in full force.
"With this situation existing the
convention of United Mine Workers
at Cleveland, last September, decided
to annul all wage contracts on No
vember l and took the unprecedented
step of deciding in advance of any
opportunity for consultation either
with the government or with the coal
operators, to strike on November l.
unless satisfactory new arrange
&C.,; t.S...s should Ee made