The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1919-10-31
RESTRAINING ORD| )
ISSUED BY COU|5
Temporary Rule by Judge 49,
derson Upon Officials OF
United Mine
Workers.
ORDERED NOT TO STRIKE
Assistant Attorney General Brings
Proceedings In indianapolis
Court, But Strike Is Not
Prevented.
ORDERED NOT TO STRIKE

UNITED Press Leased Wire Service ]
INDIANAPOLIS, Ind, Oct. 31.-A
temporary restraining order prevent
ing eighty-four officials of the United
Mine Workers OF America from carry
ing on the scheduled strike of bitum-
inous coal miners, was issued here
today by Judge A. B. Anderson, Of
the United States district court
The order restrains union officials
from:
Ordering the strike.
Issuing instructions to union
members to continue the strike.
Paying strike dement's from
union funds.
The order was issued at the re-
quest of the special assistant United
States attorney general, A. B. Ames.
1t was based on two war time acts
of congress.
First-The Lever act, which pre-
vents restriction of the supply Of
food or fuel during the war.
Second-The act under which the
United States government took ovor
control of the railroads.
It was also based on the broad
power Of the government TO protect
its citizens in time of threatened
disaster"
Judge Anderson set November as
the date for hearing on temper
ary injunction.
In asking the restraining order,
Ames several times pointed out that
the action in no way involves the
right Of workers to strike.
"T'his is a special action, brought
under laws passed for the purpose
of winning the war; he declared.
These laws specifically state they
are to continue in force until the ter
mination of the war by proclamation
of the president"
Judge Anderson mace only two
comments during the starement. They
were significant.
1T looks like the government is
in a position to bring this suit" the
Judge stated when Ames explained
the law under which government
.operation of railroads was per,
mitted.
At another point Judge Anderson
asked regarding penalties under the
Lever act.
There are penalties, but the gov
ernment believes that II action was
taken in a criminal court, 1t would
not fully protect the people from
Irreparable injury" Judge Ander-
son added.
In the petition for the restraining
order, the government declaring
that the railroad administration had
I837 contracts with bftuminous coal
mine operators to furnish 3S7, 900 tons
of coal day.
"If the strike becomes effective"
the petition continues, 1T will be
impossible for the railroads to pro
cure a supply of coal; the operating
revenues of the roads will be re-
duced and the financial guarantees
made by the government to railroad
owners will have to be met out OF
public funds.
at will be impossible to carry
mail; transport of army units and
commerce will be paralyzed and in
dustry will be brought 70 stand
still, causing widespread suffering
throughout the country"
The petition alleged violation oi
the Lever act, in that the defendants
"conspired, combined, agreed and
| arranged against public policy" tc
restrict the supply of coal.
/ Judge Ames digressed from his
prepared copy of the petition to ex
plain to Judge Anderson that the
wage negotiations carried on by the
miners union were "for the centra
competitive field only" while the
strike was called for tho nation as g
whole.
The petition went into the history
of the wage negotiations. 1t con
tended that the present contract be
tween miners and mine operators
"entered into with the sanction o
the United States fuel administration
was to extend for the duration %
the war" and is still in effect.
Immediately after being Informed
Of the injunction, an executive boart
meeting Of the union was called b,
Acting President John L. Lewis.
An announcement OF the uniol
policy in view of the order was ex
pected Immediately after the meet
ing.
AS Judge Anderson signed the rc