Arizona republican., 1919-11-08
SIDES ARE
READY To WAGE
WAR IN COURT
Federal Attorneys Anxious
to Continue Injunction
Proceedings Today -
Miners Seek Use of Strike
Benefit Fund # Dismissal
Motion Is Lost
TRepubIIcan A. p. leased wirel

[Republicsn A. p. Leased Wirel
INDIANAPOLIS, Nov. There
was no indication here tonight that
an effort would be made to have
injunction proceedings against
the striking coal miners set for
hearing tomorrow morning in fed
eral court, postponed, and attor-
neys for the government 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 secure
dismissal of the case, they would ask
for modification of the injunction to
allow use OF the strike benefit fund.
Union Officials Silent
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 Gompers
president of the American Federation
of Labor. had communicated with him
diAAAO0ANAnH Will
General Palmer today, would only only
reply that he had nothing to say
When the injunction proceedings came
up in court, it is expected the first
argument will be on the miners mo-
ton for dismissal of the govern
ment's 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.
/ II this motion is overruled by tht
court, the governments petition for g
temporary injunction to prevent mine
workers leaders from participating il
the conducting Of the strike will be
argued. This petition, in addition tc
asking THAI. the present restraining or
| der be made temporary Injunction
asks for a court order to compel ths
miners heads to withdraw their strike
call.
! 1t was pointed out today that, al
though the governments petition asks
for only temporary injunction at thi.
time, Judge Anderson may, if ht
thinks advisable, make the Injunction
permanent.
/ Question Power to Call Off Strike
In their defense against that part o.
the governments prayer for a man.
datory order to rescind the strike, thu
miners, it is understood, will bring VI
/ the question of whether or not tn,
union officials can call off the strik,
/ if ordered by the court. The miner,
have contended at all times since tn,
strike call was issued that. as tn,
walkout was ordered bv the CLEVELAND
convention, they were powerless to ar,
rest it, and that only another session
of the convention could authorize tn,
miners to return to work. The union.
lawyers also will invoke the ClaytoI
law of 1914 which, they say, preventl
interference in any disputes between
employers and employees on wages.
Two points to be pressed by thl
government are the Lever law for th
control of fuel is in effect, despite tn,
miners contention that it would no
apply because the war had cease,
progressively" and that since the rail
roads are guaranteed a certain incom
by the government, the United State
would be forced TO pay the railroad
in excess of the amount necessary
operation were continued as usual.
The latter point presents the ques
tion Of property right and injury
which is said to be necessary to secur
the restraining orde~