Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1919-11-15

the Decision Against Legality of
Great Walkout
lndin> polls, Ind, Saturday.-Can-
collation. Of the strike order which
since midnight of October 81 has
Kept 100000 union bituminous min
crs out of the coal pits of the coun-
try was ordered by Judge A b. Andcr
son in tho federal district court here
today.
Violation of the wartime federal
Food and Fuel Control act, as allcs-
ed by the Attorney Generals Depart
mcnt was affirmed by the Judge who
said that the strike was not only IL
legal, but that under tho circumstan
ccs it approached rebellion
Unless the union leaders choose to
defy the CORTLAND there was no in
dication tonight OF any such intention
they can move only toward ending
the big walkout. The courts order
was SO worded that failure to cancel
the strike call or any affirmative
word or action tending to laid and
ahet' the continuance OF the strike
would make them yiolators of the in
junction and in contempt Of court.
T"n!gh'. therefore, tho union lead
crs are under orders to meet hero
Monday draw up II cancellation of
thc'strikc order, submit it for Judge
Andcrson's approval by ten a. NJ,
Tuesday and have notice Of it or tho
way TO all local and district unions
by six u. Nj. that day. kilograms sum
moning district presidents of the I'M
ion and members OF tho Executive
Board and tho Central Competitive
Field Scale Committee to meet here
tomorrow were sent out n few hours
after Judge Andcrson's sweeping man
date had been issued.
~ UNION OFFICIALS SILENT.
Union officials here would not com
ment upon tho court action.
mot Il word" said John III. Lewis
acting president of the big organiza-
ton, and his colleagues were even
less communicative. A shake OF tho
head, sometimes accompanied by
grim smile, was as far as they wish
ed to go towards Indicating what
they thought OF the situation.
c. B. Amcs, Assistant Attorney
the government also smiled, but moro
chcerfully than the union men, when
asked for comment, and said:-"The
decision speaks for ITSELF"
Attorneys for the union fought
losing fight from tho start Of tho pro
seedlings. First they moved postpone
mcnt for week, indicating that there
was chance for settlement of the
strike by that time Mr.. Ames OBJ
iected and tho court ordered the case
20 proceed.
The government introduced five af-
fidavits as evidence that the operat
ION OF the railroads was being inter
fcred with and that contracts be-
tween employers and miners had
been broken The defence responded
with its motion for dissolution of
the restraining order and arguments
followed.
PRESENTS GOVERNMENTS
CASE.
Although allowed an hour an a
half Judge Ames took only thirty
i've minutes in presenting the gov
ernment's case. He based his argu-
mcnt on President Wilson's denunci-
alton of the strike and said that
the structure Of the government was
endangered by the defendants vio-
tations Of the Fuel Control law.
From that point the proceedings
were hurried by Judge Anderson who
gave the attorneys for the defense lit
tie opportunity to go into legal points
which they tried to get into the re-
cord. IIe upheld in every particular
the contentious Of the government
that the strike was illegal under the
Lever Food and Fuel act and said
that the upholding of this act was
the only question before the Court.
AT one stage Judge Anderson indi
Gated that the right to strike was not
applicable to the case because none
OF the dcfcndr..., 20 the proceedings
was earning his living by working
as miner Tut he allowed the argu-
ment to proceed on the theory that
the union officials We're proper agents
OF the miners, carrying out orders
given by their principals.
Almost Immediately, however, the
Court threw tho discussion back to
the wartime powers of the Fuel and
Food Control law and advised the de
fence attorneys not to waste time by
arguing other questions. Judge An
dcrson next stif1cd this line of dc.
bate also by announcing fatty that
ne was going to hold the Lever act
constitutional and in effect until the
President of the United States form
ally DEGREES tho end o. the war.
"rhiS case" said the Judge, in is
suing the injunction, involves solely
the question Of enforcing khe law.
II is my absolute duty to uphold the
law. which no one man and no body
OF men has tho right to override
Were we to admit to even the slight
est degree a contrary right yc would
undermine the foundations of the
Republic.
"The government is right in seek
ing to uphold its own laws and ir