The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-11-08
Contempt of Court Will Be
Charged IF Miners Disobey
Injunction Granted, the Court
Holding Lever Act in Force
Until Peace Is Declared.
BREAK BACKBONE STRIKES
Government to Use Strong
Arm in Event of Future
Walk Outs.

Indianapolis, Nov. S.-The tempo.
rary injunction restraining the min.
ers' officials from furthering tho
strike, In which Is embodied the strike
recall, became effective when issued
by Judge Anderson at 1925 pm. to-
day. The temporary injunction names
each and every official named in the
restraining order issued last week
and 1t was on the plea of the miners
attorneys that these men could not
be summoned to indianapolis. head
quarters of the United Mine Workers
of America, before Monday that the
court set Tuesday at pm. as the
hour the strike recall must be on its
way to every local.
Judge Anderson, In granting the
Injunction. held that the Lever food
and fuel control act, under which the
government brought the proceedings.
was valid and would continue in
force until such time as the president
of the United States issues a procla-
nation declaring peace.
When asked by Attorney Warrum
If the operators were not guilty of
violation of the Lever law, inasmuch
as they had refused to negotiate a
wage scale under which coal could
be mined, Judge Anderson replied
that he was taking zone case at
time" but indicated he would enjoin
operators II that was necessary to
prevent violation of the Lever act.
Attorney Warrum said: "Judg9
Evans has held that the war powers
Of the Lever act have expired and"
But l do not agree with Judge
Evans" said Judge Anderson. "Con-
gress had the right to say, and did
| say, that the Lever act should remain
In force until a definite thing was
done. That has not been done. So
| hold that the Lever act Is still In
force.
II hold also that stopping work in
| coal mines restricts the production OF
fuel.
II am going to hold that even two
miners who work with their hands
may not legally conspire to stop pro-
duction of coal"
The court also upheld the assertion
of the government that the Clayton
act did not apply to this case.
| The discussion swung to the oper-
ators attitude and the judge re-
marked they were not in court: that
he had only one side to the. contro-
yersy before him.
"But bring them in," he said. "
will be willing to ehjoin their illegal
acts ALSO"
The war condition of the Lever act
and the status OF men in service came
up, leading Mr.. Warrum to say:
This Ia a case in equity, not a
court martial"
| Il don't understand that remark.
but l concede the fact" said Judge
Anderson.
Further attempts to bring in the
right of employees to quit work singly
| or in a body met with equal obstruc-
ton from the court.
| when congress passed the Lever
bill 1t made unlawful any conspiracy
tending to decrease coal production.
That Is the law and that ends it,"
Mr.! Warrum sat down and Judge
Anderson started discussion of the
Debs railroad case. He pointed out
that the supreme court of the United
States held the government had the
right to get an injunction preventing
a railroad tie-up.
Contempt Of Court Next.
Washington, Nov. e.-contempt OF
court proceedings will follow if the
injunction granted in indianapolis is
not obeyed, Il was stated at the de-
department Of justice this afternoon.
Government officials here saw in
the decision of Judge Anderson what
they termed breaking the backbone"
of strikes ard threatened strikes
throughout the country. They felt
that leaders of the four railroad
brotherhoods and the machinists
union, who have threatened to strike
If the antistrike section of the Cum
minis bill now before congress is en-
acted into law, will hesitate before
issuing a strike call, fearing that the
government will take action similar
to that instituted against the United
Mine Workers.
That the government is determined
to bring about industrial peace is
shown by the action III the federal
court here and attaches of the United
States district attorneys Office are
confident the government will not
hesitate to take similar action In
| threatened strikes in the future.
Some believe that had the govern
ment obtained an injunction the steel
strike would never have been as
broad as 1t was, and had an injunc-
ton been granted sooner than it was
here. that few of the miners would
have walked out.