Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-10-30
MPENDING COAL
STRIKE OUTSIDE
ALE OF THE LAW
EMINENT SAYS
Statement Issued Declares
a WaIkout Is Illegal Under
Action of Miners in Ordering
Circumstances,
WORKERS NOT ALLOWED
TO GIVE THEIR VIEWS
Organization Has Taken Mat
terS Into Its Own Hands
and Acted Without Consult
ing Workers, Is Claim

ray MORNING JouRNAG hPkClAI LENsLp "lNEl
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 in issue in any sense
whatever in the present situation. It
was declared in a statement Issued
tonight after a conference in the Oh
flee of Attorney General Palmer. at
which he discussed the situation with
Secretary Wilson, Director General
Hines, Secretary Tumulty and Assist
ant Attorneys General Ames AMI
Garman.
The statement, which, it was said.
fully represents the attitude of the
government, declared that the inn
pending strike was ordered in
manner, for n purpose, and with
necessary effect, which taken to-
gether, put it outside the pale Of the
law"
The government will act in tho
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 fOIioWS.
Government Has Power to Act.
"There can be no doubt that the
government has the power in the
public interest, under the law. to deal
with the projected strike of the
bituminous coal miners. without in
fringing upon the recognized right OF
men in any line Of industry to work
when they please and quit work when
they please The illegality of this
strike can and viii be established
without in any way impairing the
general right to strike. and the gen.
eral right to strike is not in 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 the country.
1t does not follow that every strike
is lawful merely because the right 10
strike is recognized to exist. Every
case must stand upon its own bottom
and be governed by its own facts.
Therefore, when the president said in
his statement last Saturday that such
a strike in such circumstances is not
only unjustifiable but unlawful, lef-
erence was had only to the conditions
in the impending situation.
Covered by Special Law.
1.-The proposed strike was ordered
in manner. for purpose and with
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 of such peculiar pub
lie importance as to Justify a special
statutory enactment. The fuel admin
istration vas created to supervise tho
subject and matters of wages as well
as prices were considered and sane
toned BY the fuel administration.
After the cessation of hostilities the
fuel administration suspended certain
of its orders, but did not terminate
them, and they are subject to rein-
statement at any time upon the presi-
dents order and the statute under
which the orders were made is still in
fun force.
With this. situation existing, the
convention of the United Mine Work
ers at Cleveland last September, de-
cided to annul all wage contracts on
November / and took the unpreee-
dented step of deciding in advance
OF any opportunity for consultation
either with the government or with
the coal operators, to strike on No
vember /, unless satisfactory new ar
should be made,
Agreement for Definite Period.
Without any expression from the
workers themselves, the organization
a demand for sixty per
cent increase in wages, a siX-hour day
and a five day week and authorized g.
strike to be effective November /, be-
fore the demands were even presented
to the operators. The demand for u
new wage agreement covered only a
part of the coal fields, but the strike
order was sent broadcast to workers
in other fields where operators had
been given no opportunity to even
demands fer increased wages
or decreased hours. All this has been
done while the miners in every field,
through their right OF collective bar
gaining, had entered into solemn
contract with the operators, fixing
wages and hours for a definite period
which has not yet expired. The ope-
rators upon the inslstence of the pres
Ident, indicated their willingness to
negotiate and arbitrate providing the
strike is deferred, while the miners
rejected the presidents request for
arbitration as means of settlement
and refused to defer the strike.
Some of the wage contracts were
made with the sanction of the federal
government operating through the
,uel administration, to run during the
of the war or until April
!, 1920. MANY others, however, run
until time still in the future without
regard for the continuation of the
war. 8st
while II is perfectlv ,,lain that the