The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-11-01

these and with the men who under the
complete protection to be furnished Will
desert the union the Government Is
counting on being able to supply at least
the vital needs for coal.
Criminal Clauses Not Invoked.
Thus while the right Of the unions TO
tie up the industry of the nation is being
tested In court their ability to do 30 In
the face of public sentiment will be
tried out on the field Of industrial bat
tie.
The Government Is not proceeding I'M
der the criminal clauses OF the Lever
act. These, as Mr.. Ames expressed IT,
provide adequate punishment for the vio-
lations of law and the ruptures of con-
tract which he alleges against the United
Mine Workers. But, he explained to
Judge Anderson, they will not suffice to
prevent the strike or to help break It.
once Il Is under way. Unofficially 1t Is
presumed that the milder method OF civil
injunction has been followed, not only
because Of it's superior efficacy, backed
as 1t Is with jail punishment for con-
tempt of the courts order. but also be-
cause 1t is not sought to provoke reac-
| ton by the more severe and slower
methods of Indictment and trial on n
| criminal charge.
At the conclusion of Mr.. Ames's pre-
sentation of his bill Judge Anderson
asked only two questions-why the pro-
ceeding was made criminal and under
what ruling the United States appeared
as a party to the complaint. -
1--WE have shown" said Mr.. Ames In
response to the latter question. that the
United States is directly and pecuniarily
| involved. II the railroads, unable to get
coal under their contracts which these
L. HVNat rnN
coal and cannot operate, the deficit be-
tween their average return under private
ownership and the return on the reduced
scale Of operations which the defendants
propose to enforcg must come from
the Treasury and from taxes.
TT Is further clearly recognized In the
Debs case and in the Allen case that the
United States has a right to come into a
court of equity to seek its protection IN
the enforcement of it's own laws"
The Allen case, he explained, estab
, ljshed the right of the United States t.
/, intervene in Indian land cases where TIT
Indians themselves could not act.
Mr.. Amee arrived here this morning
and went Immediately 10 Judge Ander
sons chambers in the Federal Building
| There. in the Judges chambers crowde'
by a score Of persons he read tn
bill which committed the Government
face of new conditions.
5 Court signs Order at once.
i. At the conclusion of his argumen
= and after he had answered Judge Anser
= sons questions the latter said:
9 II will sign the order you have pre-
= pared
g After naming eighty-four of the ma
[ tional officers Of the mine workers. tn
= members of the executive committee, o
( tho scale committee and the local presi
= DENTS, the order commands thos
s named
Both individually and in their rep
n resentative capacities as officers of tn
9 International Union Of United Min
o Workers of America, or as members o
- said organization, or any Of Its distric
= or local unions, or any committee there
n of. and all persons combining, conspir
l. ing agreeing or arranging with then
y and all other persons whomsoever. nc
If to issue any messages that the strike c
h the miners and mine workers In the b
II luminous coal fields of the United State
heretofore ordered by the said defend
1t ants. or some of them, to take effect 6
Is midnight on October 81, 1919, Is to
IN enforced as previously announced {
RI otherwise, and to desist and refra
from doing any further act whatsoev'
a to bring about or continue in effect u
s. above described strike and cessatic
IN from work on the part of the mine
al and mine workers in the bitumino,
10 mines, from issuing any further stril
e orders to local unions and members
u local unions or to district unions for Il
purpose of keeping such strike in e
feet or for the purpose of supportiI
such strike by bringing about or mai
r. aiming any other strikes"
Ut The order also enjoins the men "fro
ms issuing any instruction, written or or
Ike
on