The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-10-30
Attitude UPON
EVE Of STRIKE 5
OFFICIALLY SHOWN

VI IlUlHLLl UuUUN
WASHINGTON, Oct, 3o.-Ths posi-
ton OF the United States government
IN the impending strike Of soft coal
miners was announced Officially In 4
statement issued here last night by At
torney.General Palmer as follows:
There can be no doubt that the gov
ernmsnt has the power, y The public
projected strike Of the bituminous coal
miners, without infringing upon the
recognized right Of men IN n line Of
industry to work when they please and
quit work when they please. The lille
gality q this Strike can and win be
ing the general right 70 strike, and the
general right TO strikA IL not in issue
IN any sense whatever In the present
situation. This is true because the cir
~eumstances differentiate this case from
the case Of Y other strike that has
does not follow that every strike Is
lawful merely because the right 70
strike Is recognised 70 exist. Every
and be governed by its own facts.
Els statement NH Iast SATURDAY that tS's such
. strike IN such circumstances ls not
only unjustitiable, but unlawful, refer
enee was had only to the conditions in
the impending situation.
Violation Of Law,
The proposed strike was ordered IN
asd @snasf' effect iSr = ws ReIp'tt AXE: sn0 to ssts !
put IL outside the pale Of the law.
After the war began the production OF
fuel was regarded 40 one Of the sub
ieets Of such peculiar public lmportanqs
as to justify . special statutory enact
created to supervise the subject, and
matters of wages as well as prices were
considered and sanctioned by the fuel
administration. After the cessation Of
hostilitles the fuel administration sus,
pended certain Of its orders but diS net
terminate them. and they are subject
to reinstatement At any time upon the
presidents order, ana the statute un,
der. which the orders were made Is still
with this situation existing, the con.
yention Of United Nine WORKERS p
Cleveland, last September, decided TO
took the unprecedented step Of deeid-
ing in advance Of any opportunity Tor
consultation, either With the govern.
ment or with the coal operators, 10
strike on Nov. !, unless, satisfactory
ny arrangements should be made.
NANtFRoN attJ 5T 49,
workers themselves, the organization
promulgated a demand for a soGpeE
q five-day week, and authorised y
strike to be effective Nov, 1. before
the demands were even presented 70
wage agreement covered only . part
OF the coal fields, but the strike order
was sent broadcast 10 workers IN ether
fields where operators had been given
no opportunity to even consider de.
mands for Increased wages or decreased
hours All this has been done while
the miners In every field, through their
right Of collective bargaining, had en-
tered into a solemn contract with the
operators fixing wages. ana hours feE
a definite period, which has not yet
expired, The operators, upon the m
Willingness to negotiate ana srb!tratsl
providing the strike is deferred, while
the miners rejected the presidents re-
quest for arbitration as a means Of set
clement and refused to defer ~ strike
"Soms OF the wage contracts wsge
made with the sanction Of the fedora
government, operating through the fue
sdministration, to run during. the con
tinlation Of the war or until april !
1870. Many others, however, fun until
4 time still fpFthery without regard lol
the continuation OF the war,
War Still Is On.
"Whils it is perfectly plain that thu
war is still on and any contract Y
ming until its conclusion 10 still IN force
whatever weight may be given to IN
argument that the successful operator
q The war K n as is Z : s%pp pSsstfss s @hat eve
to Inc large number of such contract
which expire at a fixed date withou
regard for the war period. me arm
stice did not and the war 7 "
courts in many cases have held that IN
war emergency statues arS sta y
emergency contracts, The congress ha,
held to this position so late as Oct. y
when an act OF congress was approves
making even more effective the 1905
and fuel control act. o4an =,
1.-THE suspension OF the resttlctlons Z,
to the price OF coal is not necessary.
narmantnt and conditions warrant 2 re
naval eli these restrictions. at this time
a nd Vet the government, II II relnstate
me order fixing q maximum price
would be absolutely helpless 70 protee
the people against eNorpltans gtiGes ds =
The prodgst y tns S9 new be- aeliberatel,
breken. This does not mean that
change could not be negotiated, an
either agreed upon or arpitfaieo,
nroner protection Of the public pc &C
corded in the settlement. but u ace
mean that the public welfare u u
ss me pArnanent interest to be serve
~ both parties. The government - IN
public welfare. xs "a i.
leciesi conclusion, will paralyIe trahs
portation and industry wau dpf ~
,anaLtnr no complaint about their en-
,~icsnrent ar their right to earn a live
hhood for themselves and their faml
iiss will put cities In darkness, ana, /
Continued only for a few Gays WI
bring cold and hunger VI mtnsns Z
e n people; IL continued for 2 menth J
Win leave death and starvation IN ~
wpake II would be a more deadly attael
upon the life of the nation than an IN
vaAing army, 49,, ann
, troll act, congress has reeognissa VI
stances AZ maintaining production en-
: d%}Stributien OF the nAceSsarles 81 "
and has made It unlawful for any con
eeYtsd action, agreement er affahs
, nlent 10 be made by tive Of mot
, persons to limit the facnltlss eE uaHS
nor'e supply and Si%strthution Of fuel, 3
. tc aid or abst the doing, q Z ae
8 having this purpose or effect. Makln
E strike effective under the eHcqnl
Y stances which l have descrlpea aFao4ns
Q to such concerted action or affshss
s ment. aansr,
: ,nent 81 iustice to enforce this statqt,
e We hava enforced II In many cases. "
must continue to DIP 50 lFrespeetive
me persons involved in its violation.
name il vii, not be necessary 70 9!
forae II in this case. Indeed, am VS.
ins from many sources that large nun
. Mars Of the miners themselves &c u
! yuish 10 quit work, and viii not ao
n assured Of the protection 81 the 81,
srnrsent. OF which they properly ts
n I'll is probably unnecessary for me
70 say that such protection VIII ever
r. syssre be given, so that men may eAs
to eise their undoubted right OF eentlng1
L 10 work under such terms ana e9au
lions as they shall SCI, fit Ihs rs
m sEssent a situation which CHALLENGES u
re s,nrsmaoy OF the law, and every !,
I sssshfse OF the government VII
y hra,rht 20 bear to prevent the ha.lou
s. %sestey which would iHeNitanly resi-
n rom The cessation Of mining opsF
items.