Evening star., 1919-11-09
Follow Only Course
Left to Them by
Federal Court.
REFUSAL WOULD
MEAN "CONTEMPT"
Order Calling OFF Tie
Up Must Be Given by
6 PM. Tuesday.

Union leaders were tonight pursuing
the only course left open to them by
the strict wording of Judge A. B. An
derson.s edict today ordering cancel
lation of the coal strike by O'Clock
next Tuesday night. when they sum-
noned all of the district presidents OF
the union, members of the executive
hoard of the United Mine Workers and
the central competitive field scale COM
mittee to meet here Monday to draw up
a cancellation of the strike.
They could have moved only toward
ending the walkout, as the federal dis
trict courts order was SO construed that
failure to end the strike would make
them subject to prosecution. Judge An
Gerson empha sized that any failure to
bring a halt to the strike or any af1irma-
tive word or action tending to laid or
abet' the continuance Of the strike would
render them as violators and in con-
tempt Of court.
Violation of Wartime Act.
Judge Anderson upheld the theory
Of the Attorney Generals department
that cessation OF mine operations was
in violation of the wartime food and
fuel control act. He maintained that
the strike was not only illegal. but
that under the circumstances it ap-
preached rebellion. The strike started
at midnight of October 81 ard since
that time 100000 miners have been
idle.
Union officials here would not COM
ment upon the court action.
"Not a word" said John L. Lewis,
acting president OF the big organixa.
ton, and his colleagues were even less
communicative. A shake Of the head,
sometimes accompanied by grim
smile, was as far as they wished to
go toward indicating what they thought
of the situation.
c. B. Ames. assistant attorney gen.
eral, who conducted the case for the
government, also smiled, but more
asked for comment. and said:
Fought Losing Fight From Start.
THE decision speaks for itself"
Attorneys for the union fought a
losing fight from the start of the pro-
ceedings. First they moved postpone
ment for a week, indicating that
there was a chance for settlement of
the strike by that time. Mr.. Ames
objected to postponement and the
ardarad IN
Then the government introduced
five affidavits as evidence that the
operation of the railroads was being
, interfered with and that contracts
between employers and miners had
been broken. The defense responded
with it's motion for dissolution of the
restraining order and arguments fol-
lowed.
Although allowed an hour and a
half, Judge Ames took only thirty
five minutes in presenting the gov
ernment case. He based his argument
upon President Wilson's denunciation
of the strike and said that the struc-
ture of the government was endan-
gered by the defendants violations of
the fuel control law.
From that point the proceedings
were hurried by Judge Anderson, who
gave the attorneys for the defense
little opportunity to go into legal
points which they tried to get into the
record. He 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 he indicated that the
right to strike was not applicable to
the case. because none OF the defend
ants to the proceedings was earning
his living by working as a miner, but
he allowed the argument to proceed
on the theory that the union officials
were proper agents of the miners,
carrying out orders given by their
principals.