The county record. [volume] (Kingstree, S.C.) 1885-1975, 1919-11-13
COURT UPHOLDS
THE GOVERNMENT
AND ORDERS STRIKE LEADERS
TO CANCEL ORDER WHICH
CAUSED MINERS TO QUIT

of the strike order which since mid
night of October 81 has Kept 100000
union bitiminous miners out of the
coal pits of the country, was ordered
by Judge A. B. Anderson in the fed
eral district court of indianapolis, Ind
Saturday.
'eViolation of the wartime federal
food and fuel control act, as alleged
by the Attorney Generals depart
ment, was affirmed by the court, who
said that the strike was not only il
legal, but that under the circum-
stances it approached rebellion.
Unless the union leaders choose to
defy the court-and there was no in
dication tonight of any Such intention
they can move only towards end
ing the big walkout The courts or
der was so worded that failure to
cancel the strike call, OF any affirma-
tive word or action tending to "aid
and abet" the continuance of the
strike would make them violators Of
the injunction and in contempt of
court.
C. B. Ames, Assistant Attorney
General, who conducted the case for
the government, when asked for COM
ment, and said:
"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
object to postponement and the
court ordered the case to proceed.
Then the government introduced
five affidavits as evidence that the
operation Of the railroads was being
interferred with and that contracts
between employers and miners had
been broken. The defense responded
with its 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 govern
ment 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 de-
tense little opportunity to go into le-
gal points which they tried to get in
to the record. He upheld in every par
ticular the contentious of the govern
ment that the strike was illegal un-
der the Lever food and fuel act and
said that the upholding of this act
was the only questions before the
court.
At one stage he declared that the
right to strike was not applicable to
the case because none of the defen-
dants to the proceedings was earning
his living by working as miner, but
he allowed the argument to proceed
on the theory that the union officials
We're proper agents of the miners,
carrying out orders given by their
principals.
Almost Immediately, however, the
court threw the discussion back to
the wartime powers OF the fuel and
food control law and advised the de-
tense attorneys not to waste time by
arguing questions.
Judge Anderson next stifed this
line of debate also by announcing flat
ly that he was going to hold the Lev
er act constitutional, and in effect un-
l.. the President of the United States
formally DEGREES the end of the war.
"This case he said, in issuing the
injunction, involves solely the ques-
ton of enforcing the law. 1t is my
absolute duty to uphold the law which
10 one man and nobody of men has
the right to override. Were we to
admit to even the slightest degree a
contrary right We would undermine
the foundation of the republic.
"The government is right in seeking
to uphold its own laws and in ask
ing it's courts to aid it. These men
have done an illegal act from which
irreparable injury results to the COM
plaintant."
The injunction, prepared by the At
torney Generals Department in
Washington, repeated the restraining
order of October 81 which forbade the
;rcr;no. of ony poeSSapeS oral or writ