The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1919-11-12
Judge Declares Coal Strike No1
Only Illegal But That It
Approaches Rebellion
LABOR LEADERS ORDER
ED TO CANCEL CALL
Tuesday Named as Day For
Withdrawing Order Which
Caused Miners to Walk Out

Indianapolis, Nov. S.-Cancellation
OF the strike order which since mid
night of October 81 has kept 100000
union biturninouS miners out Of the
coal pits Of the country, was ordered
by Judge A. B. Anderson in the fed
eral district court here today.
Violation of the wartime federal
food and fuel control act, as alleged
by the Attorney Generals department.
was affirmed by the court, who said
that the strike was not only illegal
but that under the circumstances 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 toward ending
the big walkous The courts order
was so worded that failure to cancel
the strike call or any affirmative
word or action tending to laid and
abet" the continuance Of the strike
would make them violaters of the in
junction and in contempt Of court.
Tonight, therefore; the union lead
ers are under orders to meet here
Monday, draw up a cancellation OF
the strike order, submit it for Judge
Anderson's approval by 10 a. III. Tues
day, and have notice Of it on the way
to all local and district unions by s
p. m. that day. kilograms summon
ing district presidents of the union
and members of the executive board
and the central competitive field scale
committee to meet here Monday were
dispatched few hours after Judge
Anderson's sweeping mandate had
beer issued.
Union officials here would not COM
ment upon the court action.
s'Not word" said John L. Lewis.
acting president Of the big organiza-
ticn, and his colleagues were even less
communicative. A shake of the head,
sometimes accompanied by grim
smile, was as far as they wished to
so toward indicating what they
thought of the situation.
C. 3. Anes, assistant attorney gem
eral, who conducted the case for the
government, also smiled, but. moro
cheerfully than the union men, when
asked for comment. and said:
'The decision speaks for itself
Attorneys fo:' the union fought q
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 OBJ
jected to postp3nement and the court
ordered the case to proceed.
Then the government introduced
five affidavjts 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 orde:' and arguments fol-
lowed.
Although allowed an hour and a
half, Judge Anes took only thirty
five minutes in representing the gov
ernment case. He based his argument
upon President Wilson's denunciation
of the strike aud 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
We're hurried by Judge Anderson, VINO
gave the attorneys for the defense lit
tie opportunity to go into legal points
which they tried to get into the rec
ord. He upl1e!<l in every particular
the contentious Of the government
that the strike was illegal under the
Lever food and fuel act and said that
the upholdins u. this act was the only
questions before the court.
At one stage he indicated that the
right to strike was not applicable to
the case because more of the defen-
dants to the proceedings were earning
lis living by working Is a miner, but
he allowed the argument to proceed
en- the theory that the union officials
were 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 o. the fuel and
food control law and advised the de-
fense attorneys not to waste time By
arguing other questions.
Judge Anderson next sti3ed this line
Of debate also by announcing fatty
that he was going to hold the Lever
oct constitutional and in effect until
'hc President os the United States for
a,allv dccrecs the end Of the war.
This case" hn said. in issuing the
n junction. involves solely the ques-
ticn Of enforcing the law. 1t is my
l',aolute duty to uphold the law which
20 one man ana no body Of men has
i,,e right to override. Were we to
admit TO even tie slightest degree a
~rntraIv right. We would undermine
10 foundations Lf the republic
The government is right IN seeking
20 uphold it's OWN laws and in ask
:,,~ its courts To- aid it. These mon
hive done an illegal act from which
irreparable injury results to the COM