Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-11-18
LEVER ACT MAY Be
INVOKED AGAINST
MINE OPERATORS
U. S. Agencies Probe Charges
of Profiteering, Cut in Pro-
duction, Recrimination.
BY DAVID LAWRENCE.

rule the conference of coal miners and
operators is no exception. But while
negotiations are proceeding here be-
tween the representatives of both
Sides disquieting reports have come
from various sections of the country
tending to show that ill-feeling,
recrimination and much misunder-
standing exists about resumption of
work in the mines. Employees are
charging that the operators are prof
iteering and curtailing production or
that they are attempting to penaliZe
men who went out on strikes by re-
fusing to take them back.
Investigating Situation.
Labor and Justice-are busily at
work investigating the sources of dis
content. One case-Alabama-fllus
trates the perplexities of the situa-
ton. From the complaints made by
both sides. the impression that the
Department of Justice seems to have
is that the mine operators rewarded
the non-union men who stayed at
their posts when the strike came by
giving them promotions. The union
men on returning to work after the
strike order was rescinded were told
they could have work, but evidently
have not been given the preferred jobs
which they once held.
But at the Department of Labor the
inclination is to believe that too many
men are out of work in Alabama to
substantiate the promise given in the
foregoing paragraph and there is a
tendency to suspect that the operators
are endeavoring to penalize the union
men generally.
The Investigations being conducted
by the Departments of Justice and
Labor are by no means complete, but
there is nothing as yet on which to
base a prediction that prosecutions
will be instituted against the oper-
ators for curtailing production under
the Lever act. though it would not be
surprising to see that statute invoked
again, this time against the operators,
if enough evidence is gathered to
warrant such an action.
Attorney General Palmer in a recent
message to Alabama operators made
it clear that he would not hesitate to
undertake such prosecution if the
facts justified it, and it can be said
that the department is rather eager
to prosecute vigorously any good case
that it finds against the operators,
particularly because of the charges of
bad faith that are being leveled
against the federal government for it's
alleged partiality in invoking a war
time statute against the workers
without once using the law to restrict
the activities of operators, both with
reslees.t 70 price and diminished pro-
Point to Lewis Statement.
The operators. on the other hand,
have made good use of the statement
made by John L. Lewis, acting presi-
dent of the miners, at the Buffalo con-
vention, to the effect that the operators
were not curtailing production. but
friends of the miners say such state
ment cannot bes construed as applying
to the behavior of operators at ali
times and they claim that a refusal to
take men back to work is in itself a
moment when the country needs all
the fuel it can get.
Kentucky miners, for instance. have
telegraphed both the departments of
Labor and Justice that they are not
going back to work because the opera
tors have increased the prepared coal
price from $2.65 under the Garfield
allowance to $3.50 and 81 while the
miners are getting no part of this in
crease. 1t is argued. moreover. that the
immense profits were made by opera
tors in Kentucky during the year
All of these complaints are being in
vestigated by a. large staff of special
agents and they must be examined in
the light of costs of production, figures
and statistics on which have been gath
cred by various government agencies
ever since the war began.
Realizes Task Is Big.
Public interest in the coal situation
may have begun to lag outside of the
coal fields as soon as the strike order
was reScinded, but the government
here Is still conscious of the ire
mendous responsibility it has under
taken in endeavoring to act as medi-
ator and compel settlement between
miners and operators. There are those
who are urging that prosecutions
against the operators under the Lever
act for exceeding wartime prices
would have a healthful effect because
it would carry faith to the miners in
the even-handed justice of the federal
government, but thus far the prosecut-
ing branch of the government gives the
impression of not wishing to undertake
prosecutions merely for psychological
effect, but of desiring to push its case
through to a victorious verdict when
ever enough evidence can be gotten to
launch such a campaign in the courts.
Copyright, 1872