The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1919-11-09
Federal District Judge at In
dianapolis Holds Strike Not
Only Illegal But Approaches
Rebellion.
UNIONS INDICATE NO
INTENTION OF DEFYING
Leaders Will Be Held in Con-
tempt Unless They Obey I'm
der Wartime Food and Fuel
Control Legislation.

INDIANAPOLIS Nov. 8.-Cancellallon
of the strike order which for week
has kept four hundred soft coal min
ers idle was ordered by the federai
district Judge at 6 p. m. Tuesday. 10
dispatch the order which they must
draw up and submit for the judges
approva1 by ten o'clock of that day.
The court held that under the war
time food and fuel control act, the
strike was not only Illegal but ap-
preached rebellion.
Unless leaders obey the court they
will be held in contempt There were
no indications tonight they would de-
fy the order.
Cumberland, Maryland, Nov. Self
Acting President Lewis of the United
Mine Workers should rescind the
strike order, the men would not have
to obey is the opinion OF William j.
Trickett secretary treasurer OF dis
trict union number 16, and Il don't
think they would he said tonight.
Half an hour before court opened
the corridors of the federal building
were damned with scores of men and
women waiting for an opportunity to
get seats When the seats were filled
the doors were locked but several
scores of persons remained in the COR
ridor.
The defendants were slow in gath
ering. President Lewis and Secretary
Green of the union were early but
the others struggled in. Not all the
men who were served with the re-
straining order We're in court. counsel
entering an appearance for them. Ine
proceedings opened promptly at 10 a..
m.
ryrrv nm
of counsel for the miners, .the de-
PENDANTS wish to move at this time
for a postponement of these proceed
incs for a week or ten days. In the
meantime it is hoped that peaceful
settlement of the controversy upon
which these proceedings are based
may be reached"
aThe question involved are too i'm
portant TO admit of delay" rejoined
c. b. Ames, assistant attorney gem
eral. "For this reason the govern
ment objects to delay
The attorneys then agreed that In
ruling upon the motion for dissolu-
ton of the restraining order the court
might also rule on the question or
issuing an injunction as prayed in the
petition filed last week by the gov
eminent.
A
Snencer. and Marion Underwood
Of the railroad administration at
washington. as TO diminishing coal
supplies and diminishing financial re-
turns through operation of the roads.
Taken together these affidavits
show, said Judge Ames, that the
government is operating the roads now
Mt loss which will increase with
diminution of supplies for operation
There are equity proceedings and
/ am going to let the evidence IN,
said the court.
Mr.. Ames read an affidavit from
Thomas l.. Lewis. secretary of the
New River Coal Association of West
Virginia. This document detailed the
alleged violation of union CONTRACTS
in that field. Similar affidavits we've
offered detailing alleged similar IN
eastern Kentucky and Tennessee.
Mr.. Ames then related the re-estab-
1isbment of certain fuel administra-
tion orders
IT helieve these are all the facts
we wish to present at this time" said
Mr. Ames.
The defense thereupon started to
Rad its motion to dissolve in the form
of an affidavit.
The document asserted the legality
of the strike call and that the sole OBJ
iect was TO better the living condi-
tons of the miners by increased wages
and shorter working hours. This was
explained as designed to combat the
government assertion of conspiracy
to violate the Lever food and fuel con-
troll act
The affidavit cited the statue for
bidding issuances of injunctions in Ia
Dor disputes unless based upon de-
struction of property of the complain
ant The Lever act it was argued,
had become ineffective because the
war had ceased progressively, two
cs the circumstances cited in this
connection being that soldier menu
bers of the union had been discharged
from government service and that the
coal mines had been returned TO their
lConfipued IN papa Two1