The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-11-10
j. 8. COURT IN
ORDER To END
MINING STRIKE

INDIANAPOLIS. Nov. ?-Indcr com
rulS!on Of the United states diS'rict
court ,h,. United Mine Workers al
America must withdraw their h!tuml-
nous strike order before Tu"sady nj l"
4. m. judge Anderson yesterday NOT
only granted the temporary injunction
AGAINST the aiding or encouragement OF
the strike by the national ana local OH
car; of the union. but for the first time
in legal history required Thorn atiirha'
lively To withdraw the order which call
ed tn" strike.
while the miners will appeal. they
cannu, make The appeal effectively be-
fore Tuesday. The officers affected ny
the order ut the court have been sum
moncd Ia meet in Indianapolis on Mon
day. Unless they then withdraw the
strike order they Will he puNShahlc
through fine and imprisonment for con-
tempt of court.
Judge Anderson based his decision
SQuarcly upon the governments Conten-
tom that under the Lever food and fuel
control act thc United Mine Workers
We're guilty ur crime in arranging to
limit tn. distribution Of fuel.
THE Clayton act" he said. referring
to the statutory guarantee of the right
to strike does not apply In this in
stance, hccauS" tho Clayton act docs
not contemplate that the right 10 strike
permits al the commission Of crime"
lie gave scant Shift to the arguments
Of the strikers attorneys, seeking 10
show tina; the Lever act lanscd with
the war emergency.
Clayton Act Is Explained.
THE act provides that IL is IN force
until peace Is officially proclaimed by
the President" Judge Anderson do
itlD r1i and ted ~ NJ th1f
they Heed Not attempt to argue the
question. as the courts had already con-
strucd II and that his own mind was
convinced on this point Of law.
So clearly did Judge Anderson con.
s!d"r the provision OF the Lever act to
bear on the present situation that he
said he would enjoin ANY two miners
who dig coal with their hands" from
agreeing between themselves 10 check
production.
The point was raised that the officials
of the Ukit"d Mine Workers. not them
selves being workers on strike, could no;
! benefit from the statutory protection OF
| the right TO strike. Judge Anderson held.
however, that tho officials were The
proper agents Of the miners and could
SO benefit.
! Little doubt was expressed but thai
| the strike order will be withdrawn. None
! Of the officers Of the union whose names
! are included In the order would talk
about it. 1t was SAID At the Offices u,
/ the union. however. that both John y.
! Lewis. acting president. and William
! Green, srcrctary-trcaSur"r, would obey.
Judge Anderson spoke plainly. but
if, IN the face of the statutes Of tho
/ United States as well as the orders of
! one of its courts tins strike should DO
/ - .l.-Il,
Court to Pass on Order.
; He required that when the union Of
) fcialS draw up their cancclaltlon Of tho
strike order on Monday. it be submitted
To the court for approval. Tho dcCr"O
| "f today provides that the cancellation
; must l." circulated To tho districts and
, unions and 10 all officers and members
! just as fully as was the original order
Tor the strike on October 81.
The Illegal character Of the strike was
INSISTED upon throughout tho proceed
| iHgs. When the argument opened be-
! force crowded court room Henry War
! rum, attorney for the miners. asked fOc
! weeks postpunmcnt. telling the court
| he believed that III the meantime tho
strike would be settled.
The affair at issue Is too important
! to admit of delay" rcjoincd G. Is. Ames,
; the Assistant Attorney General. who has
; handled the case for the government.
! MIR. Worrun then began his arrum"n:
how that the Lever act had "NpIrcL
tho war emergency. judge Nmcs
. ID to listen to this argument. and
NJ .arrum. rcmarking Il am through.
! ~ C.Iuwn. William Rocker Of the min.
cvs' counsel then took up III" argument
! Ia show that the miners right to strike
! was iufrngod upon. He got but a short
way into the argument. however, before
Judge Anderson cut him Off with his
remark that the Clayton act did not APP
ply To crimes.