The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1919-11-09

/ Nichols and Albert Harris.
alleged violation Of union contracts in
that field. Similar affidavits were of.
feied detailing alleged familiar condi
tlons in eastern Kentucky and Ten
nsesee Judge Ames then related the
! re.establishment Of certain fuel ad.
ministratiUn orders.
The defense read its motion to dis
solve in the form Of an affidavit The
document asserted the legality Of the
strike call and that the sole object was
to better the living conditions Of the
miners by increased wages and shorter
working hours. This was explained
as designated to combat the govern
ment assertion of a conspiracy to VIC.
late the Lever food and fuelcontrol
act
The affidavit cited the statute for.
bidding issuance Of inlunctions in la
Dor disputes, unless based upon destruc
ton Of property of the complainant
The Lever act it was agreed, had be-
como ineffective because the war mad
ceased progressively, two Of the cir
cumstances in this connection being
that the soldier members of The union
had been discharged from government
service ana the coal mines had been
returned To their owners.
"'rhe union members therefore be
lieved that peace had come and that
the United states was no longer at
ed to show in court that by acts Of
the administration the war powers re-.
latiug 10 the fuel industry had been
dissolved.
The motion also argued that the re-
stralning order was calculated to de-
stroy tie right and result in dissolu-
ton of the organization. 1t also as.
serted that the portion restraining use
Of union funds confiscated property
without que process Of law.
Ames Reads Wilson Statement
Judge Ames read from the Congress
sional Record President Wilson's state
ment on the coal strike, reading it in
full President Lewis Of the union,
with thumbs thrust into the armholes
OF his waistcoat, listened to the chief
executives excoration of the organiza
ton with a nonchalant manner en-
phasized by closed eyes and an occa-
sional use of a pencil as a ttoothpick.
AS the president Of the United
States has said, the time has come for
plain speaking" Judge Ames contin-
ued, NO organization may override
the law. Otherwise there is successful
revolution. And | do not believe NE
American people have reached the stage
where such course can be approved.
The government contends that this
strike is Illegal, in that it violates the
federal fuel control act
Judge Ames cited the provisions of
the law forbiddng restriction Of fuel
output, and concluded:
amy arrangement which has that .
effect violates the law
lie said the governments position in
court in this case was settled by tho
Debs decision, and when Judge An /.
derson said he knew of that difficulty |
the point was not elaborated.
Replying to the defenses contention
that the war had ceased progressive
ly,' Judge Ames said the Lever act |
provided that it would remain in force |
until peace was proclaimed, which he |
said has not been done. He argued |
also that the presidents statement as /
10 war conditions of the strike, the ,
declaration of congress last week that |
the Lever act was still in effect and
court decisions that war still exists,
showed executive legislative and judi
cial opinion united against the unions
contentioh
Clayton Act Not Applicable
He denied that the Clayton act had
any application to the present case.
He said the provisions on strikes did
not permit an unlawful act and that
section 20 of the act did not apply be
cause this was not a case between EN-
ployers and employees.
I'VE pray at this time for n manda-
tory injunction for withdrawal of the
strike order because Notwithstanding
he restraining orders effect, the strik
ers are still on strike"
Mr.. Warrum, during his argument
that every decision in the
relating to strikes had averred
he right of workmen to strike when
by boycott or disorder.
rhe attorney said the injunction against
he officers or agents of the miners was
n effect an injunction against the
miners.
These defendants are not interlop.
RS" he said They are tho duly con II
tituted agents Of the men, and the
governments bill OF complaint itself
hows that the men themselves order
& the strike and directed their officers
0 carry that order into effect.