Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-11-09
Order Canceling Strike.


"And they (the defendants) are fur
Their enjoined from permitting the
strike order issued on or about Octo-
Der Is, 1919. to the miners and mine
workers in the bituminous coal fields
of the United States, to take effect
longer remain in effect, commanding
them to desist from aiding such strike
by permitting said strike order to re-
main in effect, and commanding them
to issue a withdrawal and cancella-
ton Of said strike order and com
nunicate the same to district or local
unions. committees and members of
the International United Mine Work
ers of America, as fully and complete
ly as the said strike order has been
heretofore distributed and circulated
to the said organization, it's members,
district of local unions or any COM
mittee thereof" :.
If left to pursue its normal course
the injunction proceedings probably
VIII rest until November 20. The de-
PENDANTS have until that date to file 2
formal answer and when that t;ne
expires it is within the province of
the government attorneys to ask that
the temporary injunction issued tn.
DAY De made permanent.
1t was pointed out by government.
oHcials that this was expected to re-
suit lnasmuch as Judge Anderson de-
cided the issues in the case today
Attorneys for the miners indicated
that they will take the case to the
United States circuit court of an
peals at Chicago at the earliest pos
sible date. Such action. however. will
not affect the Injunction PROCEEDINGS
nor the governments plan to ask that
the temporary injunction be made
permanent on November 20. In the
meantime, it is pointed out, the courts
order to call off the strike must be
carried out.
Pray for Injunction.
1--WE pray at this time for a manda-
tory injunction for withdrawal of
the strike order because notwith-
standing the restraining orders effect
the strikers are still on strike" said
Judge Ames, who opened the argu
ments for the government early in
the proceedings today:
1.-THE situation is in a state of rest
if you please, which in itself works
injury. That state of rest can be
changed to a state of action only by
cancellation of the illegal strike or
der"
1--WE feel" said Judge Ames, in con-
GLIDING, that there IL noInlng COM
parable with the importance of as
pertaining whether the law of this
country is supreme When we reach
the point where the supremacy OF the
law is challenged by any man or body
of men we have reached the point
where the decay of the republic has
set in
Mr.. Warrum counsel for the miners
officials, started with fiat statement
that every decision in the country re-
latine to strikes had averred the
right of workmen to strike when I'M
accompanied by boycott or disorder.
He read opinions to this effect, but
Judge Anderson asked:
How do these apply to this case
when there is not single defendant
in this court who works with his
hands,"
The attorney said the Injunction
against the officers or agents of the
miners was in effect an Injunction
against the miners. On this theory
he was allowed to continue his argu-
ment.
Defendants Are Agents of Men.
These defendants are not inter.
lopers," he said. They are the duly
constituted agents of the men, anu
the governments bill of complaint it,
self shows that the men themselves
ordered the strike and directed their
officers to carry that order into effect.
at is further important that in the
bill appears the fact that these very
defendants were parties to the WASH
ington wage agreement and recog-
nized them as lawful agents But
now the government turns around and
seeks to place in the position of in
terlopers these same agents when
they carry out other orders of their
THAT is not the question before the
court at ALL" said Judge Anderson.
THE Lever act makes it an unlawful
conspiracy for two or more persons
to arrange to limit production of coal.
That is perfectly apparent to me.
- ,-h.Gy knows that. You may dis