Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-10-30
PALMER'S STATEMENT.

following statement, outllnging the
governments attitude toward the coal
Istrike. at s o'clock last night
There can be no doubt that the gov
lernment has the power In the public
Interest, under the law, to deal with
1.-The proiected strike of the bituminous
coal miners without infringing upon
the recognized right of men IN any
lire of Industry, to WORK when they
please and quit work when they
please. The illegality of this strike
can and will be established without in
any way impairing the general right
to strike and the general right to
strike Is not in issue in any sense
whatever in the present situation.
| tt. $ is true because the circum-
stances differentiate this case from
the case Of any other strike that has
ever taken place in the country. 1t
does not follow that every strike is
lawful merely because the right to
strike is recognized to exist. Every
case must stand upon its own bottom
and be governed by its own facts.
Therefore, when the President said in
Ibis statement last saturday that such
| a strike in such circumstances IS not
only unjustifiable but unlawful. ref
erence was had only TO the conditions
| in the pending situation
"outside the Pale of the Law"
| The proposed strike was ordered In
| a manner. for a purpose and with a
necessary effect, which taken together
put it outside the pale of the law.
After the war began the production OF
fuel was regarded as one OF the sub
! jects of such peculiar public impof-
lance as 10 Justify a special statutory
enactment.
| The fuel administrat ton was created
| to supervise the subject. and matters
of wages as well as prices We're con-
| administration. After the cessation
of hostilities the fuel administration
suspended certain of Its orders, but
did net terminate them, and they are
subject to reinstatement at any time
upon the Presidents order, and the
statute under which the orders were
made Is still In full force.
with this situation existing the
convention of United Mine Workers
at Cleveland, last September, decided
| to annul all wage contracts on No
vembef /. and took the unpfecedent-
any opportunity for consultation
either with the government or with
the coal operators, to strike on No
vember 1, unless satisfactory new
! arrangements should be made.
Without any expression from the
ton promulgated demand for a 60
per cent Increase in wages, six
hour day and five-day week and
authorized strike to be effective
November l. before the demands were
even presented to the operators.
Ihe demand for new wage agree
ment covered only a part of the coal
neids, but the strike order was sent
broadcast to workers in other fields
whefe operators had been given no op-
p0rtunity even to consider demand fec
increased wages or decreased hours
Solemn Contract"
All this has been done while the
miners in every field, through their
entered into a solemn contract with
the operators, fixing wages and hours
for definite period which has not
yet expired. The operators, upon the
lnsistence of the President, indica ed
their Willingness to negotiate and
arbitrate provided the strike is
deferred. while the miners rejected
the Presidents request for arbitrat ton
as means of settlement. end refused
to defer the strike. Some of the wage
contracts were made with the sane
tion of the federal government.
operating through the fuel admins
tration. to run during the continue
i,
MANY others. however, run until a
time still in the future without regard
for the continuation of the war
While 1t is perfectly plain that the
war is still on and any contract run
ming until it's conclusion is still in
force. whatever weight may be given
to the argument that the successful
operation of the war no longer re-
quires such contracts. 1t has no ali
plication whatever te the large num-
Der of such contracts which expire
at fixed date without regard fer the
war period.
The armistice did not end the war
and the courts in many cases have
held that the war emergency statutes
are still in force; the same rule must
apply to war emergency contracts.
The Congress has held to this position
30 late as October %, when an act of
Congress was approved making even
more effective the feed and fuel cen
troll act.