The labor journal. [volume] (Everett, Wash.) 1909-1976, 1920-05-21
HUGHES KICKED
STUFFTNG OUT
OF LEVER ACT

INDIANAPOLIS, Ind, May--Bit-
luminous coal miners all over the
country are awaiting with interest
the decision of Judge Anderson, of
the Federal Court in this city on the
question of whether the indictment
returned by the Federal grand jury
against 125 coal operators and Of
ficials and members of the United
Mine Workers of America for al
legged violations of the Lever law is
a valid Indictment. The question
which was argued before Judge An
derson is regarded by the coal min
ers as being one of the most impor-
tant to the workers of this country
that ever was presented to a court,
because it involves the right of the
workers to bargain collectively with
their employers; their right to adopt
and follow peaceable means for the
redress of wrongs; and whether men
may be indicted for an alleged Of
Tense under law which the min
ers say is so vague and uncertain
as to make it impossible for them
to ascertain the exact offense
charged or what constitutes the Of
Tense with which they may be
charged.
Charles Evans Hughes, the emf
nent New York lawyer, represented
the miners in the presentation of the
case on it's legal merits. He tore
into the Lever law and pointed out
what he designates as its inherent
weaknesses, and he quoted an end
less number of court decisions to
sustain his contention that law
such as the Lever law could not be
constitutional, and, if held to be
to be valid because of it's vague
ness and uncertainty. Mr.. Hughes
pointed out that the Fifth Amend
ment to the United States Consti-
tuition says that property shall not
be taken without due process of law,
and that the Sixth Amendment guar
antees that a defendant shall be
fully informed as to the offense with
which he is charged. He said that
an Indictment under the Lever law
violates both Of these amendments,
One of the most interesting points
raised against the indictment by Mr..
Hughes was that the Lever law
was unenforceable against persons
in the coal industry so long as the
United States Fuel Administration
was in existence He said the Lever
law conferred on the President full
authority over and regulation of the
fuel industry during the war. The
President created the Fuel admin
istraticn and conferred on Fuel Ad-
ministrator Garfield all of the power
and authority which the Lever Act
gave him, and Garfield laid down
the arbitrary rules by which the
coal industry was to be governed.
Mr.. Hughes said that as long as the
coal industry was thus under the
jurisdiction of the Fuel Administra-
ton it could not at the same time
be under the jurisdiction of the
courts, because under such a dual
system no man could tell whether
his conduct was legal or illegal. A
court might hold one way and the
Fuel Administration hold a different
way. Mr.. Hughes held that, there
fore, the miners and operators could
not be held under an indictment for
their acts committed while the Fuel
Administration was in operation.
There were numerous other points
in the argument of Mr.. Hughes that
were of extreme interest and i'm
portance. His argument was re-
garded as one of the most brilliant
and able ever made in court. The
United Mine WorlMTs have been
congratulated on all sides for their
wisdom in placing their case in the
hands of so able and eminent a
lawyer as Mr.. Hughes.