Evening star., 1937-04-03

government De- p,r;s sY.ur.u,.
cause the courts
of that State-the judicial branch
are powerlesS to enforce their orders
and DEGREES.
The laws of the United States-re-
vised statutes 5399-provlde for Fed
eral action in such an emergency.
This correspondent quoted the text
of the law of 1871 in a dispatch just
a week ago. The statute makes 1t
obligatory upon the President OF the
United States to compel obedience to
the orders of court whenever from
any cause, the State authorities fail
to furnish such enforcement.
1t has been in some quarters as
sumed that Federal Intervention can
come only upon application OF State
Legislature or the Governor or both,
but while the Constitution does pro-
vide for the use of Federal force
when the Governor and Legislature
apply for it, there is a separate obliga-
ton of the Federal Government to
intervene which is absolute, irreSpec-
tive of how the Legislature and the
Governor feel about it.
Huey Longs Rule Cited.
The reason for the proviso is quite
simple. For instance, not long ago,
in Louisiana, Huey Long controlled
both the office of Governor and the
State Legislature. The only po-
tential restraint upon both was the
courts, and just before his death, the
situation was rapidly crystalizing to-
ward a point where Federal inter-
vention was being suggested as
means Of guaranteeing a republican
form of government for the State of
louisiana
Since a State Legislature, working
in close cooperation with Governor,
might seize governmental power and
create virtual dictatorship by con-
trolling election machinery, the Fed
eral power of guaranteeing a republic
can form of government very natur-
ally has to come in as a protection
to the citizens. 1t was under this
broad provision of the Constitution
that the law of 1871 was framed and
while it has been used sparingly, it
Is designed for situations in which
local State government falls down.
In Michigan today, mob rule has
been substituted for court rule. Even
contract solemnly entered into as
binding between the John Lewis unions
and the General Motors Co. has been
violated again and again by sit-doWn
strikes. Thirty strikes have occurred
since the contract was signed on Feb
ruary II. Union leaders are said to
be unable to control their own men.
Discipline is gone because a handful
of workers realize there is no punish
ment or penalty when they interrupt
production. The union has no means
of compelling obedience and the State
authorities are inactive.
johnson Points to 1871 Statute.
, The Senate of the United States
ihas begun to debate the Michigan
situation. Senator Hiram Johnson of
California, one of the most courageous
men in public life, has pointed to the
statute of 1871 as requiring the Presi-
dent of the United States to back up
the State courts in their enforcement
of law Other Senators feel this
would be an extreme step to take and
that Gov. Murphy's policy of watch
full waiting should be commended
But as the situation progresses and
more and more minority of workers
feel their power, it is feared that the
situation may, if untouched by the
firm hand of the law now, develop
tragic consequences in which unneces-
sary bloodshed will occur.
Unfortunately, there is a disposition
in the Washington Government itself
to condone Shutdown" strikes Sena-
tor Wagner's speech undoubtedly re-
fleets accurately the viewpoint of
president Roosevelt and Secretary
Perkins Mr.. Wagner thinks that two
wrongs make right and that, because
some employers have been heartless,
,the provocation to use physical force
may be forgiven.
Legal Powers Unused.
Unhappily, Senator Wagner, in his
discussion of the labor act which
bears his name, did not go into detail
and tell the Senate both sides of the
story. 1t is true employers have re-
fused to obey the Wagner law, but
any citizen has right to enjoin in
court the enforcement of law be-
lieved by counsel to be unconstitu-
tional But the Shutdown" strikers
have not gone into court Nor have
they invoked those provisions Of the
Wagner law that are not under legal
attack. For instance, the National
Labor Board has powers of investi-
Eation and inquiry under the Wagner
act which can be brought into action
II the workers apply for it, No en-
ployer can stop that step. Yet C. I. o.
union leaders refuse to have this Fed
eral machinery used for fear a deci-
sion against them and in favor of the
A. F. of L. type Of labor unit might
have to be made.
So 1t is labor itself which has
sabotaged the important features Of
the Wagner law The Federal Gov
ernment, which has ample power to
prevent Shutdown" strikes or to insist
that law and order be maintained in
Michigan, has engaged in Shutdown"
against the functioning of republic
can form of government in Michigan.
(Copyright 1872