Evening star., 1937-06-27

sertion that applicable statutes con-
stitute full authority for the depart
ments refusal to do so.
The existence OF such statutes is
denied by counsel for the steel cor
poration. who told the court:
Congress never contemplated that
the situation now existing should
come into being. If some mail is be-
ing delivered and some being refused
because OF fear Of displeasure or en-
suing violence from the c. I. O.. then
the Post Office Department is in
directly accepting the dictation OF the
C. l. o. as to what it may or may not
deliver.
First Successful Challenge"
This is perhaps the first success
full challenge to the authority OF the
American Government in securing the
safe and prompt transportation Of the
mails II it be the shameful fact that
the c. I. o. has grown to such pro-
portions that 1t has power to control
the postal system Of the Federal Gov
ernment, then the time has indeed
come to invoke the aid Of the Gov-
ernments military forces"
So far as the present situation is
concerned, the filing Of the suit Is in
the nature of a futile gesture since in
all probability the strike will have
been settled before a final decision is
reached. It will be OF value, how
ever, in serving Is guide to postal
authorities in future strikes.
The remaining allegation-that An
attempt to deliver food and clothing
parcels would result in violence to
postal employes-may we'll be true, but
is yet to be proved. The simple fact
is that the postal authorities have not
made the effort.
In days gone by other Presidents
have used force to send the mails
through. Grover Cleveland did 1t
when the Pullman strikers obstructed
the mails. and Warren G. Harding
pressed 1000 Marines into service
when bandits began looting the mails
during his administration.
But there is no thought Of that now
In almost the same breath. Mr. Howes
speaking for the Post Office Depart
ment. told the Senate Committee he
feared violence would. follow attempts
to deliver food and clothing and then
said the department would not seek
the support OF the military forces tc
deliver IRREGULAR" mail
This, then, was the situation vher
Attorney General Cummings declared
last week that the mails must &C
through" and announced that war.
rants had been issued for six picketl
charging them with obstructins mai
deliveries.
The Attorney Generals statement
made 1t clear that strikers actual,
obstructing deliveries Of irregular
mail will be prosecuted, even though
the head Of the Post Once Department
says he has no authority to deliver
such mail. Presumably, if there an
to be no attempted deliveries, the meek
for prosecution of strikers will no
arise In the future, but even 30, ther,
can be no quarrel with the proposition
that they should be punished for in
reference In the past.
To some it may seem that the At
titude of the heads Of the two de-
partments Is inconsistent. Certainl!
the atmosphere was not clarified wher
Mr.. Cummings said that "the who'll
power Of the Federal Government 4
behind the position that the mail mus
be delivered" and then, when asket
whether there were any limitations OF
the kind Of mail that must 90 through
he added:
The attitude Of the Justice De
partment Is that any mail which tn
Post Once Department sees At to De
liver must 90 through unhanapered. !"