Evening star., 1943-11-09


duress.
Mr.. Morse may be in the minority
today, but as time goes on his Wig
orous protest will become the basi.
OF majority policy. For whatever
may have been the reasoning which
prompted President Roosevelt tc
permit the solid fuels administrator
to surrender to John L. Lewis-in-
Guiding the well-known argument
OF expediency and the need for coal
to be mined-the executive branch
Of the Government might at least
have accompanied the surrender
with a request that Congress put
teeth into the Smith -Connally law
and prohibit wartime strikes alto
gether.
Mr.. Morse used to be dean of the
law school at the University of Ore
gon, and his decisions and opinions
since coming TO the War Labor
Board have been friendly to labor
So his outspoken protest, just made
public, may be taken as a warning
signal that honest liberals will no
longer remain silent as the majesty
OF government is impaired by pres
sure from special group, particu-
lsrly in wartime.
Excerpts Of Opinion.
Excerpts from Mr.. Morses opinion
follow:
The memorandum of agreement
submitted by the Secretary of the
Interior to the War Labor Board for
Its approval in this case is the end
result of four costly strikes by the
United Mine Workers of America in
violation of the no-strike pledge
1t is the product of coercive action
resulting from the exercise of eco
nomic power against the Govern
ment and the people of the Nation
The War Labor Board has con-
sistently ruled, up to now, that it
will not consider the merits of a
controversy between an employer
and union while strike is in
progress. This memorandum Of
agreement was not only negotiated
in the midst of strike action, but
the War Labor Board has reached
= decision on it while many thou
sands of miners are still engaged
In work stoppage. The Nation
should have exercised its sovereign
powers to meet the challenge raised
by the economic action of the
United Mine Workers of America,
rather than capitulate to that chal-
lenge by offering them contract
which appears to have been die
tated at the point Of the strike
weapon.
The most serious consequence to-
the stability of wartime labor regu-
lations may be expected to flow from
this abrogation Of the previous pol
icy Of the Government by these ac-
tions of the Secretary of the IN
terror and of the War Labor Board
in this case The example set is
bound to influence the conduct of
other irresponsible labor leaders and
TO undermine the disciplinary con-
troll of patriotic and responsible labor
leaders who believe their members
should live up to the no-strike
pledge. Already the War Labor
Board has been notified by one of
its regional boards that two serious
strikes in vital war plants have been
called by union leaders who are in
sisting that the striking men will
not return to work until the Govern
ment through the War Labor Board.
approves settlement in the same
manner as that in which the Gov
ernment capitulated to the demands
Of the United Mine Workers of
America"
Employers Had No Voice.
Mr.. Morse pointed out that the
mine employers had no voice in the
of the contract, though their
vital interests were affected when
1t was imposed by the Government.
He added:
Private property interes S
throughout the country have the
right to be concerned and alarmed
over such a procedure"
Attention was also called by Mr..
Morse to the subterfuge by which
the demands of the miners were
granted. He declared that Is min
utes for lunch was unthlnkable for
men who work as hard as the miners
do, and he protested that the Gov
ernment should not be a party TO
reducing the miners lunch period in
order to justify yielding to the de-
mand for an increase in earnings"
and "if it was necessary to meet
Mr.. Lewis 850-per-day wage de-
mand in order to get coal mined.
then it would have been fairer and
more fortnight to make an eXcep-
tion to the wage stabilization pro-
gram to the extent of paying the
miners the sum demanded and let
them keep their 30-minute lunch
period"
Dean Morse concluded with this
ringing declaration: The negoti-
sting and submitting of the contract
to the War Labor Board and its ap-'
proval thereof in the light of all
the surrounding facts and -circum-
stances place great strain on the
ordinary, conception of government
by law"
- Sooner or later Congress will have
to redeem the majesty of govern
ment and erase the ignominious
chapter in labor history that has
Just been written.
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