Evening star., 1944-01-17
Justice Ruling Keeps
j. ). Hold on Mines
Despite Output Gain
By the Associated Press.

Secretary Ickes announced today
that the Justice Department has
ruled that continuing possibility of
work stoppages permits the Govern
ment to retain possession of seized
coal mines, even though virtually
normal production has been restored.
The ith-Connally Antistrike
Act provides that Government-seized
mines should be restored to their
owners within so days after their re-
turn to the productive efficiency pre-
vailing prior to Government seizure.
Attorney General Biddle has ruled,
however, Mr. Ickes said, that pro-
ductive efficiency has not been re-
stored within the meaning of section
of the War Labor Disputes Act, /"
since, If the Government relinquiShes
possession, there might be further
interferences with production
through strikes or stoppages or
threats of strikes or stoppages.
465 Mines Turned Back.
Mr.. Ickes, Government admins
traitor of the mines, has turned back
to their owners 465 mines which had
no contract with the United Mine
Workers and at which no work
stoppages we're threatened. But
the bulk of the Nations 3,000-odd
soft coal workings still are in Gov-
ernment hands.
In requesting the opinion, Secre-
tary Ickes informed the Attorney
General that the tonnage of bitum-
inous coal produced in the week of
November Is was as substantial as
in any previous week Of 1943, and
that output has not fallen below
normal seasonal levels since that
time.
Nevertheless, based on our past
experience with the coal mines, I
am convinced that their res
toration to the owners at this time,
when the contract negotiations are
not completed, might lead to re-
currence of the work stoppages
which have meant so great loss
Of coal production in the past and
which at this time, when the coal
shortage is so severe, may well spell
disaster" Mr.. Ickes told the Justice
Department.
Basic Attitude Continued.
"The slogan no contract, no work
continued to represent the basic at
titude of the miners with respect to
the production of coal so long as
the mines are in private hands"
Attorney General Biddle quoted
Mr.. Ickes' conclusions in his opinion
: and declared that the return of the
! mines to private ownership under
= such circumstances would "frus-
trate the purposes of the original
: seizure" The return of possession
: probably would cause new work
|. stoppages, he held, which in turn
: would cause another seizure.
; THE condition which caused pos
session to be taken continue to exist
so long as there is a serious threat
of recurring strikes or stoppages ii
the mines are returned" Mr.. Bid
-dle's opinion held.
Mere Volume Not Enough.
: Accordingly, I conclude that un-
der the conditions outlined in your
letter, productive efficiency has not
been restored within the meaning
- of the act. The productive eff
cheney of a mine cannot be deter
mined alone by the physical volume
of coal produced at given time; it
is also necessary to consider whether
if the Government relinquishes pos
session, there will be further inter-
ference with production through
strikes or stoppages or threats of
strikes or stoppages.
In view of your conclusion that
the REIMBURSEMENT of Government
control will result in a renewal of
the labor disturbances that led the
President to authorize you to take
possession of the mines, I believe
that you are not required, under
present conditions, to return the
mines to their owners"