Evening star., 1946-12-03
FOLLOWING Is a tert OF John L.

LeUIS SkUtCHkCHt Ht 0soS w Nos|Is
The history of the labor injunction
prior to 1882 is a sordid one. Con-
gress in 1914 recognized that by
passing the Clayton Act, and again
in 1882 by enacting the Norris-La
Guardia Act The latter act, in plain
language which any intelligent cit
izen can understand, provides that
no court of the United States
shall have jurisdiction to issue any
restraining order or temporary or
permanent injunction in a case In
volying or growing out of a labor
dispute"
The United Mine Workers are In
a dispute over working conditions
in the mines which, in our opinion,
spells nothing else but labor dis.
pute. The Clayton Act and the
Norris7La Guardia Act clearly
enumerate certain traditional union
activities which shall not be re-
strained or enjoined by any court,
among them being ceasing Or re-
fusing to perform any work or to
remain in any relation of employ
ment, and the giving of publicity to
the facts involved in any labor dis
pute.
54-Hour Week Cited.
On October 81 this union asked
for conferences to discuss our
grievances. Outstanding among these
grievances which cries aloud for
immediate adjustment is the deadly,
brutal 54-hour work week under
ground in American coal mines. Our
miners work at the operators option,
nine hours per day, six days per
week, which is longer work day
and work week that prevails In the
mining industry of any civilized
country in the world. These dis
putes over working conditions in
the mines were not resolved and
the representatives of the United
Mine Workers determined that the
so-called Krug-Lewis agreement was
preached. The representatives, after
a period of Is days, on November Is,
the Secretary of the Inter-
ior that the contract was terminated
as of November 20.
The agents of the Government, In
what was believed to constitute a
violation of both the Clayton and
the Norris La Guardia Acts, applied
for temporary restraining order
which this court granted without
notice and without hearing.
This court has now ruled that
the Clayton and Norris-La Guardia
Acts do not apply to this con-
troversy. That is a matter for legal
counsel to appraise and evaluate.
But above and beyond those
statutes, there is a Federal Consti-
tuition binding on all, even upon the
Government, and that Constitution
guarantees to the miners, as it
does to all citizens, freedom of
speech, freedom of press, freedom OF
assemblage and freedom from in
voluntary servtude.
Quotes AFL Policy.
Your Injunction, sir, I respect
fully submit, deprives the miners OF
these constitutional rights. As citi-
zens, the miners and I stand upon
the rights guaranteed in the Consti-
tuition. This is labor's traditional
position. For the purpose of ac-
quainting the court with the histori-
cal position taken by the American
Federation of Labor, permit me to
read paragraph from a report
unanimously adopted by the Amer
ican Federation of Labor at it's 1919
convention:
'The fate of the sovereignty of
the American people again hangs in
the balance. 1t is inconceivable that
such an autocratic, despotic and
tyrannical power can long remain in
a democracy. One or the other must
give way, and your COM
mittee believes that this convention
should declare that, as wage earners,
citizens of a free and democratic
republic, we shall stand firmly and
conscienciously on our rights as free
men and treat all injunctite DEGREES
that invade our personal liberties
as unwarranted in fact. unjustifled
in law and illegal as being in viola
ton of our constitutional safeguards
and accept whatever consequences
may follow
This is still the declared and effec-