Evening star., 1946-11-26
Lewis Certain to Fuce
Series of Legal Battles
Smith Connally Law Action Due
to Follow Contempt Case

Smith Connally Law Action due
to Follow Contempt Case
By Dapid LaOrencs
John L. Lewis faces one legal battls
after another. When the contempt trial
is further along and an appeal from ths
ruling Of the judge Is taken by either
side, the next step may be prosecution
under the Smith Connally law
The facts brought out In the con-
tempt trial will make 1t easier for the
Government to make a case under the
Smith Connally law. Thus it will be
developed that the notice of termina-
tion Of the Krug-Lewis contract was
indeed equivalent to a strike call At
torneys for MIR. Lewis cannot fail to
argue the facts as to how the miners
happened to walk out. This is essential
information on which to base the pro-
ceedings under the Smith Connally law,
which prohibits any act that results in
a stoppage of work in plant or mine
in the Governments possession.
At the contempt trial in all prob
ability Government counsel will draw
out by examination the manner in
which the work stoppage was accom-
plished. There Is, to be sure, a collateral
issue on which the court could rule
without going into the details Of how
the work stoppage was brought about.
Governments Contention.
This collateral issue goes to the ques-
tion of contempt for the temporary re-
straining order issued by Justice
Goldsborough.
1t is the Governments contention
that, irrespective of whether Mr.. Lewis
did or did not think the La Guardia-
Norris anti-injunction law could be in
volved by the Federal authority, the
fact remains that the court had right
to have its wishes respected when it
ordered Mr.. Lewis to rescind his notice
of termination Of the contract Mr..
Lewis defense as set forth in court is
that he does not regard the restraining
order as constitutional because under
the Norris-La Guardia law, he contends,
no Injunction can be issued anyway.
But this really isn't the question be-
fore the court. The real point Is
whether under the Constitution Of the
United States any one can disobey
temporary restraining order. Mr.. Lewis
would seem to have taken a long chance
but 1t is doubtful if he can be extricated
from his dilemma by legal argument.
The court has plenary discretion to
| decide whether its temporary restrain-
/ ing order was obeyed and it would seem
to be doubtful whether Mr.. Lewis can
1 ever get reversal by any court If he is
/ found guilty of contempt.
This is because the issue now turns
ON the judicial power Of the United
States and this has been determined by
long line of decisions and judicial
practices.
4 The position of Mr.. Lewis from a legal
viewpoint gets worse and worse as time
goes on Likewise, the position of or
ganized labor gets worse with each day
that the strike is prolonged. One can
imagine some employers willing to see
their plants closed by lack of fuel be-
cause when the power to paraiyze In
dustry is broken by public opinion in
/ the next Congress it would appear that
i resumption or production n an atmos-
/ phere cleared OF similar threats ia the
future VIII be undertaken with much
more confidence and optimism than
| heretofore.
Affects All Union Labor.
John Lewis climax is one that affects
| all union labor. The leaders Of other
| major unions are throwing away their
best chance to retain public favor for
| they, too, are indicating publicly their
concurrence with the tactics OF the
| miners union.
The administration has not revealed
| its plans but it begins to look as II the
| steady pressure of legal steps win be
relied on to break the strike.
All the talk about hesitation because
Of fear of making martyr" Of Mr..
| Lewis is largely nonsense. With mil
lions of persons shivering from cold and
industry paralyzed and tens Of thou
sands of innocent workers thrown out Of
| work, it Is idle to speak Of martyrs"
The public viii remember only what
| the administration and Congress did.
/ It will remember only whether craven
men sat In positions Of responsibility
and appeased insurrection. 1t is a time
when courage will be applauded and
cowardice condemned. The contempt
trial will be carried on calmly and In
an orderly way and when other charges
are fled the Government will proceed
likewise to submit its case to the courts.
Since when Is man, b martyr" who
disobeys the law and IS punished for his
infraction2 This question has already
been asked and answered and the Gov
ernment is going straight ahead to do
/ its duty.
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What q Mail Box Should Soy
From the st. Louis Post-Dispatch.
A talking mail box has been brought
| out by the Post Ofice Department,
II - ~