Evening star., 1946-11-24

which would cause or prolong Q
strike.
Another interesting legal issue in
the case Is the question of whether
or not Mr.. Lewis had right under
the terms of the Krug-Lewis con-
tract itself to declare it terminated.
There Is. room for some controversy
on this point Under the language
Of the agreement negotiated by the
Secretary of the Interior, the terms
and conditions of the old contract
with the private operators were in
corporated by reference, except to
the extent that these had been
amended and supplemented" The
union position is that this general
language made operative the re-.
opening clause in-the old contract
which contemplated a written notice,
a specified period for negotiations,
and mutual right to terminate
thereafter upon five days notice.
In drawing the contract. however,
Secretary Krug had the advice of
Solicitor Warner w. Gardner, one Of
the most experienced lawyers in the
Government, who inserted q provi-
sion stating that the agreement
covers employment 'for the period
OF Government possession" Attorney
General Clark consequently con-
cluded that this duration recital
had superseded and rendered obso-
lete the old clause upon which MIR,
Lewis claimed the right to reopen
negotiations. Although one of the
express purposes of the governments
suit is TO get a declaratory Judgment
confirming the Clark opinion on
this point, this seems at first i'm
preston to be a side issue. II an.
nouncing that a contract Is termi-
mated Is the equivalent in the coal
industry of calling q strike, as the
government urges, it would seem to
make no difference whether or not
such notice Of termination was a
breach of contract. Once q facility
is in Government possession the
Smith Connally Act forbids insti-
eating strikes, irrespective of their
legality under contract law.
Application Tenuous.
1t must be remembered, however.
that the jurisdiction of the courts
to grant injunctions Ia labor dis
puteS has become extremely tenuous
as result Of the Norris-La Guardia
Act. Consequently, when tempor-
ary restraining order was granted
last month by Pennsylvania
court In the Dusquesne Light 81
Power Co. strike, few lawyers ex-
pected the order to be upheld In the
higher courts - Pennsylvania also
having an anti-injunction act. In
that case the city Of Pittsburgh was
the plaintiff. Its petition for relief,
like that of the Federal Government,
was based upon the catastrophe
effect of strike In an industry.
to the health and safety
Of the public rs well as the con-
tinued operation Of other industries
and transportation service. But in
that dispute the union was not
charged with any breach Of con-
tract. Hence the Importance of the
contract issue in the coal case, for
equity courts have historically
granted injunctive relief to prevent
interference with the performance
Of contract obligations.
Since the Injunction is q tradi-
tional bogie to organized labor 1t Is
conceivable that the administration
IN the next few weeks viii be con-
fronted with. the same terrific pres
sure which caused Pittsburgh to
its suit.
The situation Is pregnant with
the possibilities of organized resist
ance to the law. If Lewis and his
lieutenants continue to ignore the
restraining order and thereby sub
Ject themselves to punishment for
contempt Of court, the Government
must face the possibility Of further
defiance by the mine locals. Con-
tinuation of the strike for another
month means a dangerous depletion
Of the coal reserves above ground.
Yet the Federal government cannot
back down without tacitly admitting
that no kind of legal restriction Of
labor activity is capable Of enforce
ment.
To be sure. q special session Of
Congress might result In legislation
which would cure the conceivable
flaws In the Attorney Generals
case. But the efiicacy of any anti
strike legislation depends upon the
force Of the sanction. And the In.
junctiye power, backed by the con-
tempt process, is the strongest
sanction vet devised for preventing
violations Of law. II even sue
cessful contempt action fails to
terminate the strike, 1t Is dificult
to see how any additional legislation
WOULD - halrftsl