Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-11-22
Retreat Held Lewis
Only Escape Route
Issue Now Is Government Power
To Enforce Order Of Court

Issue Now Is Government Power
To Enforce Order Of Court
By David Laurence
John L. Lewis and the miners union
have placed themselves in an untenable
position. There is only one way out
retreat.
The issue now Is not whether the
Government had an ambiguous con.
tract with the miners union which
could be terminated by the union. Ths
issue no longer Is labor dispute at all.
1t is simple matter of Government
power to enforce the order Of court.
Many people who are not familiar
with the meaning OF restraining order
viii learn for the first time that the
judicial branch of the Government has
power OF It's own derived from the
Constitution and from legal practice
extending back through centuries Of
time.
The theory back Of restraining order
is that, until the merits Of dispute can
be heard, both sides must agree to main-
tain the existing conditions unchanged.
In other words, If damage may result
from the immediate action of one party
or the other in civil dispute, the court
orders both to let things stands as they
are. If either party makes a change,
the court can punish that party for
contempt.
Act Against Court Itself.
The first restraining order" is called
temporary" and means delay of only
few days till the court can hear the
argument and decide whether to ''va-
cate" or withdraw the temporary order
or make it permanent" II made "per-
manent," either party aggrieved can
appeal to higher court.
But when restraining order of any
kind is issued and one party or the
| other alters the existing situation, the
court considers that an act has been
committed against the court itself.
| Punishment for contempt can follow.
Or, if the acts complained of are re-
turned to their original status. the
court can consider that the basis for
the contempt charge" has been re-
moved or 'purged"
What John L. Lewis did was to issue
public statement containing a notifica-
| ton to the Government that the con-
| tract would be terminated. Under Gus
| tom in the miners union, this was
tantamount to an order to stop work.
| The slogan mo Contract, No Work" has
been widely publicized, so that failure to
| withdraw the notice of termination Of
the contract was equivalent to an af.
| firmative act ordering the miners to
| walk out.
The court will take these points I'M
| der consideration at its hearing next
| week and will be advised by panel Of
lawyers, known as an advisory jury"
but not jury in the ordinary sense.
| Contempt charges are not jury mat
| ter. The judge has comprehensive
/ power, but there is appeal from his de-
cisions. Meanwhile, however, the con-
tempt charge stays on and any one who
aggravates the offense by further acts
! stands little chance of winning on an
appeal. -
/ Lie
usually referred to as an injunction,
means that the courts are empowered
| to prevent damage till the merits are
considered by judicial proceeding. 1t
| is as wrong to violate a court order
| as 1t Is for men to take the law into
their own hands and punish by lynch .
law.
No Pressing Necessity.
! The average American wants issues
settled in an orderly way by the courts.
There was no pressing necessity re-
| quiring Mr.. Lewis abruptly to terminate
| the contract with the Government nor
was there any justification for the we'll
spect for reality can accept the explana-
ton that 100000 miners walk out Of
the mines individually without consult
| ing one another or without word from
their local union leaders.
The issue on the restraining order
! Is only one of more to come. The
Smith Connally law provides criminal
penalties for those who encourage or
instigate work stoppage while the
! Government is in possession of amy
| plant, mine or facility" The mines
have been for several months In Gov
eminent possession. The Smith-C Con.
nally law has been fiouted.
The only question now Is whether any
citizen or group of citizens can trample
on the law of the land and take action
contemptuous Of the courts Other
labor leaders In the past have tried it,
and some have served jail sentences.
| But In the end the majesty Of the law
is always triumphant. The miners
union and Lewis may cause widespread
suffering to the Nation but they have
played their last card. Surrender by
Lewis may be confidently expected be-
fore the case comes up for argument
in court next Wednesday.
Justice Goldsborough, a former
Democratic member of the House Of
Representatives from Maryland and an
appointee Of the late President Roose-
welt, wisely allowed time for hot heads
to cool and stubbornness to dissolve.
Also he allowed time for the wrath OF
the miners and their families to rise
>for they are not able to stand long
strike, and many of them do not want
to be classed as revolutionists disobedi.
ent to their own Federal Government.
(Reproduetion Rights Reseryedl
Footnote to q Fable
TotDn Mouse, ToiDn Mouse,
Do you stu remember
Hoic IL sDas in old times