Evening star., 1946-05-11
Mine Seizure Effect
Weighed by Officials
Smith Connally Act Protects
Those Who Just Cease Work
BY Berfram Benedict

BY Berfram Benedict
One group of President Trumans ad-
visers is believed to be urging him to
take over the coal mines for the Gov
ernment, under authority of the Smith
Conna1iy Antistrike Act of June Is,
1943. 1t is argued that the miners would
be less inclined to continue their strike
If 1t should become a strike against the
Government. In 1943 John L. Lewis or
dered the miners back to work only if
the Government continued to hold the
mines.
Another group of presidential advisers
Is believed to agree with Senator Wheel
er, Democrat, of Montana, who told the
Senate on Tuesday: IF the Govern
ment were to take over the mines, tho
Smith-Connally Act would have no ef-
feet whatever, in my opinion"
The so-called Antistrike Act is Curl
ously phrased Congress rushed it
through in 1S43 after coal stoppages had
threatened to tie up war production. In
both houses President Rooseyelt's veto
of the measure was overridden without
debate.
Confusing Phraseology.
The act first authorizes the Govern.
ment to take over any struck plant or
facility necessary to the war effort, then
forbids any person to encourage any
person" to interfere with the operation
OF any such plant by a strike or to sup
port such strike. But mo individual
shall q IN hau iolo -
provisions by reason only of his having
ceased work"
1t would seem, accordingly, as though
strike in the coal mines would not
be illegal in itself if the Government
took over the mines, especially a strike
already in effect; what would be illegal
would be support of the strike. Another
section of the act requires 80 days no.
tice OF labor dispute threatening to
interfere with war production; within
those 80 days the employer and en-
ployes concerned shall continue pro-
duction under all the conditions which
prevailed when such dispute arose"
The miners gave the required notice
before striking.
separate times by the Government, in
1s43, 1914 and 1s45. During some of
these periods of Government occupa-
ton strikes were continued. The first
seizure of the mines came on Nav l.
F943, with President Roosevelt citing
his authority as Commander in Chief
in time of war. On April 80 the union
had permitted" a work stoppaee on
the grounds that the contract had ex-
pired. On May the union announced
truce" until May Is, later extended
1t until May 81.
Strikes Continued.
On June l, another work stoppaae.
On June the President ordered" the
miners to resume work on June and
most of them obeyed. On June lS the
miners struck again: on June % were
told by the union to go back until Octo-
Der 81, provided the Government did
not in the meantime turn the mines
back to the operators. The mines were
turned back during October, had to be
taken over again on November /, this
time under the Smith -Connally Act
Ihey had all been turned back before
July, 1914
Throughout this period and later the
issue Of wages and working conditions
was before the War Labor Board and
Secretary of the Interior Ickes either
as solid fuel administrator or as head
OF the Coal Mines Administration. In
1914 Ickes signed a contract with the
union which the War Labor Board
approved on April 7. 1874 However,
various strikes caused various mines to
be taken over again in the late summer
OF 1914 and the spring OF l945. A work
stoppage by supervisory employees caused
another Government occupation in the
fall OF 1s45. Lewis did not exactly order
this stoppage, but on October II he
ordered the supervisory employees back
to work lin the public interest"