Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-11-19
Lewis Again Moy Bow
In Coal Strike Threut

1T NOui SITIke ] nre0t
Has Nothing to Gain by Forcing
| Truman TO Crack Down
By David Laurence
The arm Of the law has stretched out
at last from the Federal Government
| to stop strike.
For years the La Guardia- Norris anti.
injunction law has stood between EN-.
ployers and unions and prevented the
courts from intervening In labor dis
| putes.
But President Truman, like some of
his predecessors Cleveland, Wilson and
Harding-has resorted to the power Of
the injunction to preserve the public In
tereSt. This was not the only method
open. The Smith, onnally law provides
criminal penalties for those who dis
courage miners from continuing to
work for the Government. Even the
phrase mo contract-no work" Is such
encouragement and, If attributed to
any mine union leader, can mean prose-
cution
But the provisions of the Smith Com
nally law mean prolonged steps and a
trial BY jury. The violation of an in
junction means charge of contempt
which Is punishable by a Judge alone
and can bring immediate Imprisonment.
Lewis Has Bowed Before.
In past crises, John l.. Lewis, as leader
OF the miners union. has bowed to the
VIII OF the Government. He may do so
again For otherwise he runs the risk OF
| breakup Of his own union by the
Government The seizure Of the funds
OF the union Is but one of many steus
that can demoralize the operations of a
union.
The reasoning that led the admins
tration finally to come to grips with the
miners union has not been revealed, but
1t seems probable that the President
became aware that another Nation
Wide crisis such as occurred when the
ran transportation strike developed last
spring would just about end the Tru-
man administrations chances Of main
tanning any yestige of public confidence
and might even lead to drastic action
In the next Congress. The initiative
might then pass to the Republicans.
1t Is reported, too, that Secretary
Krug. who is courageous individual
with none Of the customary character
istics of political expediency in his
makeup, felt that showdown was
due. The publication of the letters
exchanged with Mr.. Lewis and the sharp
disagreement that the contract was
terminable by the miners union was
signal that the Government at last
was ready to take the case to the courts
and was preparing public opinion for
that contingency.
While the restraining order or injunc-
ton can be argued before November q,
1t seems probable the order will be con-
tinued indefinitely. The problem could
drift for many weeks without a settle
ment Of the legal issues.
Whether much coal will be mined
during the interim is the big question.
The Constitution protects the right Of
the individual not to be forced to work
against his will. But the important
1 point Is whether miner lis refraining
from work because OF his own individual
| decision or as a result of q conspiracy
by two or more other individuals who
have persuaded him not to report for
work.
Can Prosecute Leaders.
The Federal Government can prose-
cute local mine union leaders and can
assert its authority in dozens Of ways.
Certainly there will be some walkouts
and many mirfers viii stay away as q
consequence of the general publicity in
the press to the effect that Mr.. Lewis
terminated the contractor at least
tried to do so.
Whether the miners will recognize
the legal distinctions, and particularly
the view of the Government of the
United States that the contract remains
in effect, Is anybody's guess. Certainly,
If the miners intend to stay out on
strike indefinitely, the President may
call Congress into special session and
ask for authority to draft the miners.
For 1t will be recalled that there has
been no termination of state Of war
and the War Powers Acts and Selectiys
Service System could be amended.
The President proposed similar legis-
lation when the rail workers went out
on strike, and they went back to work
promptly. Mr.. Lewis has nothing to
gain by forcing the President to take an
extreme position. The American people
are commencing Mr.. Truman for what
he has done. but theysw wish he had
proceeded sooner and that he had not
backed away from labor legislation at
the last session of Congress and had
| met the strike issues firmly.
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