Evening star., 1946-12-03
Use Of Injunction
Attacked by Chief
Of Mine Workers
(Tert of LeDis Statement
on Page A-5.)
By jones Y. Newton

John L. Lewis and his United
Mine Workers today were found
guilty of contempt of court for
disregarding an order designed
to avert the Nationwide coal
strike.
Justice T. Alan Goldsborough,
who announced the historic verdict
in District Court, deferred sentence
until 10 am. tomorrow TO permit
counsel for both Mr.. Lewis and the
Government to make suggestions as
to what they thought the sentence
should be-a procedure which the
court admitted was somewhat UNI
usual but certainly not improper.
The end of the trial came with
startling suddenness. Less than an
hour before the verdict was an
nounced, the defense had abruptly
rested its case without calling a
single witness.
Mr.. Lewis was not required to
post the bond which Justice Colds
borough said was customary IN
contempt cases, and was released IN
custody of his attorneys.
The heavy-set mine union leader,
who delivered an address to the
court just before the formal verdict
was given. now is subject to almost
any penalty the court sees mt to give.
Justice Goldsborough could fine
Mr.. Lewis and the union or he could
give the union leader jail sentence
as well as fine for contempt OF his
court.
Lewis Indicates Appeal.
The conviction of Mr. Lewis and
the union resulted from their fall
ure to comply with restraining
order issued by Justice Goldsbor-
ough November 18, requiring them
to call off the soft coal strike.
Mr.. Lewis, in his impassioned
statement made from the floor OF
the courtroom, took sharp issue with
Justice Goldsborough's earlier rul-
ing that the Norris-La Guardia
eAnti-injunction3 Act does not ap-
ply to the Government in the coal
case.
He told the court bluntly that
the act lin plain language, which
any intelligent citizen can under
stand" provides protection for labor
unions against injunctions even
from the Government.
Mr.. Lewis indicated that the
argument over the application OF
the Norris-La Guardia Act in the
case was not at an end, and that
the matter would be appealed, He
also argued the Clayton Act of 1914
also forbade issuance of injunctionS
in labor disputes.
"But above and beyond those
statutes" Mr.. Lewis said, there is a
Federal Constitution binding on all,
even upon the Government, and that
Constitution guarantees to the
miners. as it does to all citizens,
freedom of speech, freedom of press,
freedom of assemblage and freedom
from involuntary servitude.
First Public Statement.
"Your Injunction, sir" he told the
court, 81 respectfully submit, de-
prives the miners of these constitu-
tional rights As citizens, the miners
and I stand upon the rights guaran-
teed in the Constitution. This is
labor's traditional position
Mr.. Lewis address to the court
was his first public statement since
he notified Secretary of Interior
Krug on November Is that he was
terminating" the Government con-
tract with the miners five days later.
AS result of that termination"
notice the 100000 soft coal miners
walked out at midnight November 20.
Three days before the miners left
their jobs in following their tradi-
tional "no-contract-no-work" policy,
Justice Goldsborough. on petition of
the Justice Department, issued his
order requiring Mr.. Lewis and the
union to recall the termination no.
tice. The order was ignored and
Mr.. Lewis and his union were cited
for contempt the day following the
strike.
Although Justice Goldsborough
did not formally find Mr.. Lewis and
the union in contempt until the
union leader had concluded his ad-i
dress, he had informally delivered
a verdict before Mr. Lewis spoke.
Assistant Attorney General John
F. Sonnet, heading the prosecution,
mad submitted to the court for
NAL finding of fact" that the de-
-