Evening star., 1946-12-18
Decision in Lewis Case
Held Anybody's Guess

Held anybody S Guess
Speculation on Its Aftermath
Brings Forth Many Questions
By David Laurence
While the outcome Of the Supreme
Courts consideration of the John L.
Lewis case is anybody's guess, there
is already some speculation as to what
is going to happen whichever way the
court decides.
IT, for instance, the Supreme Court
decides in favor Of the Lewis conten-
ton that no restraining order OF
temporary nature need be honored be-
cause the Norris-La Guardia Act ex-
empts labor unions from injunctions
even by the Government itself. an in
teresting set of consequences may be
expected to flow.
Congress, for instance, would surely
pass legislation remedying the defect
in the statute and giving the Federal
Government exemption from anti-in-
Junction restrictions SO that the Gov
ernment may hereafter enjoin labor
unions in the interest Of the public
welfare.
Also, the administration would be left
with serious problem or its hands
which could conceivably be political
issue. 1t would have to enforce the
Smith Connally law which covers the
incidents arising out of the carrying
on OF a strike while a property Is In
Government possession.
All-Important Question.
II there is no prosecution the Re-
publicans will ask the all-important
question-why didn't the Administration
proceed in the first place under that
explicitly written statute which gov
erned the very kind OF work stoppage
that arose last month in the coal
fields?
The answer given hereabouts Is that
the administration has intended all
along to prosecute under the Smith
Connally law and that the contempt
case outcome doesn't mean that the
prosecution will be abandoned. The
reason why the administration didn't
proceed under the Smith Connally law :
drst is understood to be belief that
the proceedings would drag out two or
three months and that such procedure
did not provide as quick or effective
a remedy as did the injunction method.
But if the Supreme Court finds In
favor of Mr.. Lewis, the administration
t~n ;,, he ~ hox r1,a
the wrong route and now that the strike
has been called off there will be no legal
assurance against further Interrupt
ton unless the Government takes rene
dial steps under the Smith Connally
Law.
Congress, of course. will be In session
and may be counted on to act promptly
when the Supreme Court files its opin-
ion. The court might take the view that
in the absence of explicit exemption the
Federal Government is bound not to use
the injunction process and this would be
| an invitation to Congress to enact
| promptly such an explicit exemption.
| Opportunity for Congress.
Possibly Congress will use the same
| opportunity to replace the present
| Smith Connally provisions. which are
temporary and confined to wartime use.
with new provisions for permanent leg
islation and this, in turn, would afford
the chance to deal with the Norris-La
Guardia Act.
Supposing, on the other hand, that
the Supreme Court decides that the re-
straining order was issued as Q valid
exercise Of the sovereign power. there
will then be no need for further legis-
lation on this point. Congress would be
spared the necessity Of dealing with an
embarrassing political problem.
If the Government wins the contempt
case, would there be criminal proceed
ings under the Smith -Connally law?
This may be doubted because the end
result will have been attained and 1t
will be argued by the administration
that there is no need for further pun
ishment for the work stoppage.
The Supreme Court, to be sure, isn't
going to be influenced by the dilemmas
of Congress or Mr.. Lewis but will con-
centrate on the purely legal aspects OF
the contempt case. 1t is matter Of di-,
vergent opinion among observing law
yers as to how the case will come out
as there are to be found in the manage
ment circle, as well as among labor law
yers of experience. considerable doubt
as to what the decision will be. For
there are legal precedents Of a persua-
sive nature on both sides OF the con-
troversy and 1t remains for the court to
decide the matter wholly on its merits
uninfluenced by pressure from any
source.
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