The Waterbury Democrat., 1946-11-29
Judge

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 that Lewis and the uHf.w. had ioss 6 big round in their naht to escape Legal repFisals for the mine ai1rt- doGn.
 oosdsborNlgh, vho repeatedly has stated his belief that Lewis and the UNIV. are guilty of contempt. re. 1ected Arguments mustered bv e battery of union attorneys.
 Union Centes6s JaAge RewsFlsss The union eontended that the judge was p0weyiess to order the mine walkottt eanceIe6 and that the Government had followed incorrect procedure.
 The legal fight vas over . tenn poraTy order issued by 0oldsbOgOugh Nov. 1s directing Lewis to keep his 5000 soft coal miners at work while the court decided whether the union had a legal right to terminate it's contract with the Government.
 Lewis and the U.M.W. ignored the order and the walk0ut took place on schedule at midnight Nov. %.
 GoldsboFOugh ffl denying the dis missal motion cut through a maze of arguments by counsel oyer whether the proceeding vas erim- inal or civil and whether the Nor Tts-LaGuardia Anti-iniuneti0n act was binding on the Government.
 Says Union Pleaded Gnflty
 This proceeding" the tsadge said "has been for the sole purpose of holding the ststuS quot until there could be . court determination (og the contract termination disputel !" He expressed the belief. but did not formally rule. that the Govern ment was not restricted by the Nor rts-LaGuardia Act. In any case. he said. it is clear that "the court has the right to enjoin a labor union which is about to take steps that would be against the public inter- est. including the interest of the union itself"
 GOldsboFO1gh previously had said that Lewis and the union in effect pleaded guilty t0 contempt when they conceded they had not obeyed his restraining order.
 The judge expressed this opinion as argument continued in It's second day over . motion by defense eoan- Sel 70 dt6miss contempt eharRes against Lewis and his United Mine Workers (AFLJ
 Strikes Gees On
 It vas another open indication that the judge was prepared to rule against Lewis and the union.
 As the argument proceeded, the strike went on threatening the na- ton with industrial paraIySls. It started Nov. 21 after Lewis and the union refused tO obey an order by GOldSb0rOugh to keep the mines open pending a judicial decision on legal issues involved.
 The White House indicated mean, while that President Truman is keeping hands off the coal strike while ~the matter is in the hands of the court"
 PTesS Secretary Charles e. Ross said also neither the President nor ReccnverM0n Director John n. Steelman was involved in any out. side negotiations that may be gO-
  ing on tO settle the walkOut.
 New Lawyer Takes Over
 The judge told T. 0. Townsend. a Charleston CW. Val attorney ap- bearing for the union for the fEst time, that Lewis in effect pleaded guilty to contempt of the courts order before you came into the case"
 TOwnsend challenged that Idea
 The Government in bringing the proceedings against Lewis label them s-civil'- contempt. The union. however, insisted that they con- stitute criminal proeeedins& In that event. Townsend said. @aIl the strict rules Of criminal procedure apply"
 mat would mean aregular iuEy trial with ail the rules of evidence auuFvfng as in anv criminal case. Tns only IhankaGiFing nay de-