Evening star., 1946-05-27
Present Law Adequate
For Labor Situation
Truman Has Authority Now to
. Deal With Any Strike.
Ry David laurence

By David Lawrence
BY a dramatic speech on the radio
and an address to joint session OF
Congress, President Truman has sought
to give the impression that he needed
new laws to prevent such a National
disaster as the rail strike. Actually he
has had plenty of law but he has either
been unwilling or reluctant for political
reasons to enforce the existing laws.
The Smith-Connally law which has
been on the statute books since June
Is, 1943, has ample authority in it for
the President to have used in prevent
ing railroad strike or the closing down
of numerous coal mines since the Fed
eral Government seized them. Here is
the exact language of section six of
the Smith -Connally law:
"(A). Whenever any plant, mine or
facility is in the possession of the
United States it shall be unlawful for
any person, % to coerce, instgate in
duce, conspire with, or encourage any
person to interfere, by lockout, strike,
showdown, or other interruption, with
facility or % to aid any such lock out,
strike, loWdown, or other interruption
interfering with the operation of such
plant, mine. or facility by giving direc-
ton or guidance in the conduct of such
interruption, or by providing funds for
the conduct or direction thereof or for
the payment of strike, unemployment,
n
therein. No individual shall be deemed
to have violated the provisions Of this
section by reason only of his having
ceased or having refused to continue
TO work or accept employment.
Penalties Provided.
"(B). Any person who wilfully violates
any provision of this section shall be
subject to fine of not more than
$4,000, or to imprisonment for not more
than one year, or both"
The foregoing in effect forbids the
calling of strike during Government
seizure or the continuance of a strike
through any organized direction. The
same law defines person" as meaning
IAN individual, partnership, association,
corporation, business trust, or any or
ganlzed group of persons"
This means that during the period of
seizure no local or National union could
lawfully have held any meeting or in
formal gathering and no two persons
like Messrs. Whitney and Johnston
could lawfully meet together ito aid"
any strike or interruption by giving
direction or guidance in the conduct of
such interruption"
The 'fVe-day truce" was violation
OF the Smith-Connally law because it
happened after the railroads were seized
and SO also was the sending of messages
TO the unions telling them what to do
during the flve-day truce There is
story going the rounds that Mr.. Truman
promised immunity from prosecution
under the Smith-Connally law as
means OF persuading the leaders to
make the five-day truce He had no
such right under the Constitution and
II Is to be hoped the story is not true.
Effect on Mines.
Inc closing down of the mines during
the period of seizure if it came about
as result of consultation between two
or more members of the union con-
stituted violation of the Smith Con-
nally law
A lew observers in Congress have sue-
gested that maybe transportation was
excluded from the Smith-Connallv 1su
lhls impression arose because in certain
references to war contractor"
carrier is specifically exempted from
obligations and also, in one instance in
VolVlng procedure formula for settle
ment OF disputes the National War
Labor Board was not to act on matters
within the Railway Mediation Acts
Juflsdlctlon. But there is. on the other
hand, no reference in the Smith-Con-
nally law to exemption for the emploves
OF the carriers. Also section six. quoted
above, is not qualified or limited in anv
way out refers to any plant, mine or
facility in the possession of the United
States. Long before the Smith-Con-
nally seizure law was passed. the Pres
ldent had the right under a 1916 statute
to seize the railroads in time of war
which is the legal definition of the
| present period. So section six of the
Smith -Connally law refers to anv plant
nllne or facility already seized bv the
| Government irrespective of the statute
under which the seizure was made.
Order Followed Wording.
The President moreover. specifically
included the Smith, -Connally law in the
wording of his executive order seizing
the railroads and he repeats the same
language in the new emergency bill to
| draft workers so if transportation were
excluded under the Smith-Connallv law
| 1t would also be excluded from the
| very provisions of the emergency bill
passed last Saturday by the House to
take care OF any rail strike IN the tu-
| ture.
MI truman is still temporizing with
the LABOR problem. He now wants a
! SIX months study made-as if this sub
Ject mad not received thorough study
| by Congress for more than 10 wears
and by his own labor management con-
terence. 1t may be that Mr. Truman
Is preparing to play along further with
the labor vote by vetoing the new Ball
smlth-Taft bill which was passed last
saturday night by the Senate as a sub
stltIte for the Case bill of the House
1hls would mean more procrastination
ana avoidance while small groups in the
| HOmmllnjtU ,,-i+l