Evening star., 1946-11-20
Thin Leaul Line

up MS MIND whether he is going to
obey or defy the Federal courts, the
rest Of the American people would
be well advised to consider how little
there Is in the law to protect them
against what the Government now
describes as "irreparable injury" at
the hands OF men like Mr.. Lewis.
The Department Of Justice is pro-
ceeding against Mr.. Lewis on several
theories. One is that he cannot. on
his own motion. lawfully terminate
the contract with Secretary Krug,
under which the miners have been
working. Another Is that the notice
OF contract termination sent by Mr..
Lewis to Mr.. Krug is an unlawful act
since it amounts in practical effect
to q strike call. This is based on the
iong-standing tradition that the
miners will not work without q con-
tract. A third is the interesting and
somewhat novel theory that the
Government. being in possession Of
the mines. Is entitled to an injunc-
ton to prevent an interference with
the sovereign functions Of the
United States"
But the significant thing is that
none Of these theories would have
the slightest force or legal effect il
1t were not for the fact that the
smith -Connally Act - q temporary
wartime measure - Is still on the
statute books. II 1t were not for the
existence of this law Mr.. Krug would
not have had contract with Mr..
Lewis. It is the Smith, -Connally Act
which makes 1t unlawful for Mr..
Lewis to call Z strike, either directly
or indirectly. And finally, were It
not for this statute, the Government
would not be in possession Of the
mines, and consequently would not
De In position to claim any inter-
ference with It's sovereign functions.
This shows how thin the legal line
is-how helpless the Government
would be II Congress had needed the
critics and repealed the Smith-Con-
nally Act last year or the year be-
fore.
Yet the fact remains that this is
a wartime statute. It will lapse with
the formal end Of hostilities, and
with its expiration there win dis
appear also what Attorney General
Clark frankly comedies are the only
bases for the Governments present
appeal to the court.
Responsible ofilcials and thought
ful citizens should be asking them
selves the question: what then7 Not
so long ago it was claimed that
strikes were being oyeremphasized:
that it was silly to worry about
strikes when the number Of men on
strike was SO small in comparison to
the number of men at work. But
that tune has changed and the Gov
ernment itself now formally pro-
claims that this one strike threat
ems to result in irreparable injury
to the people Of the United States.
and that unless this court inter-
venes national catastrophe.
disastrous to the health, safety and
welfare OF the Nation and the ma
tional economy, will result"
II the Government believes this to
be true, which 1t undoubtedly does,
1t should be deeply disturbed at the
prospect of having to seek relief
through the medium OF a wartime
statute which will soon expire. And
the people Of this country should be
no less disturbed. For Mr.. Lewis,
however unwittingly, is demonstrat-
Ing to them that unless permanent
and effective labor legislation is en-
acted in the next Congress they win
soon be entirely at the mercy Of men
like himself.