Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1946-11-27
FOOD Shortages In Major Cities Nav Develop Soon
Court Authority
bChaIIenged
By MineChief
Old Law PIeuded
BY AL Attorney
In Arguing Case

> S
Washington. Nov. Ell (AP)
Federal Judge L. Alan Colds
borough today ordered ten
day extension Of his order of
November IL, which was design
to avert soft coal wllkout.
The extension was ordered at
the request of Assistant Attorney
General John L. Sonnet, who
broke into John l.. Lewis con-
tempt hearing just twenty
minutes before the order was
due TO expire at , y. m. EST.
Sonnet interrupted lengthy
argument by Joseph Padway,
AFL general counsel, who was
seeking dismissal of contempt
action against the United Mine
Workers and their president.
Lewis counsel promptly an
nOunced that the UNIV chief,
who is challenging the courts
right to issue the original order,
would not accept service Of the
eNtender.
Lewis, seated behind his lawyers
IN the crowded court room, smiled
for almost the first time since the
hSdi HiS pptiltu lllS IllOIllulp, Dul
said nothing.
There was Il hurried SottO-voicc
consultation between the Judge and
counsel for both sides.
Sonnet then said Lewis would be
served with the order when he left
the court building.
The original order instructed
Lewis To Withdraw his November IL
hn
tract with the government.
Washington. Nov. 27.--RI-Fcd-
cral Judge r. Alan GoldSbor0ugh said
today John l.. Lewis and his United
Mine Workers are guilty Of con-
tempt OF court" if il is proved legal
| ly they disrcgardcd his order
against coal mine walkOm.
In those words, GOldslJdrough in
Dictated that his decision III the con-
Tempt case against Lewis and his
! miners would net be influenced by
| The unions claim that the stop
strike order violated tho NorriS-La-
! Guardia anti-injuT ton act
Regardless of whether or not the
Norris-LaGuardia act applies in the
soft coal case. GoldSbGroueh said,
no one can disCbey a restraining
order.
"If tho defendants diSrcgarded the
restraining order, then they are
guilty of contempt of court whether
the NorriS-LaGUardia act applies or
docs not apply. That. in This courts
opinion, is the law"
| Lewis, who sat StCny-idCcd with
his attorneys, and the UNIV SO far
have made no attempt 10 show that
they tried TO obey the Judges re-
Straininp order Of November lS.
which instructed tho UNIV chief TO
Withdraw his notice of The govern
mcnt that their working agreement
was ending November 20.
Shortly after his sharp injection
GOldsbOroueh recessed court and
cleared tho room. The whole morn
ing had been taken up with argyll
mcnts of three Lewis lawyers seek
ing to win dismissal OF the con
tempt action.
Prior TO the recess. Joseph Pad
way. general cOnSel for the AFL
appearing in a demonstration O'
ALL solidarity behind Lewis, dis
agreed with GOldSborough'S analy.
sis of the law. Padway told the court
/
the mine workers chief that he wa!
within his right in. disregarding thu
restraining order.
The justice drew laugh when III
remarked dryly:
The cemetery is full nf rcopl,
who took the doctors advice"
In another point Goldsborough re-
marked that Lewis and the Unitc'
Mine Workers made very grea
,, mistake" in walking out before tn
, court ruled on their contract dis
pute with the government.
"Thc court feels that your actio
! in not waiting for a judicial deter
mination was very great mistak
on your part
Goldsborough said the real issu
which the court hoped 10 settle wa
whether Lewis had the right to brca
off his contra.t with tho govern
4 mcnt or whether. Under The Smith
s Connallys labor disputes act, nc wa
r obligated to keep his miners on III
6 job for duration Of g0vcrnmer
!, operation.
= Washington, Nov. 27.--(P)-Joh
n l.. Lewis today challenged the RICH
u oil tCucTal court 10 try MIN ~
e contempt in the soft coal strike, cit
ing congressional act restraining Til
- use of iniunctions in labor disputes
Joseph Padway, general couns
for the American Federation Of La
Dor, appeared in Lewis behalf II
the first time. He promptly cited III
Norris La Guardia act in opening al
guments for dismissal of the case.
Continued on Page Eighty