Evening star., 1946-12-04
Coal
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note an appeal to higher court
Federal attorneys, it was said, will
move to take the case direct to the
Supreme Court rather than wait fol
the Court of Appeals to act.
Justice, Goldsborough found Mr.
Lewis and the union "willfully
/ wrongfully and deliberately" dis
! obeyed his strike restraining order
of November .18. The defense never
made move to show that Mr. Lewis
took any step to comply with the
order.
The court said earlier if it was
found Mr.. Lewis contempt was will
!, full" the penalty would be much
greater.
A union official indicated that a
stay of execution would be sought If
Mr.. Lewis is sentenced to jail.
Should the court deny it, defense
counsel probably could win release
through habeas corpus proceedings.
Meanwhile, organized labor was
rallying behind the mine workers.
The Philadelphia local of the Amer
lean Federation of Hosiery Workers,
affiliated with the rival CIO, do
mated $1,000 for the Lewis defense.
The union said the contempt con-
viction, if upheld, will set prece-
dent that will gravely endanger the
status of the entire labor movement
and jeopardize "the constitutional
rights of American labor"
Council Protests to Judge.
The Cleveland District Council o1
the CIO telegraphed Justice Colds
borough that it took vigorous ex-
ception" to his decision against Mr.
Lewis.
eft is very apparent" the tele-
gram read, "that rulings which have
been made set the precedent for
permitting a judge to arbitrarily
set aside law without regard to
its constitutional correctness. This
is not a judicial process. 1t is bow
ing to artificial hysteria created by
newspapers and special interests"
One thing the Government fears
most in its battle with Mr.. Lewis is
that he will obtain the backing OF
all labor, which could have grave
consequences and even bring about
q general strike.
The sentencing of Mr.. Lewis will
leave only one thing undone in the
present court move against the
miners strike-action by Justice
GoIdsborough on an injunction
against the strike to take the place
of the preliminary restraining order
which expires Saturday.
The court could call for further
argument on the injunction or he
could decide the matter already had
been covered sufficiently to permit
him to rule.
Contract Prospects Glimmer.
Prospects glimmered for resump-
ton of contract negotiations between
MIR. Lewis and the mine operators
deadlocked since before the Gov
ernment seized the pits last May.
Chances for getting together
faded yesterday when Edward r.
Burke resigned as president of the
Southern Coal Producers Associa-
tion. Mr.. Burke had expressed will
ingness to bargain with Mr.. Lewis,
but his colleagues voted him down.
Still another indication that no
strike settlement is in sight came in
the ringing defiance of the state
ment Mr.. Lewis made in court imme-
diately after Justice Goldsborough
found him guilty.
Taking sharp issue with the court
for ruling that the Norris-La Guar
dia (anti-injuction) Act does not
apply in this case, Mr.. Lewis ex-
pressed his determination to firm
ly stand" on his constitutional
rights" He said that in line with
AFL policy on the injunction issue,
he was prepared to accept what
ever consequences may follow"
Recent events" he added, have
greatly and acutely enhanced our
initial conviction"
Defends Unions Position.
This apparently referred to the
unions belief that it had a right to
void its contract with the Govern
ment, as well as to the policy Mr..
Lewis followed in ignoring the
courts restraining order.
In finding that Mr.. Lewis and
the union "willfully" disobeyed his
restraining order even though they
had taken the position that they
had "done no act nor spoken any
word after it was issued, Justice
Goldsborough said:
"It has been for some years, and
is now, as the defendants at all
times well knew, the well-estab-
hshed policy of the defendant union,
consistently adhered to by its MEM
bers, that the miners win not work
in the absence of a contract, and
that upon the declaration OF the de-
PENDANTS that no contract exists,
the miners cease work.
mo other stoppage order ever goes
out. Such declaration of no con-
tract is, in fact, a call to strike"
This statement, prepared by the
Justice Department, became the
judges own when he adopted find
ings of fact and conclusions of law"
announced by the Government late
yesterday,