Evening star., 1946-11-27

the case, few here from Honolulu
this week.
Justice Goldsborough suggested
the first order be to determine
whether the Norris-La Guardia Act
applies in the case.
Welly K. Hopkins, chief corn-
sci for the UNIV, informed JUS
tice Goldsborough that he had
filed a motion with the civil
clerk of District Court to vacate or
dismiss the contempt charge as well
as the Government petition for an
injunction to force an end of the
strike.
Dismissal Plea Started.
Justice Goldsborough ordered Mr..
Hopkins and Mr.. Padway to proceed
to argue their motion to dismiss the
case. Mr.. Padway then started the
defense dismissal plea.
His case was based on the
argument that the Norris La
Guardia Act prevents even the
Government from obtaining injunc-
tions against unions In strikes.
Mr.. Padway began by reviewing
the history behind that act-"the
hue and cry dating back to Presi-
dent Theodore Roosevelt's time to
outlaw government by injunction.
He said Congress in considering
the act held labor was a human
being, not a commodity or article
|of commerce." and added Congress
believed "protectional" devices should
be set up to save labor from govern
ment by injunction"
Called Binding on Government.
Mr.. Padway then called attention
to Justice Goldsborough's stop-strike
order served on Mr.. Lewis Novem-
ber 18.
"If there ever was a command to
go back to work, this order COM
mands that very thing" the AFL
counsel declared.
The Government contends that
the act does not apply when the en-
ployer is the Government as In the
case of the coal mines.
Mr.. Padway, however, declared:
81 maintain that public policy is
as binding upon the Government as
it is upon the citizenry."
II get the impression from the
Governments brief that everybody
Is bound by the declared public
policy except the Government" he
added.
There is no exception in favor
of the Government. The claim that
such an exception exists is a per-
version of the law"
Smith Connally Act Hit.
At one point, Mr. Padway con-
tended the Smith Connally Act sis
not constitutional act"
Justice Goldsborough remarked
that certain union actions Mr. Pad
way mentioned in outlining his
case would be in violation of the
Smith -Connally Act"
Mr. Padway said he considered the
act unconstitutional and would pre-
sent argument on the point "in due
time
After Mr.. Padway had struck
briefly at the Smith-C Connally Act,
Justice Goldsborough interrupted:
you are trying to blame all that
on me-"
Mr. Padway replied:
II am trying to aid the court In
avoiding bringing back those things
-injunctional procedures - from
which the Norris-La Guardia Act
protected labor"
Government Role Cited.
"You may be right Justice Colds
borough said, 'but what you are
unconsciously contending is this
that where society tries to avoid
hunger, maintain production, and so
forth, it is engaging in a labor dis
pute."
In applying for the strike-re-
straining order Justice Goldsborough
issued November 18, the Justice De-
partment held the Norris-La Guardia
Act was inapplicable in the Lewis
case because the Constitution for
bids interference with the Govern
ment in carrying out its sovereign
functions to protect the public well
fare.
Federal counsel argued that the
Government, as sovereign, could not
be held to be involved in labor
dispute. Therefore, they contended,
the Norris-La Guardia Act would
not apply.
Henry Kaiser, one of Mr.. Lewis
attorneys, argued the Government
feels it is "all right for it to call on
the court to abuse its jurisdiction. "
The only circumstance in this case
that differentiates it from any case
under the Norris-La Guardia Act
was the order putting the mines un-
der the Government, counsel said.
Turning to the termination" oil
the contract, Mr.. Kaiser said: "NoI
one can say at this time that Mr..
Lewis did not correctly interpret the
contract"
Justice Goldsborough said the pic