The Daily Alaska empire., 1946-11-29
JUDGE CUTS ARGUMENTS
 OFF SHORT
Denies Motion 10 Dismiss Charges : Trial Gets
 Underway df Once

 Judge T. Alan Goldsborough ord. cred John L. Lewis to trial for con- tempt today and upheld the Courts right to enjoin a walkout in the soft coal mines despite Federal anti-injunction laws.
 Overriding Lewis motion for dis missal of the contempt action brought by the Government. Colds borough declared:
 The is-LaGuardia Act G.d not and does not apply. and the Court has the same rights as it had pricr to passage of the Norris LaGuardia Act
 GoldSborougn said his court had the right to enjoin "a Labor Union which was about to do something against the good Of the Public and the Union itself
 Union Contention
 Lewis and his United Mine Work CTS oontended that the Norris-La- Guardia Act, c,ubing the use of restraining orders and injunctions in labor disputes, nullified Colds boroush's restraining order of Nov. l8 and was grounds for dismissal of the whole contempt of court action. saying Lewis had the right to ignore 1t,
 Government attorneys on the ether issr3 .sv41ld the lss.k 4sssss not apply where the Government itself was acting as operator of the $500 soft coal mines seized during another crippling strike last spring.
 Argument Cut Short
 Goldsborough's ruling cut short day and half of argument by attorneys for Lewis that the Court lacked authority to restrain the UNIV from terminating it's Gov ernment contract This notice by Lewis was followed by a walkout or 4OO.UO0 miners.
 The Court repeats" Goldsbor- ough said, that this proceeding was for the sole purpose of main taining the status quo in this dis pute.p
 Befcre handing down his deci- slcn. the judge had remarked that Lewis in effect had pleaded guilty to contempt by refusing to obey the Courts order to keep the coal contract in force.
 Motion Ovcrruled
 This was promptly challenged by one of Lewis lawyers. T. c. Town send, who said;
 He hasn't entered any plea of guilty. your honor.'
 After scme argument over legal technicalities. the Judge ruled. The motion to discharge and va cate the motion is overruled'
 He then called five minute re- cess. Chief Government counsel John F. Soinett announced that the Government was ready to pre- sent it's first witness against Lewis Navy Captain N. H. Collisson. Federal Coal Mines Administrator After the recess, court was ad- journed until 2.30 pm.
 Not Guilty" Plea
 John L. Lewis today entered 2 foimal plea of not guilty as Fed eral Judge T. Alan Golelshorough re- sumed the contempt ot court action against him
 The United Mine Workers Presi dent also waived any right to an sd- visory jury. leaving the District Court Judge sole arbiter of the case.
 Ordered to Proceed
 The government immediately pre- sented Navy Capt. Norman P. Collis- son, Federal Coal Mines Administra- tor, as first witness against the leader of 100000 striking miners One of Lewis lawyers immediately objected to Collisions testimony on the ground that the whole proceed ing was illegal.
 First Witness
 The court noted his objection and then directed Assistant Attorney General John F. Sonnett. chief government counsel to go ahead with his examination of Collisson. {; In Lewis behalf. Hopkins told the court he was entering the plea oi innocent in order that the record will be abundantly clear" | Earlier in the day, Goldsborough had observed that Lewis already had pleaded guilty in effect, by his announced non compliance with the courts stop-strike order of Novem- Der IS.