Evening star., 1946-10-25
Smith-C Connolly Law
Cited in Mine Threat
Leaders Could Face Criminal
Prosecution in Strike Call
Bv David Laurence

By David Laurence
The coal mines of the country are in
possession of the Government and, un-
der the Smith Connally law, there can
be no work stoppage in them without
subjecting those who bring it about to
criminal prosecution.
The press has published statements
to the effect that the United Mine
Workers may not work beyond Novem-
Der /, which Is the date of an agreement
they have with the Federal Government
with respect to working conditions. No
body in the mine workers union has
said there will be work stoppage. This
is merely an inference drawn from the
fact that hitherto the miners have never
worked for private employers when they
did not have contract.
In this instance, the miners spokes-
men are charging the Federal Govern
ment with having preached contract,
but this is a matter which cannot be
decided by union. 1t is something that
can be submitted to court of law for
settlement if the United States Govern
ment consents to the suit, for it is well
known that the Government cannot be
sued without such consent.
Fact Under Law.
But once the mines are seized, 1t j. q
fact that under existing law any one who
conspires to bring about work stopp ge
is guilty of violation of law, and il
doesn't matter whether the workers have
a contract with the Government or are
working for the Government in the eX-
pectation of contract.
The law does not compel anybody to
continue at work but it would be farce
if it were assumed that many thousands
of miners could quit work without some
instructions to that effect even If these
consisted merely of published state
ment to the effect that no contract, no
work" has been the rule of the miners
union. Any act of encouragement of a
work stoppage can be penalized. The
present law reads on this point. with
reference to properties seized by the
Federal Government:
whenever any plant, mine, or facility
is in the possession Of the United States,
it shall be unlawful for any person Cd
to coerce, instigate, induce, conspire
with, or encourage any person, to inter-
fere, by lockout, strike, showdown, or
other interruption, with the operation OF
such plant, mine. or facility, or CD to
aid any such lockout, strike, showdown,
or other interruption interfering with
the operation of such plant, mine, or
facility by giving direction or guidance
in the conduct Of such interruption, or
by providing funds for the conduct or
direction thereof or for the payment of
strike, unemployment, or other benefits
to those participating therein. No indi-
vidual shall be deemed to have violated
the provisions of this section, by reason
only of his having ceased work or having
refused to continue to work or to accept
employment.
ANY person who wilfully violates any
provision of this section shall be subject
to fine of not more than SIS 900, or to
| Imprisonment for not more than one
year, or both"
Answer to question.
individuals, to be sure, may cease work
of their own volition, but 1t is plausible
that a union which operates over far
flung area would not communicate its
wishes to its members through district
officers and that all of the members
would stop work without such instruc-
ton?
The answer to that question may some
day be put squarely before the Justice
Department, which has adequate means
of detecting law violations. The position
of the Federal Government toward en-
forcement of all laws and its prestige
before the country would be damaged
if it failed to enforce the law governing
strikes during Government seizures. 1t
is because the administration is ex-
pected to enforce the law that predic-
tions are being made that there will be
no work stoppage in the coal mines dur
ing the period of Government posses
sion.
The Smith Connally law is part OF the
war-powers statutes but, since neither
the Congress nor the President has pro-
claimed officially the end of the state OF
war, the statute governing seizures re-
mains in full effect. .- -.
Reproduction Rights Reserved)