The Daily Alaska empire., 1946-11-27
MINE CHIEF
 MAY NOT BE
 SENT T0JAIL
Arguments Begun in Mine Strike Case = Restrain
 ing Order Extended

WASflNGlON, NOV. ZI.-A re- mark by the presiding judge that 'notcdy's comfort" will be disturbed 'oday was interpreted by attorneys for both the government and United Mine Workers as indicating no jail sentence will he imposed in the John L, Lewis contempt case
 At the same time the Judge, T. Alan Goldsborough, expressed the informal opinion that anyone who violates Federal court order is guilty of contempt of court"
 On Government motion, Colds borough ordered a l0-day exten- sion Of the restraining order which the crux of the contempt charge. Othsrwisc it would have expired at 8 D. m
 Two of Lewis lawyers and one plv- ernment attorney told reporters that they interpreted the Judges re- mark about "anyone's comfort" to mean that he did not intend to send the United Mine Workers chief to jail regardless of what happens. That would leave only the possibility of fine. if Lewis is adjudgsd ln contempt
 Injunction Extended
 Tn issuing a To-day extension of his Nov. l5 injunction. Goldsborough kept alive the order which Lewis is accused of ignoring That order directs Lewis e fescind his contract termination notice to the govern naent. Lewis refusal to obsy the or der signaled last weeks walkout of 4co,00c soft coal miners. Goldsborough commented often in low voice. He said that no one can diso'.ay restraining order. re- gardless of whether or not the Norris LaGuardia act applies in the soft coal case. This act, which limits the use of injunctions in labor dis putes, was one of the principal ar guments advanced by Lewis law yers in their effort to have the case dismissed.
 Defense Contentious When court reconvened after lunch. AFL counsel Joseph Padway took issue with Judge Goldsborough's contention that the contempt action was started by the sovereign power, by society itself" as the Judge de- clared at Mondays preliminary hear ing.
 The Union attorney contended that private operators are still running the mines under government di- rection.
 This Padway said. "ls utilization or private mentalities in what is al- leged 10 be a sovereign function" Padway argued that the govern ment regarded itself only as a ''tem- porary custodian" of the coal mines, and told Lewis to bargain with the private coal operators instead of with the government
 John F. Sonnett. chief government counsel, objected to what he called Pathways misstatements of fact but Goldsborough permitted the AFL attorney to continue. No Disobeying Order
 Regardless of whether or not the Norfis-La Guardia act applies in the soft coal case Goldsborough said, no one can disobey restraining or der
 If that could be done, we would have an anarchy" the Judge com mented
 Prior to the noon recess, Joseph Padway, general counsel of the AFL, appearing in a demonstration of AFL solidarity behind Lewis. disagreed with Goldsboroughs' analysis of the law Padway told the court that Lewis attorneys had advised the mine workers chief that he was within his rights in disregarding the restraining order.
 Jccular Remarks ] The Justice drew a laugh when he remarked dryly:
 The cemetery is full of people who took the doctors advice"
 Lewis attorneys said there would have been no work stoppage If the government had complied with the terms of the contract
 The Judge called on UNIV counsel to explain why the union should not be held to it's contract for the per iod of government possession" of the coal mines.
 1 Secretary of Interior Krug last spring sets that duration on the agreement
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