Evening star., 1946-12-06
CIO and AFL Seen
Misleading Members

MtSI60uiHg NiGIHDGIS
Labor Chiefs Try to Give Idea
Writ Was Improperly Issued
By Dapid Laurence
Both the CIo and the AFL in their
public statements commenting on JUS
tice Goldsborough's decision are mis-
leading their followers. The labor chiefs
are trying to convey the impression that
the injunction which John L. Lewis
violated was not properly issued under
the Norris-La Guardia law. Actually
the fine was imposed for contempt in
violating temporary restraining order
issued by the court before there could
be q determination on whether or
not the Norris-La Guardia Act did
apply. 81
What Mr.. Lewis violated was an order
OF the court asking him to maintain the
status quo and not abrogate his con-
tract with the Government Although
Mr. Lewis claimed he had the right to
terminate the contract, this issue was
to be determined by court hearing.
Before there could be such hearing,
Mr.. Lewis failed to restore the condi-
ton existent prior to his public state
ment that the contract was terminated.
1t is against the judicial authority Of
the Government of the United States
that Mr.. Lewis Is In contempt. He has
fiouted the courts, and this is punish
able by fine commensurate with the
damage done by failing to obey. The
fine of s3,500000 is but pittance COM
pared to the injury done American in
dustry and the people generally by the
coal strike which Mr.. Lewis had it In
his power to cancel.
Called Childish Temper.
The outburst by the AFL and CIo
against Justice Goldsborough's decision
means apparently that union labor does
not consider any court can restrain even
temporarily any labor union and that
labor unions are above the law. When
some miners say they will not dig coal
now because of the injunction or when
some of their leaders say that "psy-
Geological" situation has been created
which is adverse to resumption of coal
| mining the public will understand this
| as bit of childish temper and not
| we'll considered view. For when Ameri-
can citizens say they will defy court
| and will not obey its orders, even when
| issued temporarily in order to afford
| time to have a full hearing on all legal
issues, they are in effect showing pro-
| found disrespect for the American sys-
tenn of law and are advocating anarchy
| and revolution.
The AFL and CIO have historically
been opposed to the use of injunctions.
/ The Norris-La Guardia Act exempts
labor disputes from injunctions, and
this in turn has led to mass picketing
/ and violence to such an extent that
amendments to the Norris-La Guardia
/ law are sure to be passed at the next
session of Congress. The AFL and CIo,
by their attitude in the coal-mine case,
1 have helped to create sentiment for
revision of the statute.
The real question-whether the Norris
La Guardia Act does or does not apply
to the Government itself when it is in
volved in a labor disputes one on
which well-informed lawyers differ The
| Government is really not party to
labor's quarrels when it seizes a prop
erty and acts as trustee for both
miners and operators until they can
agree on terms of contract. The
power of the Government to seize mines
and see that they continue to operate
1 ocfa 49,,
/ the Congress in what is known as the
/ Smith-ConnaIy Act. To say that the
| Norris-La Guardia Act-a previously
/ adopted laW-limits subsequent Con-
gress which provides a wartime remedy
for labor disputes, is to say that the
sovereign power of Government is limit
ed for all times by the narrow terms of
| previous statute.
| Misrepresent Opinion.
! But even though the issue is open to
| differences of opinion and it is one that
| the Supreme Court of the United States
| viii soon have to decide, this is no ex-
| cuse for either the AFL or the CIO TO
distort and nlisrepresent the opinion
| rendered by Justice Goldsborough, who
| made it crystal clear that he was
/ Furnishing the miners union and Lewis
| for violating a temporary restraining
order. This order was issued by the
court under the broad powers of the
judiciary which enable courts to keep
| things as they are between disputants
! until issues can be determined in an
| orderly way.
| The Congress which meets next JAM
uary will not be intinlidated by the
| prattle about liberties being taken away
by injunctions. The liberty" visualized
by labor union leaders today is not
| liberty but license-the right, for in
| stance, to injure people who languish
| In hospitals for lack of light at the
| operating tables, the right to withhold
| fuel and power and necessities of life
from the public generally. All this Is
called 'tliberty" in the name of Con-
stituticn which allegedly protects labor
union or group against the peoples
/ interest as whole.
The CIO and AFL have blundered and
| hurt their cause irreparably by their
denunciation of Justice Goldsborough.
tReproduction Rights Reserved,
Agriculture Is Sick
| From the London Daily Mail.
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