Evening star., 1947-01-14
By james Y. Newton


the Supreme Court today that
John L. Lewis and his United
Mine Workers, by defying the
District Court order to call of
the recent soft coal strike, were
guilty Of IAN insult to the United
States itself" and an action
which compromises all law and
invited the mob rule"
The Attorney General spoke as
the court began hearing oral argn-
ments on an appeal from Justice
T. Alan Goldsborough's issuance
of an injunction against the strike
and the lower courts conviction Of
Mr.. Lewis and the union for ignor-
ing the order. Justice Goldsborough
fined the union $500, 900 and Mr..
Lewis $4,000 for contempt.
Argument Limited.
Mr.. Clark argued the Govern
ment's case personally. Each side
in the controversy was limited to
an hour and a half of oral argument.
The case grew out Of the .17-day
Nation wide coal strike which Mr..
Lewis ended December and which
the Government sought to head OF
by court order.
1.-THE Government was acting In
its sovereign capacity" Mr.. Clark
told the court after review Of
events which led to application for
the strike restraining order, 'by
virtue OF express congressional au-
thorization,' when it took possession
Of the coal mines to prevent q Ma
tional calamity.
aBut taking the mines was not
enough. To carry out its functions
the Government had to operate the
mines or cause them to be operated.
The unilateral termination Of the
Krug-Lewis agreement by the de-
fendant was q direct obstruction TO
the exercise of this Governmental
function. .
No Person Above Law.
Must those charged with the duty
Of protecting the Government and
the people stand by and see this
threat bring national chaos?" Mr..
Clark asked the court. Surely
Government has the authority and
the power to defend itself against
destruction from within-as it has
the duty to defend the country from
destruction from without.
when that issue is involved no
one is immunized-no persons or
group is beyond the reach OF the
arm of the court. No person Is
above the law-and this is colln-
try and Government of laws.
Mr.. Clark argued that the Govern-
ment did not attempt to set prece-
dent whereby the rights of labor or
ganizations could be infringed upon.
''The Government does not seek
the infringement Of constitutional
or statutory guarantees" he said.
1T respectfully submits that In
view of the evidence before the Dis
trict Court at the time of the hear
ing the arm of that court should be
upheld; that its decision that the
Government was entitled to relief it
sought should be affirmed, and that
the judgments of contempt should
not be disturbed. -
Clark Advances to Rostrum.
Chief Justice VinSon, in calling
the case numbers, intoned them
slowly and in deep voice.
Mr.. Clark then advanced to the
rostrum and began his argument.
AFL President William Green,
seated in a section reserved for law
yers, leaned forward and cupped
his ear to hear the Attorney Gen.
erals words.
Although he followed a prepared
statement, the youthful appearing
Attorney General glanced from JUS
tice to justice as he spoke In con-
versational tone.
Chief Justice Vinson and Justices
Murphy, Black, jackson and Burton
watched Mr.. Clark intently. The
other justices kept their eyes for the
most part on documents before them
presumably copies Of the Attorney
Generals remarks.
The courtroom had one Of the
largest crowds In Its history. Stand
ing space at the rear and sides Of
the room was filed and a crowd of
several hundred stood In queue
outside the chamber In the hope Of
getting In later.
Among those sitting before the
(See COAL, Page A-6)