Evening star., 1947-03-06

STAR, Washington, D. G..
", MARCH 8. Isz.
blance whatever to employees Of the
/ executive departments. the inde-
pendent agencies and the other
branches of the Government.
| In Justice Murphy's opinion, "the
obvious fact remains that this case
involves and grows out OF a labor
dispute between the operators and
the miners" and that Government
seizure cannot hide or change that
fact"
Justice Jackson, in brief note at
the end of the majority opinion.
said he joined with the majority
except as to the Norris-La Guardia
Act, which restricts the Use Of In
| functions against strikes.
Justice jackson said he thought
the act relieved the courts OF
| jurisdiction to issue jnjuactions In
this class of case"
File Separate Opinion.
Justices Black and Douglas. In
their separate opinion, said they
agreed with the majority that
neither the Norris-La Guardia Act
nor the War Labor Disputes. Act
prevented the Government from
obtaining the injunction in the
Lewis case.
They said they had no doubt that
when the Government took over the
mines the miners became Govern
ment employees. The mines were
seized to end q strike last spring.
Justices Black and Douglas said:
Since the Norris La Guardia Act
lis inapplicable ito this case). we
agree that the District Court had
power In these proceedings to enter
orders necessary to protect the
Government against an invasion Of
the rights It's asserted, pending
adjudication of the controversy.
y ttD
Only Partial Compliance.
! Justices Black and Douglas said
/ they Joined Justice Rutledge in a
belief that the fiat $700, 900 Criminal
fine against the union is excessive
| by constitutional and statutory
standards"
$50 far as we are aware" they
added, there has been, at most
only a partial compliance with the
temporary injunction issued by
Justice Goldsborough.
Therefore, Justices Black and
Douglas said, their Judgment would
provide that Lewis and the union
pay the fines only in the event that
full and unconditional obedience to
the temporary injunction, including
withdrawal of the notice which
purported to terminate the contract
is not had on or before a certain
day" (Which would be set by the
| District Court.
The 17-day walkout of the 400, 900
mine workers began November 90
It. cost Is ,o00, 900 tons of soft coal
production and caught the Nation
/ with coal stocks low. 1t caused plant
shutdowns and provoked Federal
curtailment of railroad freight and
passenger service, lighting dimouts
and other coal conservation meas
ures. 1t was the second coal strike
of 1946-An April May strike lasted
SO days-and it whetted congress
sional demands for strike control
legislation.
Court Order Issued.
The Government, operator of the
5000 mines which had been seized
during the spring strike, turned to
the courts. On November 18 it OBJ
tanned a District Court order re-
quiring Mr.. Lewis to rescind his
notice Terminating" the contract he
had signed with, Secretary. Krug in
May The Termination" notice was
equivalent to strike call.
Asking Justice Goldsborough fol
the order, the Government con.
tended the contract was binding
one which Mr.. Lewis could not
legally terminate.
Mr.. Lewis ignored the court order
and the miners quit. Justice Colds
borough promptly cited him on con-
tempt charges. After trial with
out a jury Justice Goldsborough
rendered a guilty verdict December
8. Next day he fined the United
Mine Workers $500 900 and Mr..
Lewis personally $4,000.
| On December Mr.. Lewis ordered
his men back to the pits pending
a Supreme Court ruling. He told
that,o ~ rx,orJ ,,v,f;1 HKoroh % rY{s
lawyers quickly filed an appeal, and
it was routed direct to the Supreme
Court at the Governments request.
Major Issues in Suit.
The major issues in the case as
1t went to the highest court were
l. Can the Government break a
strike with a court order when the
Norris-La Guardia Act (passed by
Congress in 1892, outlaws the use
of injunctions in labor disputes?
The UMW-with the backing of
both AFL and -contended the
stop-strike order violated funda-
mental right Of labor. The Govern
ment argued the Norris-La Guardia
Act did not apply because the case
was not a labor dispute" but an
infringement Of the Governments
sovereign power.
2. Was Mr.. Lewis in contempt?
The UNIV claimed a restraining
order cannot be used to force a pos
tive action-such as calling off q
strike.
1t said Justice Goldsborough's or
der was illegal and hence Mr.. Lewis
could not be held in contempt fol-
disregarding it. The Government
: said many precedents aexist; that
whether or not the order was lawful
Mr.. Lewis was obliged to obey il
until higher courts ruled on that
point. It said the order was lawful
3. Was the penalty excessive2
/ Union Attacks Penalty.
The union 'contended it was "cruel