Evening star., 1947-03-06
Opinion.
Cuts Union Fine
To oS700,oOO
Decision Written by
Vinson; Murphy and
Rutledge Dissent
By jones Y. Newton


The Supreme Court today up
held the District Court contempt
conviction of John L. Lewis and
his United Mine Workers, sus-
tained the $4,000 fine levied j
against Mr.. Lewis and ordered
the $3,500,000 fine assessed
against the union reduced to
$700, 900. .
The court split Z to 2 over the
Lewis conviction, which. grew out of
last falls Nationwide soft coal
strike.
Chief Justice Vinson wrote the
majority opinion, upholding the
Government in its finish fight" with
the mine union leader, and four
other members supported him-Jus-
tices Reed, Jackson, Frankfurter
and Burton. Justice Frankfurter
wrote a separate concurring opinion.
Justices Murphy and Rutledge
wrote dissenting opinions. Justices
Black and Douglas each wrote an
opinion IN which they concurred, In
part. and dissented, in part.
Released without Warning.
The court majority ruled that
neither the Norris-La Guardia Act
nor the War Labor Disputes Act
barred the Government from obtain-
ing the injunction which resulted in
the contempt proceedings.
1t was this injunction that Mr..
Lewis and the miners union were
accused of fiouting.
The court released its decision in
the case with no advance warning.
Court attaches said the release of an
opinion on any except the usual
Monday decision day was unprece-
dented. They said only in the event
OF the death Of a justice or when
decision day falls on a legal holi..
day. has the court rendered a deci-
sion later in the week than Monday.
Chief Justice Vinson held in the
majority opinion that the $500 900
dne assessed against the UNIV for
/ contempt was excessive. In order
ing the penalty reduced to $70o, 900.
the court said 1t was doing so on this
condition:
The union must pay an additional
fine of $2,800,000 unless it shows
within five days after the Supreme
Court issues its mandate that 1t has
fully complied with the lower courts
order.
Ignored Court Order.
1
Mr.. Lewis and his union were con-
victed of contempt for ignoring an
order Of Justice T. Alan Goldsbor-
ough to call off the coal strike which
began November co. Mr.. Lewis, in
a conflict with President Truman
and Secretary of Interior Krug,
claimed he had the right to termi-
nate his wage agreement with the
Government under which the mines
had been operated since last May.
Neither Mr.. Lewis nor the UNIV
had any comment Immediately on
the courts decision.
The majority admitted that the
fine the union still must pay was "of
serious proportions, but added, in
describing the coal strike, that "the
course taken by the union carried
with 1t such serious threat to or
derly constitutional government and
to the economic and social welfare
OF the Nation that fine of substan-
tial size is required to emphasize the
gravity OF the offense of which the
union was found guilty"
Too Harsh on Union.
The opinion stated that I'VE think
the record clearly warrants a fine
OF $4,000 against defendant Lewis
for criminal contempt. A majority
OF the court, however, does not think
1t warrants the unconditional i'm
position of a fine of $3,50O,O00
against the defendant union"
On the subject of modification of
the union fine. the court stated:
1T will be modified so as to re-
quire the defendant union to pay a
fine of 100000, and further, to pay
an additional fine of $4,000, 900 un-
less the defendant union, within
five days after the issuance herein.
shows that 1t has fully complied with
the temporary restraining order
issued November 18, 1916, and the
preliminary injunction issued De-
cember 4, 1916 (by Justice Colds
borough"
The majority said further that
the UNIV could effect full compile
ance only by withdrawing uncondi-
tionally the notice given by it, signed
| by John L. Lewis, president, on No
lvember Is, 1916, to j. A. Krug, Sec
retary Of the Interior, terminating
the Krug Lewis agreement as of IL
o'clock midnight Wednesday, NO.
vember 20, and by notifying, at the
same time, its members of such
withdrawal in substantially the
same manner as the members Of
the defendant union were notified
lof the notice to the Secretary Of
the Interior above mentioned ."
The court also said the union
should notify its members that the
Krug-Lewis agreement" is in full
force and effect until final deter
(See LEWIS. Page A-6.)