The Wilmington morning star., 1947-03-07
HIGH IB NAL
CHECKS UNI0NlSTS
Continued From Page One)

number of them said it is still nee
esSary to revise labor law.
Capt. N. H. COLLISION, federal
coal mines administrator, said
the decision will help to bring the
union and private operators to-
gether to work out a contract, al
though other factors still stand in
the way. He added that the re-
duction OF the fine is i'm
material" for sit was the princi-
pie that we we're interested in
It was the government, at the
direction of President Truman,
which went into Goldsborough's
court to seek the injunction.
The Supreme court decision
does not rule as to whether the
governments contract with Lewis
the so-called Krug-LeWis agree
ment - al be terminated by
Lewis, as he contends, or whether
it is good for as long as the gov
eminent runs the mines, as the
justice department contends.
But it upholds the temporary
injunction which Judge Colds
borough issued Dec. 4 after the
Lewis trial, pending his determi-
alton of that issue. The next
legal step now would be a move
by the government to have a date
set to try that issue.
The government may be in nc
hurry about that, however. Its
power to operate the mines,
seized last May In an earlier
strike, expires June 30, unles:
Congress extends it, and officials
hope to turn them back to the
private owners by that time.
Meanwhile Lewis is stopped il
his efforts to win higher pay anc
other concessions, for the admins.
tration has refused flatly
to negotiate, holding that the de
mands are such that only the
private owners are in position te
grant them. The exact amount O.
the pay increase and other de
mands Lewis has made never
have been disclosed officially.
Two big issues between Levi!
ana the owners are unionization
of foremen and a levy upon each
tor of coal to finance a welfare
fund. The government granted
both these demands in the Krug'
Lewis agreement, but measures
are pending in Congress nov
which would outlaw them, thus
relieving the private operators
from granting the concessions.
The nine Supreme cour
justices were sharply divided OF
the issues raised by the case
While the vote was 7 to 2 in up
holding h contempt conviction
against Lewis and the union, i
was only S to 4 in overrulins
Lewis claim that the Norris-La
Guardia Anti-Injunction act out.
lawed Judge Goldsborough's re
straicing order.
Last Nov. Is Lewis signallet
for a strike to start Nov. 20 by
serving notice that the Krug-
Lewis agreement "a terminated
The government on Nov. 10 OBJ
tanned a temporary restraining
order fir Judge Goldsborougl
directing Lewis to call off th'
strike notice, and it was this tina
Lewis and the union we're con
victed of disobeying.
Chief Justice Vinson, writing
the majority opinion - his frs
major n since he assembled thu
bench at the start of this tern
called Lewis action IAN at
tempt to redpudiate and overrid
the instrument of lawful govern
ment." Again, he wrote that tn
conduct showed a total lack O.
respect for the judicial process
1.-THE gains, social and eco
nomic, which the miners ant
other citizens have realized IN tn
past" the majority opinion con
tinued, ARE ultimately due to tn
fact that they enjoy the rights o
free men under our system o
government. Upon the mainte
nance of that system depends al
future progress to which the.
may justly aspire"
A majority of the court feels
the opinion said, that the cours'
taken by the union carried wit:
it such a serious threat to orderl.
constitutional government and t,
the economic and social .weltar
CT the nation that a fine OF sub
stantial size is required in orde
to emphasize the gravity of tn
%offense Of which the union wa
found guilty"
The first loyalty of the miner
should have been to their countr
ahead of their union, the cou1
said.
Frankfurter agreed in uphold
ing the judgment for crimins
contempt i n spite of that, how
ever, upon the broad ground {
indicating the process of law
ITO say that the authority t
the court may be flouted durin
the time necessary to decide,
Frankturter wrote, 'is to rejet
the requirements o f the judici;
process.
cit does not mitigate such de
fiance of law to urge that haro
won liberties of collective actic
by workers were at stake. tn
most priced liberties themselve
pre-suppose an independent il
dietary through which these libel
ties may be, as they often hav
been, vindicated."
Justices Black and Douglas,
another separate opinion, agree
the Norris-LaGuard'a act did nc
apply and upheld the conviction!
but thought the $780, 00 fine as
sessed by the majority a exec,
sive. They held that Lewis an
the union should have a chanc
to escape the whole 5 $4,000
penalty by calling off the contrat
terr0i--ticn notice hecause "the