Evening star., 1948-04-19
Go|dsborough
Sets Tomorrow
For Sentence
Justice Hints Broadly
At Jail Term for
Mine Union Chief
By james Y. Newton


John L. Lewis and the United
Mine Workers today were de-
clared guilty of contempt OF
court by Justice T. Alan Colds
borough, who postponed sentence
until 10 am. tomorrow.
Justice Goldsborough found that
Mr.. Lewis and the UNIV deliberately
provoked the strike of 100000 miners
which began March IS and then
ignored a District Court order to
call it off.
The finding of guilt covered both
civil and criminal contempt.
Justice Goldsborough limited broad
ly at a possible Jail sentence for Mr..
Lewis, an action that industry feared
would bring another Nationwide
strike of the miners. He said that
use of the unlimited powers to fine
the defendants under civil contempt
provisions could not salvage" the
damage caused the country by the
strike.
Mr.. Lewis sat impassively among
his attorneys as Justice Colds
borough delivered long oral
opinion that at times assumed the
aspect of a lecture on the response
bility of unions and their leaders
for the actions of the union men,
bers.
New Rule of Law.
What this court does in this
case is being watched by every law
less element" Justice Goldsborough
said, mot only in this country,
but OF the world-all decent people,
too on the question of whether
the courts have the power to pro-
tect the people of this country" in
pursuit of their normal way OF
life.
In making his findings, Justice
Goldsborough said that he was
enunciating a new rule of law, one
that he thought clearly was right, /
although he did not know whether
the high courts would sustain him.
It was:
"A union that is functioning as a
union must be held responsible for
the mass action of its members.
- This rule of law is the only
one which will preserve the unions
II the plan is adopted widely over
the country for the use of wink,
a nod or a code instead of the word
strickland it is recognized by the
courts-then we will have among
unions lawlessness, chaos and ulti-
mate anarchy. Then unions would
have to be socialized-in other
words, they would be destroyed"
Motion for Delay Overruled.
After pronouncing Mr.. Lewis and
the UNIV guilty of both counts of
contempt. Justice Goldsborough /
quickly overruled motion by Welly
K. Hopkins, chief Lewis counsel. to
arrest judgment. The court set ar
gument for 10 am. Wednesday on
the Governments request for an
S0-day, Taft-Hartley Act injunction
against the mine strike.
Mr. Hopkins argued that the
UNIV and Mr.. Lewis had complied
ldSG N1Oiiody d "CCh aAlCI ~ was
served on them-with the order
issued by Justice Matthew F. Nc
Guire to end the strike He had
called en- Attorney General Clark to
ask the court to dissolve the re-
straining order.
1T would be an interesting situa-
ton" Justice Goldsborough COM
mented, "if the Attorney General
moved to dissolve the injunction and
all of the miners, or the balance of
them, would walk out tomorrow. The
court doesn't think the matter of
the injunction has been disposed
Of"
Beyond Bounds of Expedience."
In pronouncing judgment earlier
and in reference to the action Of
Mr. Lewis in ignoring the court
order to end the strike, Justice
Goldsborough said:
Finally, the court is firmly con-
vinced this situation has gotten be- |
yond the bounds of expediency.
This issue must be met"
Justice Goldsborough brushed
aside the Lewis argument that the
miners were not on strike but had
merely stopped work as individuals
in protest of the failure of coal mine
operators to give them a pension
(See COAL, Page A-4)