Evening star., 1948-03-30
By james Y. Newton

District Court Justice Edward
NJ Curran today ordered John
L. Lewis to appear at 2 o'clock
this afternoon before President
Truman's special board investi-
eating the 16-day-old soft-coal
strike. Deputy marshals served
the order on Mr.. Lewis an hour
later.
Mr.. Lewis did not appear in court
In person to answer summons as
to why he should not be compelled
to testify before the inquiry board.
He was represented by attorneys. in
accordance with court procedure.
The order of Justice Curran was
served on him at his United Mine
Workers office.
There was no word as to whether
Mr.. Lewis would heed the court or
der. His attorneys asked unsuc-
cssfully for a delay in its issuance,
and htnted at new battle over his
appearance before the President S
board. They questioned the legality
OF the service of the summons on
Mr.. Lewis, as well as the court S
jurisdiction and sought to raise the
issue of the constitutionality of the
Taft-Hartley Act, under which the
coal dispute inquiry is being con-
Quoted.
Curran Cuts Off Argument.
lor,Jct,oI a
all of their arguments for delay and
enlargement of the hearing and
summarily ordered Mr.. Lewis to ap-
pear before the board.
"I don't care to hear you on that
subject" Justice Curran told Welly
K Hopkins, chief of defense coun-
sci, after the latter had requested a
continuance of the hearing to al
low time to study the case further.
IT don't think it is necessary to
have any enlargement of this case, .
the jurist continued.
THE court will now order john L.
Lewis to appear before the commits
sion enquiry board at 2 pm to-
day"
The strike fact-fnders were to
meet at that time in the depart
mental auditorium.
If Mr. Lewis fails to appear, he
will be liable for contempt proceed
ings which could result in a heavy
fine and a jail sentence.
Questions Jurisdiction of Court.
Mr.. Hopkins opened his argument
by saying that he and the other
Lewis attorneys did not have op-
portunity to examine the summons
to today's court hearing until 9:3C
am. The papers were served or
Mr.. Lewis at his Alexandria home
at COS o'clock last night.
Mr. Hopkins said that when the
marshals approached the Lewis
home, those inside heard louo
noises, rappings and beatings upor
the door,
He added that although the ser
want in the Lewis home suggested
that only one marshal should enter
all three came through the dool
accompanied by violent pushing
and showing and trespassing into
the inner recesses of the residence.
Justice Curran remarked that
the conduct of the United States
marshals had nothing to do with
the case.
Assistant Attorney General H
Graham Morrison mad argued. thai
the service was valid and legal
Mr.. Hopkins then questioned not
only the method of serving the
summons on Mr.. Lewis, but also the
jurisdiction of the court in the
case and said he wished to raise
questions about the constitutionality
of the Taft-Hartley Act.
Refuses to Accept Service.
The summons for the court pro.
ceeding today was issued late yes.
terday by Justice Richmond B
keech. Justice Curran. shortly be-
fore ordering Mr.. Lewis to appear
before the Presidents board, re.
marked that he thought Justic,
Keech had been most reasonable
in issuing an order to show cause
thereby giving the defendant +:
chance to answer
The court tJustice Keech) coult
have issued an order to appear di
rectly before the commission Jus
tice Curran said.
The adequacy of the service i
certainly involved here as we'll a
the constitutiorsality of the statut
under which this procedure wa
instituted" Mr.. Hopkins argued.
After the court issued the ne,
order Mr. Hopkins filed a motion t
dismiss it. Then Mr.. Hopkins ex
planned that he was authorized b
Mr.. Lewis to appear today only fo
the special purpose" of challengin
lSee COAL. Page A-5.l