Evening star., 1948-04-20
The Lewis Issue

There can be no doubt that Justice
Goldsborough Is entirely right In saying
that the conduct of John L. Lewis raises
an issue which has to be met. 1t Is an
issue which, in its larger aspects, should
have been met long ago But 1t Is oetter
to meet it late than not at all.
The immediate issue Is this: Should
John L. Lewis, as the boss OF union OF
100000 coal miners, be permitted to nout
the processes of democratic government
and get away with 1t? The larger question:
and the more disturbing one. Is whether
unionism on the model of the United Mine
workers is incompatible with the concept
and the functioning of free society
Justice Goldsborough has given his
answer to the first question. BY adjudg1ng
Mr.. Lewis in contempt, he has served
notice that the UNIV president cannot
safelv trifie with the Federal courts, but
will do so at his peril This is a decision
which is manifestly right and which de-
serves the wholehearted support of every
thinking citizen.
It Is more difficult to see ones way
through to a solution of the larger ques-
ton Approximately one-third OF the
members of the United Mine Workers
refused to return to work after Mr. Lewis
was ordered to show cause why he should
not be held in contempt of court. These
men are still on strike and there have
been indication that others may join
them now that Mr.. Lewis has been found
guilty.
It is all too plain that the purpose
behind this is to coerce and intimidate
the court Apparently the miners think
that, acting in concert, they can use their
economic power to stay the hand OF the
Federal judiciary in dealing with the
contemptuous conduct Of their union
president.
Judge Goldsborough has made,it+ clear
that he cannot be intimidated, but that
does not dispose OF the problem itself.
For II the miners, or any substantial
number OF them, refuse to work in protest
against and in defiance of the courts
action, very difficult problem will have
been posed for the Government.
1t is difficult because the miners as
individuals, cannot be made to work II
they do not want to work. There Is no
place in our system for involuntary servi-
tude, in the true sense of that term and
1t has to be recognized at the outset that
1t is neither constitutionally possible nor
desirable to proceed against the miners as
individuals for refusing to work, whatever
their reasons.
The alternative, II the miners are so
foolish as to strike against the Federal
courts would be to consider ways and
means of proceeding against their union,
for it is self evident that it is the tradition
of union discipline and the spirit of loyalty
to the union which are at the bottom OF
this problem. 1t Is also self-evident, how
ever, that loyalty to union or union
discipline cannot be put ahead of loyalty
to the country in any industry which is
vital to the national we'll being.
To permit the United Mine Workers to
use the strike as a weapon to coerce the
courts, as the strike is used to coerce en-
ployers, means the substitution of anarchy
for the orderly functioning of society.
And Justice Goldsborough is correct in his
warning that In the last analysis, society
will have to protect itself by destroying the
offending unions. This is something that
the unruly Mr.. Lewis and his mine work.
ers had better think about, long and hard.