Evening star., 1948-06-20

the welfare fund board Of trustees.
Justice Goldsborough said that. as
such Mr.. Van Horn had no stand
ing In court, since after assuming
the trusteeship his allegiance legally
was to the fund and benehciaries
rather than to the operators.
John Lord O'Brian. chief Van Horn
counsel, was In the midst of arguing
that the Bridges-Lewis plan violated
the Taft Hartley Act when the point
arose. He asked for opportunity TO
correct the Van Horn complaint.
Justice Goldsborough, saying he
wished to decide the pension-welfare
battle on merit rather than techni-
cality, agreed to permit Mr.. O'Brian
to make the change before he rules
Tuesday. Attorneys Walter M. Basti-
an and A. K. Shipe, representing MT
Lewis and Senator Bridges, objected,
and then reserved final opinion un-
til they see the O'Brian amendment.
Eligibility Of Miner Questioned.
The chief points raised in the trial
were (a) the eligibility OF the miners
to receive pensions and CD whether
decisions of the trustee board are
controlled by a simple majority OF
two or whether concurrence OF Mr..
Van Horn, as management repre-
sentative, is required to make decl-
sions and disbursements legal unoer
tba To HARTLEY Act
Mr.. Bastian described Mr.. Van
Horn as a Charles Mccarthy OF the
operators" and said he had tried to
b. q "Gromyko" in vetoing numer-
Gus decisions of the other trustees,
Mr.. Lewis and Senator Bridges.
Mr.. Shipe argued that no Hat rule
of eligibility could be laid down in
advance for those who are to receive
che pensions, and the trustees should
be allowed to decide the point by
ma jority vote when the cases come
before them.
Earlier Fund Discussed.
The subject of an earlier 26,0O0,-
600 fund, collected during the period
of Government operation Of the
mines, arose during the hearing. Mr..
C'Brien charged the money had
been spent "improvidently" under
Mr.. Lewis administration for distress
and death benefits. He added that
trustees for that fund, which is
nearing exhaustion, were asking
that in excess of $4,000, 900 in OBJ
legations 1t is unable to meet be paid
from the 1947 fund. That, he said,
was the reason Mr.. Van Horn
feared for the possible use of the
present fund.
Justice Goldsborough asked what
would have been done with the older
fund il 1t had not been used for the
benefits prescribed in the Govern
ment contract with Mr.. Lewis. Mr..
Shipe replied that it would have
been added to the 1947 fund and
used for the same purposes.
Earlier, Mr.. Lewis submitted a
new affidavit, giving the names OF
operators producing 2l.O000OO tons
of coal a year who had sided against
Mr.. Van Horn in the pension fight.
Benefits May Be Cut OF.
Federal officials fear that unless
there is early resolution OF the
issues surrounding the welfare and
pension fund the 100000 mine work.
ers will be SO angered that any
authority of the Government or
court will be ineffective in persuad-
ing them to work.
More than 100000 miners and de-
pendents of miners now are re-
ceiving distress benefits from the
old welfare fund. They will be cut
off by the end of June unless salts
factory arrangements are made to
continue payments from the now
frozen 1947 fund.
Even if that issue is settled, there
is doubt among officials whether an
anti-Strike injunction would be
effective in getting the miners to
work without a contract. The Vaca-
ton period extends from June rs to
July s, and unless new agreement
is drafted, the crisis will come when
the vacation ends.
However. settlement Of the well
fare-pension dispute would simplify
the drafting of new contract.