Evening star., 1948-04-19

of calling a strike in order to avoid
responsibility.
Men just don't act collectively
without leadership" he added. "The
idea Lewis contention) that 0,0o0
or 100000 men should all get the
idea to walk out at the same time
is simply ridiculous"
The court pointed out that Mr.
Lewis had not claimed that he had
lost control of the men or that the
UNIV "is not functioning as a union
and continues to get the orders from
headquarters"
Lewis Arguments Overruled.
Justice Goldsborough also ruled
out the argument of union lawyers
that the MCGUIRE restraining order
violates the First, Fifth and Thir-
teenth Amendments of the Consti-
tuition.
With regard to the First Amend
ment, which protects freedom OF
speech, the judge said it had never
been held by any court that an in
junction to prevent strike con-
stitutes a "deprivation OF liberty OF
speech"
AS to defense argument involving
the 18th Amendment, he said no
court ever had held that an injunc-
ton to prohibit strike or an order
for one to cease involved imposl-
ton of involuntary servitude."
He ruled out the argument involv-
ing the Fifth Amendment-assuring
due process of law'-that the Nc
Guire order was intended only to
return the mine dispute to the status
prevailing before the walkout. The
Judge said that such an order could
be issued without hearing.
Courtroom Is Filled. go.
Mr. Lewis arrived in the court
room early to hear Justice Colds
borough's decision. Fourteen min
utes before the courts convening
hour, he walked in with his at
torneys. ,..... ..4.,.~
sscowling he took his seat, the
same he has occupied on each OF
the preceding court days. .,.,.
Mr.. Lewis nodded responses as he
talked with his lawyer. his head
lowered in concentration. ....i'
The courtroom, accommodating
about 200, was filled. No standing
was permitted inside. Long lines
formed at the doors.
The circumstances today were diff
ferent from those that prevailed 18
months ago. At that time, winter
was just beginning and strike was
going full blast when the Judge
pronounced sentence. The Govern
ment was in possession of the mines
and it was argued the miners were
striking against the Government.
Many Miners Back at Work.
Now, most of the 100000 miners
have returned to- work, following
the instructions last Monday OF Mr..
Lewis. He told them to end their
voluntary cessation of work" after
he had won for them 500 monthly
pensions. 1t was the dispute over
pensions that touched off the strike
March IS.
Somewhat less than a third OF
the miners have failed to return to
work, many of them waiting to see
what the court here does to Mr.
Lewis and the union.
The Lewis contempt trial ended
last Thursday. Government attor-
neys argued that the UNIV and Its
chief were plainly in contempt when
they allowed the strike to continue
beyond April 5.
On that day Mr.. Lewis was served
with restraining order issued two
days before by Justice MCGUIRE.
There was no attempt to comply
with the MCGUIRE order until a week
later, April IL. Then Mr.. Lewis
won 500 monthly pensions fol
miners 81 years old or older with
20 years service Those who retired
since May %, 1916, also, were made
eligible for the payments.
The settlement was proposed by
Senator Bridges, Republican, Of New
Hampshire, who had been appointed
neutral" trustee for the UNIV vel
fare and retirement fund. Mr.. Lewis
agreed, and the two of them pushed
it through on a majority vote ovel
objections of Ezra Van Horn, the
! fr,,e}ao