Evening star., 1948-04-20
Miners New WaIkou1
Threats Called Form
OF intimidation
Court May Add TO Fines
r. Union Does Not Rid
Itself Of Contempt
By David Laurence

The right Of individual miners to
quit work In protest against Judge
Goldsboroughs decision to convict
John L. Lewis and the miners union
of contempt cannot be questioned,
but one or more officers or leaders
of the union cannot lawfully per-
suade individual miners to refrain
from work.
The judges observation that AGO.
900 men do not stop work as indi-
viduals but only in concerted &C
ton is, of course, realistic. Labor
unions, led by bosses, have told the
rank and file that the Government
cannot interfere with the right to
strike. That's true as long as the
law of the land does not qualify or
limit the right to strike.
The Taft-Hartley Law does say
that the right of the individual to
quit work is upheld but that con-
certed action must await certain
steps, such as notifying the United
States Mediation and Cancellation
Service and giving so days notice
of q strike. The miners union dis
regarded these plain provisions OF
the law and believes them uncon-
stitutional.
Law Can Be Tested.
A law can be tested as to its con-
stutionality by disregarding 1t. But
when a court, which has the power
TO intervene and issue temporary
restraining order, declares that con-
ditions must remain as they are TILL
the courts can pass on constitution
atty. an entirely different question
presents itself This is whether the
courts can command respect and
compel obedience to their orders.
When, a few days ago, union
spokesmen began to hint anony-
nously that there would be a work
stoppage If Judge Goldsborough
punished Mr.. Lewis or the miners
union, this was form OF tntimida-
ton. The local leaders Of the min
ers may not have meant 1t as a de-
liberate effort to coerce the court,
because doubtless many Of them do
not know the laws requirements.
But the effect was the same. Ger
tainly the miners union has lawyers
competent to tell the leaders and
local officers that any attempt to in
timidate q court before 1t makes its
decision Is highly dangerous and
can be punished.
What will happen II the miners
refuse to mine coal? Production
cannot be obtained by court orders,
but there Is not much use Of courts
or production or anything else II
lynch law is to prevail in America
II unions are to use their economic
power to threaten the country with
damage because courts insist on
proceeding in an orderly way to
conduct the legal business of the
country.
Quick High Court Action Seen.
It would not be surprising If the
Supreme Court of the United States
promptly takes the case under ap-
peal and expeditiously renders a
decision. The Lewis maneuver last
time was to order the miners back
to work so, that the work stoppage
would not be going on while the
Supreme Court considered the case.
It may be that, on formulating the
papers for appeal, the miners union
executives will ask all members to
go back to work. Until some such
order comes from the miners union,
there could be tendency to rebel
and wait further developments.
Incidentally, the miners union ex-
ecutives are in an embarrassing sit
uation. Their plea to the court was
that they had settled" the work
stoppage as a consequence OF the
Martin Bridges scheme. But If 1t
turns out that the miners stay away
from the mines, it would indicate
that the work stoppage wasn't
settled at all. This would place
upon Mr. Lewis and all the prin-
cipal officers of the union the
responsibility of taking immediate
steps 10 urge the men publicly 10 go
back to work If this were not done,
1t would imply that the miners Off
GERS are saying they have no control
over their union.
The assumption OF Judge Colds
borough Is that the officers do con-
troll the union. 1t would not be
surprising If additional fines and
punishments were added by the
court In the event that the union
does not soon purge itself Of con-
tempt by calling of the old work
stoppage and the new one that may
be in process Of development as a
protest against the courts own
decision.
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