Evening star., 1950-12-18
Prosecution Is Urged
# Labor Conspiracy
Caused Rail Strike
Refusal Of Truinmen
To Work for U. S. Likened
To Dodgine Draft Call
By David Laurence

ny DODfQ Laurence
Do the persons who defied th'
authority Of the Government o.
the United States and stopped
train service in many strategic
places last week, causing az
enormous property damage, nov
go scot free?
If a young man refuses to &C.
cept a draft call he Is punished
If a soldier refuses to obey ar
order he is disciplined. and II
anyone puts an impeachment or
the tracks of a railroad ano
causes the trains to halt he car
be jailed under the laws govern
ing Interruptions to interstate
commerce.
But what of the individuals who
reported sick" and tied up the
railroads in several cities even
though the same trains were being
operated as a part of the United
States Army? viii those who
engaged in a conspiracy to inter.
rupt train service escape any
punishment? Who will reimburse
the citizens for millions lost by
the rail tieup and interrupted
delivery of mail?
Circumstances Different.
Usually where there are labor
disputes and a refusal to operate
facilities, infractions are waived
when a settlement is made
Normally as a condition of settle
ment the employer is coerced into
dropping lawsuits. But this time
1t was the Government of the
United States which was acting
as the employer. The circum-
stances under which conspiracy
was Matched to damage the trans
portation service Of the Govern
ment and to interfere with the
orderly shipment of the mails are
beyond the realm Of an ordinary
labor dispute.
Nor does the episode come
under the right to strike or the
right to refuse to work. Individ-
uals have right to stay off the
Job. That's an individual act
which is covered by the invol-
untary servitude provision of the
Constitution. But the moment
there is action in concert, a con-
spiracy emerges which isn't pro-
tected by the Constitution. Two
or more persons who persuade
others to refrain from work can
under certain circumstances, be
adjudged guilty Of a conspiracy
Where. moreover, the conspiracy
tends to violate the laws Of the
United States or to obstruct the
operations or functioning of the
Government itself, there is ground
for prosecution.
The test is here. Will the JUS
tice Department as the law
enforcement agency of the Gov
eminent carry on a thorough in
vestigation and ask for the
Indictment of the guilty parties?
There Is much talk about rid
ding the country of those en-
gagged In subversive activity.
There is talk about refusing to
appease when there Is a problem
Of justice and wrongdoing in
volved. The Administration has
at times appeased union labor and
so has Congress on the theory
that the votes of the unions must
not be alienated. But appease-
ment doesn't pay in any instance
where fundamental principle is
concerned.
Conspiracy Charged.
The issue as to whether a union
is responsible for wildcat or "un-
authorized strikes is before the
courts now as a consequence of
the failure of the coal miners
union last year to obey a court
order. The Justice Department
at that time was severely criticized
for its laxity in gathering evidence
but it remains to be seen whether
the courts will agree or disagree
In the final analysis with the de-
partment's case as it was pre-.
sented.
The present situation, however
is far different from that created
by recalcitrant coal miners. Here
the conspiracy to obstruct came
from individuals who were work.
ing for the United States Army
They all reported "sick." Evidence
can certainly be gathered as tt
whether any physicians were &C.
tually consulted in any cases anc
what testimony such physicians
will give where several hundred
switchmen were involved.
Will the switchmen under oath
swear that they were "sick":
Plainly any refusal to continue al
work raises the issue of whether
seniority rights have been for.
feited. Are the switchmen who
returned to work now employees:
It may turn out that the switch.
men were innocent victims of s
conspiracy engineered by persons
higher up. Will the Justice De-
partment follow through and ge
at the guilty persons or will prin
ciple be abused once more ane
the country be given additiona
proof of the deterioration of Gov
ernment in Washington?
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