Evening star., 1950-02-07
Law Seen EncircIinq
UNIV for Defense
OF Public Interest
American People Resent
Action of Any Group
Conspiring Against Then
By David Laurence

By David Laurence
The arm of the law is slowly but
surely encircling the United Mine
Workers Union for its defiance OF
the public interest.
The "three strangers"-as John
L. Lewis calls them-who, as
fact-finding board appointed by
the President of the United States
would inquire into the merits OF
the dispute and present recon-
mendations are, in fact, the three
representatives of the public
interest.
Years ago some corporations
said, 1.-THE public be damned" and
the American people resented ii
and supported the passage by
Congress of drastic laws of regu-
lation.
Today, when any group says il
isn't interested in how much the
public interest may suffer, the
hand of the law will inevitably
reach out to restrain such de-
fiance.
Forgets Commerce Clause.
Mr.. Lewis says that to make
the miners work would be "invol-
untary servitude" under the Con-
stitution, but he forgets that the
commerce clause of the Constitu-
ton gives Congress the right te
enact laws that regulate COM
merce and prevent any group OF
citizens from conspiring with each
other to damage the public in
terest.
The right of an individual tc
quit work is inviolate under the
Constitution, but there is no in
alienable right or constitutions
right which permits a group OF
citizens banded together, whether
in a trade union or in a corpo-
ration, to paralyze the economic
life of the country.
It. is being said that when the
President asks for and obtains an
injunction from the courts, the
miners will not obey. This was
said before. But the courts have
a way of enforcing their injunc-
tions by f1ning the unions and
those leaders who refuse to obey
its orders. A "slow down" by the
miners would not be good-f faith
obedience to the courts order.
1t has been proved that orders
from the union officers can send
the men back to work and that
failure to use with 100 per cent
fidelity the powers of the union
over it's members is in itself 9
violation of the courts order.
It would not be surprising to
find the courts doubling the fine
If violations occur. No union
would wish long to be in the posi-
ton of defying the law, and it is
poppycock to say that the miners
. will be refraining from work
spontaneously" The spontane-
fly argument has been used be-
fore in the claim that the miners
do not work without a contract
But the answer is that when the
union leaders really tell them to
go back to work or stay away,
they obey. ..
- Members Denied Rights.
M Speaking of constitutional
rights, the mine workers union is
in the position of having denied
those rights to some Of its mem
bers., Only last week press dis
patches from Western Pennsyl-
vania told of the suspension Of
Joseph Dickmon from member
ship in the mine workers union
for six months because he ven-
tured to criticize Mr.. Lewis as a
dictator and appealed to his fell
low workers to abandon the
three-day-a-week program and
put in full time.
Mr.. Dickmon was denied his
right of free speech. and the bene-
fits of membership in the union
The mine workers constitution
thus Yields absolute power over
any critics. This is not freedom
for the individual. nor is it respect
for the Constitution of the United
States.
The President now must &c
through the procedures specified
by the Taft-Hartley Act and, as
expected, he will follow them me-
ticulously. This means that the
order from a court directing the
mine union leaders to send Their
men back to work will not come
for a few days. But within fort
night there will be a showdown
between a court order and the
miners union.
1t may take the imposition Of a
contempt charge and a big fine to
get production in the mines. But
with hospitals lacking in electric
power and public utilities seri-
ously affected, the court will prob
ably see to it that the officers OF
the miners union obey its orders
And maybe Congress overnight
will feel sufficiently incensed by
any defiance of a court order tc
pass laws prohibiting industry
wide bargaining and the exercise
in the future by any union of Ma
tion-wide control over production
in any industry. Mr.. Lewis is the
best ally that the advocates OF
legislation to restrict the practices
OF labor unions have ever mad.
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