Evening star., 1959-11-01
Court Moves Swiftly

SWlICly. Garller IN Cne week IL
promptly turned down a Govern
ment request that the six-day
stay granted by the Circuit Court
on District Judge Herbert Sorg's
back-to-work order be cut in half.
Then, after the union filed its
petition for a review and the
Government objected in ST.
page document, which will be its
brief in the case, the high court
took 40 minutes to reach its de-
cision in the unions favor.
In its 28-page petition. which
will be expanded into full-sized
brief, the union made three prin-
cipal points. These are listed be-
low, with the Governments reply
following each:
Union: The Taft-Hartley Acts
injunction provisions are uncon-
stitutional because they give courts
administrative or legislative func-
. tionS, which are, of course, mon
judicial" The steel strike is legal.
but if the courts enjoin it. they
make it illegal. Through an in
junction, the courts "both create
and enforce" the obligation to
cease striking for 80 days.
Government: The courts do have
constitutional authority to create
rights and duties. "The legal
right protected by the injunctive
order is the right, created by the
act, of the United States and the
public to be free from a work
stoppage threatening the national
health and safety. The union con-
tention is entirely without sub
stance"
Union: The injunction provisions
of the act should not apply to
the steel strike, even If they are
constitutional, because the strike
does not imperil the national
health and safety, a condition
the law requires to be met before
any Injunction may be authorized.
National health means physical
health, not economic well being.
The strike has not cut off sup
plies Of food, medicine or other
items essential to health. Defense
needs of steel can be met by these
plants not on strike. These plants
account for II per cent of the
Nations steelmaking capacity;
defense needs are pegged at 1
per cent of the output.
Government: The concept of
health goes beyond physical we'll
being. National health includes
the health of the Nation itself
as a viable, productive economy
capable of social progress at home
and meeting its obligations
abroad. Widespread unemploy-
ment and business failures impair
the health of the Nation no less
than malnutrition impairs the
health of the citizen. -"
Citing affidavits contending
that steel shortages have slowed
down missile, space and other
defense programs. the Govern
ment told the court it would be
technically impractical and "ex-
ceedingly uneconomic and waste
full" to reopen few plants simply
to satisfy defense requirements.
Union: The lower courts erred
in not exercising their discretion
by failing to call for a remedy less
drastic than that of forcing $780,
600 workers to return to their jobs
against their will after they had
made immense sacrifices in going
out on strike. The District Court
had several alternative courses it
could have adopted, one being to
end the strike only against "that
small percentage of struck mills
which alone create the peril to
health or safety"
Government: The law makes it
mandatory for the courts to issue
an Injunction when they find the
national health and safety i'm
periled. The alternatives suggested
by the union are impractical.