Evening star., 1959-10-28


emergencies can act In a mat
ter Of days.
In yesterdays Circuit Court
decision, Chief Judge John
Biggs, jr., and Judge Herbert
F. Goodrich voted to sustain
the injunction issued last week
by Judge Sorg.
Mr.. Goldberg, arguing against
the injunction, had contended
the Taft-Hartley Act gives the
courts legislative functions. in
violation of the Constitutions
declaration that they shall per-
form only judicial functions.
Disputes Powers
He said the law empowers
the courts to enjoin a strike
which is legal until issuance of
the injunction. BY giving the
courts power, in effect, to de-
clare a strike illegal, he ar
gued, the act unconstitutionally
grants the judiciary legislative
functions.
Rejecting this argument, the
Circuit Court majority said a
court "acts judicially and not
legislatively" when it issues an
Injunction. The two judges
conceded that there is a fine
line between the courts legis-
lative and judicial powers.
Taft-Hartley's standard of
national health and safety, the
court majority said, "is specific
enough and actual enough to
bring the inquiry dnto the
facts) within the area of judi
cial decision as distinguished
from legislative judgment 81
If Mr.. Goldberg's reasoning
were followed, the decision said,
! the courts could not enforce
orders of the National Labor
Relations Board. the Securities
and Exchange Commission and
other agencies.
Discounts Emergency
On another front, Mr.. Gold
berg had disputed the Presi-
dents Judgment that the strike
imperils the national health
and safety. He emphasized
that mere inconvenience or
hardship is not sufficient under
the law to warrant an injunc-
ton.
The Appeals Court cited
affidavits by high Government
officials and accepted their
judgment that the strike does,
indeed. threaten the defense
program and other key facets
of the economy.
Judge Hastie, in his minority
opinion. contended the purpose
of the Taft Hartley Act is to
facilitate settlement of major
strikes. Unless an injunction
is likely to help bring about a
settlement, he said. the courts
should not enjoin a strike.
The two other judges said |
this machinery cannot bel
brought int. operation in the
absence Of IN injunction.
Wait Exchange Closing
The Circuit Court ruling was
given to lawyers and reporters
in locked courtroom at 4 pm.
yesterday. Reporters were not
permitted to phone in their
stories until about 4:45. The
court wanted to hold up its
ruling until Midwestern stock
exchanges had closed to pre-
vent a sharp impact on stock
trading.
No court ever has refused to
grant Taft Hartley strike in
junction. The emergency in
junctive machinery had been
invoked 16 times prior to the
steel case. The current legal
fight is the first all-out chal-
lenge to the Taft-Hartley in
junction.
Mr.. Goldberg in 1858 fought
another Steelworkers injunc-
ton, but lost at the Circuit
Court of Appeals. The case did
not reach the Supreme Court.
Reject Kaiser Terms
Roger M. Blough, board
chairman of United States
Steel Corp, told a press con-
ference yesterday he will not
settle on the terms accepted
by Kaiser Steel Corp. Monday.
Estimating the Kaiser settle
ment's cost at 32.5 cents an
hour in 20 months, he said the
package would be 'prohibitively
high"
"The fact Mr.. Edgar F9
Kaiser has been willing to
make this concession for the
past week or 10 days has
hindered our efforts for a
settlement" Mr.. Blough said,
the Associated Press reported
from New York. His absence
should permit us to go on our
way unhindered," Mr.. Blough
added. r. /,
Kaiser Steel and the union
estimate the cost of their
settlement at 22.5 cents.
Detroit Steel Co. settled yes
terday on approximately the {
same terms as Kaiser. The
company estimated the settle
ment would cost about "a cents.
Costs of an identical contract I
vary from company to COM
pany. Il
Detroit Steel has continued {
operating through the strike Ic
under terms of an extension
agreement. II
Hopes for More Pacts
Mr.. Mcdonald said he ex- /,
pected to achieve additional !
agreements with some of the
smaller firms. the AP reported
from Pittsburgh.
Kaiser Steel is the ninth
largest steel producer in the
Mo otiNY1 oVad nakrnif C4o1I 49,