| Show HIGH COURT I 4 CONVICTION H I I Contempt Guilt Affirmed In Coal Strike Coal Strike WASHINGTON March 6 UP The Thc The supreme court ruled 7 2 Thursday that John L. L Lewis and his mine union were guilty of f contempt for flouting a court order to halt last falls fall's soft coal strike Chief Justice Vin Vinson on read the extraordinary midweek decision decision deci deci- sion to a startled courtroom It represented a a smashing victory for President Truman's fight to the finish against Lewis and the United Mine Workers for breaking off their contract to mine coal for the government The decision put over the heads of the United Mine Workers too a penalty if they strike again on March 31 The miners ended last falls fall's 17 day 17 walkout under orders to work only until that date That comes about hout this way The court upheld a fine in against Lewis personally and reduced d from to the fine against the union nion But it said that unless the union complies with the court order against br breaking king off its contract with the government nt then the shall be r imposed If the m miners ners walk out March 31 that would be through termination tion pf of the contract ct Requires Formal Notice Withdrawal And he is is' forbidden m mt t to td issue another ending contract-ending order until tl the e courts have ruled on whether he can legally do that As a practical matter that might require ire several mouths months The Thc high hig l court justices justice di divided ed s sharply Justices Mun Murphy hy and Rutledge dissented from the principal decision that Lewis and nd the U MV were in inc contempt Justices Black and Douglas s while agreeing g there w was s contempt contempt contempt con con- con con- tempt disagreed with the majority action on the fth fines s. s They said fines should be imposed only on certain condl conditions J ons Vinson used strong language in speaking of Lewis Lewis' stand that he could 1 withdraw a contract with the government for mining by his union members and 2 ignore a 3 court order telling him not to do that until the court could rule rule rule-on on the legal lega issues C Calls lIs Lewis Attitude Studied Deliberate Vinson spoke of Lewis' Lewis atti attitude ude toward the court order as studied and deliberate noncompliance and said A majority of the court feels that the course taken by bythe bythe bythe the union carried with it such a serious threat to orderly constitutional constitutional constitutional government and to the economic and social welfare of the n nation tion that a fine of substantial Bi size e is required in order to emp emphasize the gravity of the offense of which the union w was waz found guilty In the early afternoon there was still no comment from Lewis Nor was th there re any from Secy of the Interior rug with whom Lewis signed an operating contract Lewis may get on the s subject p publicly Friday however He Heis Heis Heis is scheduled then to appear appear before the senate labor committee and discuss pending proposals als for new labor laws John P. P Busar Busarello llo district 5 secretary of the he union said at Pittsburgh however They gave labor a rotten deal The court handed down its decision under unusual circum circum- stances Ordinarily it gives s out decisions only on Mondays Thursday the justices justic's entered the courtroom as usual at noon In a short time Vinson announced he lie was as about to read the majority's opinion in the coal case The courtroom was only about half filled as compared with an overflow crowd last Monday R Ruling ling of Major Historical Importance j I From the standpoint of legal history the courts court's decision eci ion is one of its major rulings on labor laws and th the constitution These issues were so basic basc tIu that l the iC C I IO 10 0 and A F L had Intervened intervened inter Inter- and argued in the case The decision held that the Norris Norris-LaGuardia act of 1932 did not apply to the government That act outlawed virtually all court orders against strike in the case of disputes with p private vate employers Much of the legal controversy in the contempt case revolved about the issue of whether it also applied to the government ni Here is how howit it developed In May of last year the government seized the coal mines to end a a strike Lewis then negotiated ted teda a contract with Krug who was custodian of the mines for the government Last fall faU Lewis demanded a new contract giving better terms Krug contended the spring contract h held ld good so o long as as' as the government continued to hold the mines Lewis issued an an order to Lo his miners terminating the spring c contract meaning contract mea meaning they were were not to work under it any longer longer- and they walked out I The government asked U. U S. S District Judge T. T Alan Goldsborough Goldsborough Golds- Golds borough for an order against the termination contending the contract stood Goldsborough issued an order order- for Lewis to withdraw withdraw withdraw with with- draw the termination until the courts could decide whether Lewis wis had the right to end the contract Lewis Levis ignored the order and Goldsborough tried him for contempt The court majority ruled that neither the Norris Norris-LaGuardia act nor the war labor Jabor disputes act barred the government from froth I obtaining the Injunction which resulted in the contempt pro pro- It was this injunction that Lewis and the miners miners' union were ac accused used of flouting After the case ase had been appealed app directly ta the supreme I q See Face 1 S i Supreme Court Upholds Conviction of Lewis Continued fro from Page One court Lewis suddenly ordered his miners ba back k to work wont on De Dec 7 He said he wanted the supreme court freed of any MY pu public Uc hysteria in fn weighing the issues i iB B Backs Trial Court C Chief Justice Vinson In his opinion ion said that the trial court properly properly properly prop prop- erly found the defendants in the Lewis case cue guilty of both criminal and civil contempt The defendant union Chief Justice Vinson said Mid can effect full compliance only by withdrawing withdraw withdraw- awing aw- aw ing unconditionally u the notice given by it signed by John L. L Lewis to J. J A. A Krug rug secretary of the interior terminating terminating- the Lewis Krug-Lewis agreement as of midnight midnight mid mid- night Nov 20 and by notifying notifying-at at atthe t the same time Ume its ith members of such withdrawal We Ve well wen realize Vinson went wenton on the serious proportions of the I fines here herc imposed pi n the defendant defendant defend defend- ant lint union But a majority feels that the course taken by the union carried with it such a serious threat at to orderly constitutional government and to the economic and social welfare of the nation that a fine of f substantial size Is required in order to emph emphasize the tho gravity of the offense of at which the union was was found round guilty The Thc defend defendant nt Lewis It Is true was the aggressive leader In the studied and deliberate noncompliance noncompliance non- non compliance with the order of ot the district court but bu as aa the record shows he stated In open court prior to Imposition of ot the fines tines that the representatives of or the United Mine Min Work Workers r. r determined that the called so-called so J Lewis Krug-Lewis g agreement was breached and that it was the unions union's representatives who notified the secretary of ot the Interior that the contract was terminated ter as of oZ Nov 20 And certainly it was was was' the members of the defendant union who executed the wide nation strike Loyalty In responding to t the e orders of their lead leaders rs may In some minds minimize mini mini- mize th the gravity of th the miners miners' conduct but we cannot ignore the effect of their action upon our system of government Cites Miners Miners' Gains The rhe chief justice asserted that the lithe gains social and economic which the miners and other citizens citizens citizens citi citi- zens zens have realized in In Inthe the past put arc ultimately due to the fact they enjoy the tho rights of free men under our system of government Upon pon the maintenance o oft that system Vinson added depends all future progress to which they may aspire In our complex socIety society so society so- so there is 15 a a. great variety of limited loyal loyalties Uti but but- the overriding overrIding ing lug loyalty of all is to tor our r country and to the institutions under which a particular interest may be pur pur pur- suc sued We are aware aware- the chief chic justice justice jus jus- jus- jus tice said ald that th the defendants P may have bave sincerely believed that the restraining order was order was Ineffective ineffective tive and would woud finally be vacated How However vcr vcr- the government nt had bad sought a a. declaration of Its contractual contractual con con- rights right under the Krug- Krug Lewis agreement effective since May 1 1016 1946 and sol solemnly subscribed subscribed subscribed sub sub- scribed by the government and defendant union The restraining ord order sought to preserve conditions until the cause could be determined and obedience obedience the by-the defendants defendant would have secured this result They rhey had full full opportunity to toc c comply with the order of ot the district district district dis dis- dis- dis court but they deliberately refused obedience e and d determined t I for tor themselves the thc validity of or the order S Their the unions union's and L Lewis Lewis' wis' wis conduct showed a R. total total- lack of at respect for tor the judicial process Punishment nt in this cis case is Js for that Which the defendants had done prior to imposition of the Judgment judgment judgment Judg judg- ment in the district ct court coupled with a a coercive imposition upon the d defendant union to compel obedience with the courts court's outstanding outstanding outstanding out out- standing standing- order k The majority said that other contentions advanced by by- Lewis and nd the union had Hid been examined but the c c court Urt majority had found them to be without merit Notes Exceptions tf Justice Justice Jackson Jackson in a brief note at the end of ot the Ute majority op opinIon opinion n- n ion lon said he joined with the majority majority majority ma ma- except as to to th the Norris La Guardia G act c This act restricts the use ue of Injunctions against strikes I Jackson said he thought the a act t relieved the courts of ot jurisdiction to o issue injunctions in this class of ot case Justices Black and Douglas in their separate opinion sal said they agreed with the majority majori y that neither neither- the Norris Norris-LaGuardia act nor the war labor disputes act prevented the government from obtaining the injunction in the Lewis case They said they had h-ad no doubt that when the government took over the mines the miners became government employee The mines were seized to end en-d a strike last spring Black and Douglas said Since the Norris-LaGuardia Norris aclis act acl actis actis is Inapplicable to this this' case we agree that the district court had power in these proceedings to enter enter enter en en- ter orders necessary to protect the government against an Inv invasion sion of ot the rights right it asserted pending adjudication of the controversy Partial Compliance So far tar as we we- weare are aware they added there has been at t most only a partial compliance with the temporary injunction issued by Dist Court Judge T. T Alan Goldsborough Therefore Black and Douglas said laid their judgment would provide provide provide pro pro- vide that Lewis and the union pay the fines only In the event that full fun and unconditional obedience to the the- temporary Injunction Including in including In- In eluding withdrawal of of tb the notice which purported to terminate the contract is not notha had on n o or b before a certain certain- day which would be beset set act by the district court Justice Murphy In his dissent said that when all is said and done this c case e involves and grows growl out of ot a labor dispute Government Government Govern Govern- ment seizure of ot the thc mines cannot hide or or change that fact The dispute however r survived the i seizure of the mines and to is still sUll' very much alive And it still re retains retains re- re bins Its It private privat character the thc theop operators operators operators op op- op- op on the one side and the coal miners on the other n Discusses Labor L Law w The Important point and anci itc it c cannot be o. o overemphasized Is s tha that congress has decreed that strikes and labor disturbances growing out of private labor disputes are arc areto to tobe be dealt with by some means other than federal court restraining restrain restrain- ing lug ord orders rs and injunctions Fun Ful ther ther- confirmation 1 if any be needed needed need need- ed Is to be found in the terms and andIn andIn andin in the history of oC the war labor disputes disputes dis die act To this clearly enunciated enunciated enunciated policy polley of making government by injunction n illegal congress has n nn in h. h J U u n 1 lie He interest is at stake or where the government government has seized the private private vate properties involved Murphy said that he felt feU congress congre has flatly forbidden the Issuance of ot all re restraining restraining- orders under the Norris Norris-LaGuardia act it follows vs that when such an order order order or or- der is issued despite this clear prohibition pro pro- no no man man can an be Dif held in contempt thereof however unwise his action may be as a matter of policy polley Murphy noted that protests had been made that the actions of or the union and Lewis threatened orderly government and the economic and social ocial stability of the nation Whatever may be the validity of those statements he said we lack any power to Ignore the plain mandates of ot congress and to impose im un- pose vindictive fines upon the de de- de They are arc entitled to to-be to be judged by thi this court according according- to the the sober principles principle of ot lawA lawA law A judicial disregard of oC what congress has decreed may seem eem justified for the moment in view of the crisis which gave birth to thi this is case But it such disregard uH u h a m nave more disastrous trous traus and lasting e effects upon the economy of the nation than any action of an aggressive labor leader In disobeying a void court order |
