Show mi a Ir BJ j 1 Y 1 4 M IGHT T Ti To i QUIT IT J JOBS 8 Of BY BYr r 7 WA W lA Union Chiefs Are Told to Withdraw Mandate by Which Miners Ceased W Work k INDIANAPOLIS S NOV The R.-The 8 s. s Th I United Mine Workers of America were today ordered to withdraw the strike order under which men men quit work November 1 Tho The mandate was wat issued by Judge A. A C. C Anderson of I the United States district court after a hearing in which the union attorneys attorneys fought vainly for a chance to present arguments on the right to strike The union was given until November Novem Novem- ber bel 11 at 6 p. p m. m to issue the can can- This date was selected because because be be- be cause so many defendants were absent The union attorneys explained the absentees must be summoned by tele telo- graph from many parts of the country coun coun- try to issue the cancellation order The attorneys announced that President Lewis and Secretary Green of the union purposed obeying the court order but that they could not speak for their fellow officials INDIANAPOLIS I INDIANAPOLIS Ind Nov 8 B.- B. 1 The United Mine Workers of America through their attorney Henry Warrum asked ed at the opening of the United States district court today that the proceedIngs proceedings proceed proceed- ings be postponed a week or ten days In the hope th that t meanwhile the strike might be settled The government through C. C B. B Ames assistant attorney gen general objected ob objected objected ob- ob and the court th thereupon tools took up the motion to dissolve the tion The government position was that the case was too Important to admit delay Anticipating rejection by tits the th United States district court of their motion for dismissal of the restraining order Issued a against officials of the tho United Mine Workers of America attorneys at at- at attorneys for tho the miners were prepared to make a fight for release of the coal miners' miners strike fund und now tied up by the Injunction proceedings FOR INJUNCTION The attorneys then agreed that In ruling upon the motion for tor dissolution dissolution tion of the restraining order th the court might als also rule on on the question of issuing is issuing is- is suing an injunction as prayed rayed in the tha petition filed flied last week oy ny the govI gov goy I 1 Mr Ames then oft oft- offered red affidavits from II B B. B Spencer and Marlon Marion Underwood Underwood Un Un- derwood of the railroad administration at Washington as to diminishing coal supplies and diminishing financial returns returns re- re re 1 turns through operation of the roads SHOWS LOSS Taken together these affidavits show said Judge Ames that the tha government is operating the roads now at a loss which will Increase with diminution of ot supplies for tor operation Coun Counsel l for the defense tried to object ob object ob- ob to the reading but Judge Anderson Ander Ander- son halted them These are equity proceedings and i d am going to let the evidence In s said ld tho court UNION CONTRACTS CONTRACT Judge Ames then read an affidavit from Thomas L. L Lewis secretary of ot the tile N New w River Coal association of ot West Virginia This document detailed de detailed de de- tailed the alleged violation of union contracts in that field Similar affidavits affi affi- da davits were offered detailing alleged similar conditions In eastern Kentucky Kentucky Ken Ken- tucky and ad Tennessee JUAmes Ju a Ames then related the tho r rV r- r r. r JU V Continued on page 2 2 f 9 11 RIGHT TO QUIT JOBS Continued from page 1 establishment of certain fuel administration administration admin admin- orders I believe these are all the facts we wish to present at this time said Judge Ames DEFENSE HEARD The defense thereupon started to I read its motion to dissolve in the form II I of ot an affidavit The document asserted the legality of the strike call and that the sole ob object object object ob- ob was to better the tho living conditions of the miners by increased wages and shorter working hours This was wag ex explained explained ex- ex x- x as designed to combat the government assertion of a conspiracy to violate tho the Lever food and fuel control control control con con- act THE LEVER ACT The affidavit cited the statute forbidding forbidding for tor- bidding issuance of Injunctions in labor disputes unless based upon destruction destruction destruction tion of property of the complainant The Lever act it was argued had become become become be be- come ineffective because the war war had ceased progressively two of th th-o circumstances circumstances cir dr cited in this connection being that the soldier members of the union had been discharged from government government gov gov- service and that the coal coalmines coalmines mines es had been returned to their own own- ers era The union therefore believed that peace ace had come and that the United States was no longer at war said the affidavit and It offered to show the court that by acts of the federal ad administration administration administration ad- ad ministration the war powers to the fuel industry had been dissolved RIGHT TO STRIKE I IThe The motion also argued that the re restraining restraining restraining re- re straining order was calculated to de destroy destroy destroy de- de stroy the right to strike and result in dissolution of the organization It also asserted that the portion of at the order restraining use of union funds confiscated property without due process process pro pro- cess ceas of law This closed the evidence and Judge Anderson then agreed with the attorn attorneys attorneys n n-eys n ys th that t an hour and a half be al allowed allowed at- at lowed towed each side for argument BEGIN ARGUMENTS Judge Ames opened for the govern govern- ment Reading Reading- tie from 0 to UM Congressional Record he got into the case President Wilsons Wilson's statement ent on the coal strike reading It in full tull |