Jasper County Democrat, Volume 22, Number 65, Rensselaer, Jasper County, 12 November 1919 — MINERS SILENT AS TO ATTITUDE [ARTICLE]

MINERS SILENT AS TO ATTITUDE

00 Strike Recall Ordered By Judge Anderson. TIME UP YESTERDAY NOON Time Limit Up Yesterday Noon When They Were Required to Report to Federal Judge—Federatton of Labor Endorses Strike*

As The Democrat went to press yesterday forenoon the all-absorbing topic the country over was, "Oat will the miners do?" Under the ruling at Judge Anderson they were required to report their decision to him at 12:25 p. m- o'clock yesterday. The conference of the heads of the different state organizations held in Indianapolis Monday was in session until a late hour Monday night, but no word of the decision reached whether to comply with the court’s order and call off the strike or go ahead and defy the government*—would be given out. It was hoped that the former decision was reached, although the radical heads of the union seem to be of the latter class. At a meeting of the American Federation of Labor, held in Washington Saturday, hearty endorsement of the strike and support of the miners was promised. Should a nation-wide strike of all the labor unions of the country affiliated with the A. F. of L. be called it will put the matter squarely up to the people whether the labor unions can run the country and defy the government or not. The people are getting awfully tired of the dictation and strikes by the labor unions and public sentiment is ropftlly turning against them.

Indianapolis, Nov. 8. —Cancellation of x the strike order whlcn, since midnight of Oct. 31, has kept 400,000 union bituminous miners out of the coal pits, was ofrdered by Judge A. B. Anderson in federal district court here today. Violation of the wartime federal food and fuel control act, as alleged by the attorney general’s de. partment, was affirmed by the court* who said the strike was not only; illegal but that under the circumstances, it approached rebellion. Unless the union leaders choose to defy the court —and there was no Indication tonight of any suctt intention —they can move only to* wards ending the big walkout. The court's order was so that failure to cancel the strike call or any affirmative word or action tending to "aid and abet” the continuance of the strike, would make them violators of the Injunction and in contempt of court. Tonight, therefore, the union leaders are under orders to meet here Monday, draw up a cancellation of the strike order, submit it for Judge Anderson's approval by 10 a. m. Tuesday, and have notice of it on the way to all local and district unions by 6 p. m. that day. Telegrams summoning district presidents of the union and members of the executive board and the central competitive field scale committee to meet here Monday, were dispatched a few hours after Judge Anderson’s sweeping mandate had been Issued. Union officials here would not comment upon the court action. "Not a word,” said John L. Lewis, acting president of the big organization, and his colleagues were even less* communicative. A shake of the head sometimes accompanied by a grim smile, was as far as they wished to go towards indicating what they thought of the situation. O. B. Ames, assistant attorney general, who conducted the case for the government, also smiled, but more cheerfully than the union men, when asked for comment, and said: "The decision speaks for itself.” Attorneys for the union fought

a losing fight from the start of the proceedings. First, they moved postponement for a week, indicating that there was a chance for settlement of the strike by that time- Mr. Ames objected to postponement and the court ordered the case to proceed. Then the government introduced five affidavits as evidence that the operation of the railroads was being interfered with and that contracts between employers and miners scad been broken. The defense responded with its motion for dissolution of the restraining order and arguments followed. Although allowed an hour and a half, Mr. Ames took only 35 minutes in presenting the government case. He based his argument upon President Wilson’s denunciation of the strike and said that the structure of the government was endangered by the defendants’ violation of the fuel control law. From that point the proceedings were hurried by Judge Anderson, who gave the attorneys for the defense little opportunity to go into legal points they tried to get into the record.

'He upheld in every particular the contentions of the government that the strike was illegal under the Lever food and fuel act and said that the upholding of this act was the only question before the court. At one stage he indicated that the right to strike was not appll* cable to the case because none of the defendants to the proceedings was earning his living by working as a miner; but he allowed the argument to proceed on the theory that the union officials were proper agents of the miners, carrying out orders given by their principals. Almost immediately, however, the court threw the discussion back to the wartime powers of the fuel fend food control law and advised the defense the injunction proceedings probably will rest until Nov. 20. The defendants will have until that date to file a formal answer and when that time expires it is within the province of the government attorneys to ask that the temporary injunction issued today be tmade permanentIt was pointed out by government officials that this was expected to result inasmuch as Judge Anderson decided the Issues in the case today. Attorneys for the miners indicated they will take the case to the United States Circuit Court of Appeals in Chicago at the earliest possible date. Such action, ’however, will not affect the Injunction proceedings nor the government’s plan to ask that the temporary Injunction be made permanent on Nov. JO. In the meantime, It is pointed

out, the court’s order to call oft the strike must be carried out.