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Supreme Court — Part 6
Page 25
25 / 108
YT
john LUS.,
Are Needled
By High Court
Frankfurter Throws
Documents to Floor
By FEANE HOLEMAN
; With black-robed justices pep
pering questions at both sides, the
Supreme Court latened for nearly
\four tense hours Fday. while
wyers for John La Lewis and
e Government arguéd the eon-
pt conviction and '$3,510,0)
ine growing out of the soft
strike.
The court adjourned with
word as to when te wil mand
down tts decision.
Attorney Gene: Ge “glad a
black cutaway coaf\for the mo
mentous trial, whigh may deter-
mine the Government's full power
over labor unions, charged that
Lewis and hia Dnited Mine Work-
Ts Union (AFL) “do not yet seem
realize” that their recent coal
trike “feli ttle short of cauzin
ans national disaster" and was
; “ingnit to the United Btates i
i Sarena §= self." Moreover, Lewis and
United Mine Workers are con-
tinuing their “defiance” of the
eourta, possibly a side reference
to the threat of a crippling new
coal strike next March 31.
opkins Reversal
Welly E.){fopkins, chief couy
for Lewia,\retorted with a d
“mand that the high tribunal
verse the lower court's judgment
because ‘Trial Judge T. Alan
inal “contempt together, de
nied Lewis a jury on the contempt
charge and slapped the heaviest.
fine In history on the union and
ita leader.
The dramatic highlight of the
hearing in the lofty jam-pack
‘pink-ma’ courtroom came wh
weph AAPadway, another Lew
wyer, excerpts from
clal i and a 1932
‘tng the , of Injunctions ‘n
Frankfurter, sitting behind the
high wooden bench with the eight
other Justices, flushed, “then
loosed a barrage of questions
" gesling with the details of laws
under which President Truman
selsed the 3,300 mines last May 21.
Hille at Paychoanalyels
' All the judges, except Justice
Murphy, shot questions at the
jlawyers. Justice Black dug into
ithe exact details of Government
| operation of the mines. afxr
Hopking claimed U. &: déwnership
‘was a “fiction.”
At one point, Justice Jackson
demanded that Assistant Attor-
pey General John Fj, Bonnett
{Turn to Page 2, Coil. 2)
{difference in this case?”
what function the Government
Goldsborough lumped “eivi] ind”
yy Secretary of Interior Krug last
Mr. Tolson
ti ( rt Fi tr. E, A. Tamm
. tr. Glavin
Quiz Barrage in tena
Mr. Nichols
1St ik Mr. Rosen
0a rl e Case Mr. Tracy
: . : | Mr, Carson
(Continued from Hirst Page) Mr. Egao
wit “Dpeychoanalyzing Congreas-
men,” after Bonnett had dwelt at ple Mr. Gurnea
‘length on congressional debates Mr. Harbo
‘Preceding passage of the Norris Mr. Hendon
LaGuardia and @mith-Connally Mr. Jones
ts in response to questions by Mr, Pennington
nkfurter.
At this point Frankfurter, in
wad of annoyance, grabbed a
of documents, swiveled
jaround on his high back chair
‘and flopped them onte the floor
with a thud.
A page boy came along
scooped ther up.
; Black demanded whether
“way, the silver-haired eral
course], thought theA§ Norris!
Guardia Act, which injune-
ions In labor disputes, §pplies to
he Government.
“To any dispute between any :
mployes and employer,” Padway y.
bswered. a .
“Buppose you're wrong and the m, a . ow
act does not apply to Government _ “
employes,” Justice Douglas inter. ,
‘rupted. “Would that make any
Wouldnt Make Any Difference
Padway said it would not be-
fause the miners are not strictly
Government employes.
Chief Justice Vinson saked if
Padway challenged the
dents right to seize the min
under his war powers. “No,”
lawyer reptibd.
“Does the Omith-Connally A
risLaGuardia Act
“ “No,” Padway de-
lared emphatically.
Douglas demanded to know
was performing by seizing. “The
‘lenly function of Government by f*
taking possession js to prosecute Ik
‘funion officials and workers for De
interfering with work,” Padway
answered.
“JT would like, at the outset 0!
Mr. Quins Tamm_
jasue here is not & dispute & “ PET
éer Chovernment ‘snd ‘labor, ay WA i.
Clark declared. “The Governmen’ N oe * 19 4?
does not ask this court to estab
lish any principle which would a
interfere with recognized wn . A
fright of labor."
Then he drew a vivid word pic-
re of the industrial collaps
hich faced the mation dur:
e li-day strike by 400,00
M.W. members after Lew
“terminated” his contract wil
November 21. {
Then he related how the Gov-
amiment got a temporary restrain- —
ine order from Goldaborough. - =
~4 Lewis ignored the order.
Insult to U. 8. Charged
“In my humble opinion,” Clark
sald fervently, “to hold a United
States court in contempt is an
inguit to the United States itself;
it compromises al} law and invites
Hopkins, eparking the defense
‘charged that Goldsborough erred
when he refused to tell the de
hich kind of contempt ,
they wore nich xin with, until
Décember 4—the he slapped
the union
day
@ 63,600,000 fine on
and $10,000 on Lewis personally.
for pote civil and criminal con-
" Lewls, alling since the time of
the first trial, waa en route to
Miami to bask in the sunshine
‘until the AFL executive council
Meeting there January 26.
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