MR LEWIS SENTENCED FOR CONTEMPT

Press, Volume LXXXII, Issue 25051, 6 December 1946, Page 7

MR LEWIS SENTENCED FOR CONTEMPT

Court Imposes Fine Of 10,000 Dollars

MINE WORKERS’ PENALTY 3,500,000 DOLLARS

(N.Z. Press Association—Copyright) (Rec. 10.30 p.m.) WASHINGTON. Dec. 1. The Federal Court fined Mr John L. Lewis 10,000 dollars and the United Mine Workers’ Association 3.500.000 dollars for contempt of court. Notice of appeal was filed bv counsel for the defence. Miners’ leaders in West Virginia said that the fining of Mr Lewis and the Mine Workers’ Association would not end the strike. They said unrest Was mounting among the miners, but so far no outbreaks had been reported. The general reaction was more one of dogged resentment than of violent resistance. The miners already had lost 50,000,000 dollars in wages. The United Press says the general feeling among miners in the Pittsburgh area was hostility to the Court’s action and strong support for Mr Lewis. Many predicted the gravest industrial unrest. Government attorneys indicated that in view of the national emergency they may ask that the appeal on behalf of Mr Lewis be taken up by the Supreme Court instead of proceeding to the Appeals Court. The Supreme Court, however, may rule that the appeal must go to the Appeals Court in the normal way. The United Mine Workers’ Association must post a bond of 3,500,000 dollars if it proceeds with the appeal. • It is estimated that at least 2,000,000 workers will be rendered idle throughout the nation within 10 days if the coal strike continues. The port of New York will be paralysed within a fortnight and the nation’s total exports will be reduced 80 pet cent.

A series of conferences in chambers between Judge GoldsbotOugh and both counsel delayed the sentences on Mr Lewis and the United Mine Workers. These conferences later led to speculation on the likelihood of the coal strike being settled. This brought an avalanche of buying orders on the New York Stock Exchange market and caused many shares to be marked up. Crowds waited both in and outside the courtroom. The Court, which met in the morning, adjourned at noon until 3 p.tn.. When it resumed the Government attorney (Mr John Sonnett) asked the Court to fine the United Mine Workers 3.500,000 dollars for contempt. He said that Mr Lewis should be subjected to substantial punishment, but at this tihie a gaol sentence could accomplish nothing. Judge Goldsborqugh asked Mr Sonnett whether the Government desired a permanent injunction against Mr Lewis and the United Mine Workers. Mr Sonnett replied that he thought a temporary injunction would suffice. Judge Goldsborough said he wondered in view of the fact that this conteinbt inight continue, whether he could agree that the fine should be 250,000 dollars a day from midnight on November 20. CoUhsel for the American Federation of Labour (Mr Joseph Padway), commenting on the Government's recommendation, said that there Was no evidence showing damage amounting to 3.500.000 dollars. He added that penalties could not be founded in imagination. The proposed fine Would be “cruel and inhuman,” arid there /was no similar case on record except one which Was fevetsed. Mr Padw’ay argued that the Government’s case did not sustain a civil contempt verdict and that the Court’s criminal contempt finding violated the constitution. Before sentence was imposed, Mr Pad way told the Court the defence had been trying to ascertain whether individual miners were held in contempt but it had not received an answer. He added that the fine of 3,500,000 dollars was nothing more than an imposition against individual miners. “It is the miner’s dues, his cents and his dollars, that will have to satisfy such a judgment as that.” he said. “If it is the Government’s Intention to put the United Mine Workers out of business and destroy the Union by a fine of such magnitude, it might as well know now that its purpose will not be accomplished. The mihers will remain as strong as ever. The Government’s proposed fine is uhjust, improper. ahd outrageous.” The union counsel, Mr W. Hopkins, said that the Government’s recommendations, would live in infamy. The Government was seeking to repress millions of men. “Shame on the Government for trying to perpetuate such an outrage,” he added. "I denounce

the Government’s action with all my heart and soul.” Mr Hopkins said the proposed fine made him feel that he should challenge physically the Government representatives who suggested it. “Shame upon you. Double shame!” he said. Mj Lewis then arose and shook hands. He said: “Sir, I associate myself with every word you have uttered. I do not desii-e any mercy from the Court.” Mr Lewis told the Court what property he possessed. He said that apart ftorti it he only had enough money t 6 pdy expenses. “As far as t am concerned don’t let that deter you from fining me any amount,’ he added. Mf Lewis, raising his voice, accused Government counsel of lying to the Coutt about his expense account. Mr Lewis's resentment at Mr Sonnett’s reference to his expense account was provoked by Mr Sonnett having said that Mr Lewis determined the amount of it himself. Mr Lewis receives an annual salary of 25,000 dollars, plus an undisclosed expense allowance. Judge Goldsborough warned him not to again commit contempt. Mr Lewis: I have been adjudged guilty of contempt. Judge Goldsborough: Yes but there are other kinds of contempt. Judge Goldsborough said that the case represented an unprecedented situation. “This is not an attack by a low lawbreaker,” he added. “It is an evil, monstrous thing. This coal strike is ohe of the most serious threats ever experienced in this country. It means hunger, cold and destitution. It is a threat to democratic government itself.” , Judge Goldsborough added that nb - one wanted to see the union dealt a mortal blow, nor anything done which would turn back labour conditions, but if it became a question of the destruction of this unioh or the country’s preservation, the country wa s going to be preserved. Judge Goldsborough said he personally believed that Mr Lewis should be imprisoned, but he felt bound to follow the Government’s contrary view because in this situation the Government spoke for the people. At Mr Sonnett’s request the Court granted an injunction against Mr Lewis and the United Mine Workers to replace the restraining order. Mr Sonnett indicated that further penalties would be asked for if ihe coal stoppage continued. The defence filed notice of appeal and moved that judgment be suspended. Mr Sonnett did not object provided the defence posted a bond in Court and gave the defence until 3 P.m. to-morrow to host the bond. Judge Goldsborough said that if Mr Lewis had been sentenced to imprisonment he would hot have been allowed a bond.