Word: laguardias
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Federal Judge T. Alan Goldsborough tried to restrain Lewis until the question of his right to call off the contract could be settled by the courts. Goldsborough ordered him. not to call the strike. Lewis called the strike anyhow, arguing that the Norris-LaGuardia Act took away the court's authority to enjoin workers in a labor dispute. Obediently his miners, nearly 600,000 of them, walked out. Goldsborough convicted him of contempt and the case went to the Supreme Court...
...Thrust. The Court might have confined itself to the question of contempt, plastered Lewis with the fine and let it go at that. But not this Court. Boldly, Chief Justice Vinson struck out into the jungle country of the Norris-LaGuardia Act. The case did raise the question of whether the Act can be applied when the Government is the employer. In other words, can workers under Government authority keep the right to strike? Lewis' miners were technically working for the Government when they struck...
Four justices (Rutledge, Frankfurter, Jackson and Murphy) held that the Act applied in the miners' case as much as in any industrial dispute. Said Murphy: "The whole thrust of the Norris-LaGuardia Act is directed toward the use of ... injunctions in cases arising out of labor disputes. . . . This case is one growing out of a labor dispute...
...Government as the sovereign, they said, stands beyond the jurisdiction of the Norris-LaGuardia Act. The Act only pertains to "persons" involved in labor disputes, and the sovereign is not "persons." Was it the intent of Congress, which wrote the Act, that the Act should not apply to Government? Union lawyers argued that if Congress intended to exclude the Government from the Act it would have said so. Congressman James Beck had argued at the time that Congress should have said so. Vinson impatiently, almost angrily, brushed aside that argument. "We do not accept his [Beck's] views...
Richberg, a graduate of the Law School, is co-author of the Norris LaGuardia Act, the NIRA, aur the Burton, Ball-Hatch bill on labor relations. Because of his work on the last, he has been called a "turncoat" by pro-labor followers who recall his work on the Norris LaGuardia and the National Industrial Recovery Acts...