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COURT UPHOLDS THE GOVERNMENT: 1 AND ORDERS STRIKE LEADERS ( TO CANCEL ORDER WHICH 1 CAUSED MINERS TO QUIT J Indianapolis, Nov. 8:?Cancellation | of the strike order which since midnight of October 31 has kept 400,000 t union bitiminous miners out of the ? V coal pits of the country, was ordered ^ by Judge A. B. Anderson in the federal district court of Indianapolis, Ind. Saturday. t "Violation of the war-time federal ^ food and fuel control act, as alleged by the Attorney General's depart ment, was affirmed by the court, who c said that the strike was not only il- g legal, but that under the circumstances it approached rebellion. Unless the union leaders choose to defy the court?and there wps no indication tonight of any Such intention a ?they can move only towards end- | ing the big walkout. The court's or- a der was so worried that failure to ^ cancel the strike call, or any affirma- t tive word or action tending to "aid and abet" the continuance of the ^ strike would make them violators of ^ o the injunction and in contempt of court. C. B. Ames, Assistant Attorney _ General, who conducted the case for the government, when asked for comment, and said: "The decision speaks for itself." Attorneys for the union fought a losing fight from the start of the pro- " ceecungs. First they moved postponement for a week, indicating that there was a chance for settlement of the strike by that time. Mr. Ames object 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 interferred with and that contracts between employers and miners had a been broken. The defense responded I with its motion for dissolution of the *1 restraining order and arguments fol- n lowed. Although allowed an hour and a P half Judge Ames took only thirty-five minutes in presenting the govern- ? ment case. He based his argument 1 upon President Wilson's denunciation c' Df the strike and said that the struc- w ture of the government was endan- k gered by the defendants violations of c" the fuel control law. n From that point the proceedings were hurried by Judge Anderson, b who gave the attorneys for the de- j b fense little opportunity to go into le- c gal points which they tried to get in- fi to the record. He upheld in every par- b ticular the contentions of the govern- ^ ment that the strike was illegal un- b der the Lever food and fuel act and ^ said that the upholding of this act ? was the only questions before the court. * _ 81 At one stage he declared that the t] right to strike was not applicable to * r the case because none of the defen- ^ dants 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, tarrying out orders given by their principals. Almost immediately, however, the court threw the discussion back to the wartime powers of the fuel and food control law and advised the de-1 fense attorneys not to waste time by arguing questions. Judge Anderson next stifled this line of debate also by announcing flat ly that he was going to noia me i,e\er act constitutional, and in effect unin the President of the United States formally decrees the end of the war. "This case,' he said, in issuing the injunction, "involves solely the question of enforcing the law. It is my absolute duty to uphold the law which to one man and nobody of men has " the right to override. Were we to admit to even the slightest degree a I contrary right. We would undermine ' the foundation of the republic. "The government is right in seeking to uphold its own laws and in asking its courts to aid it. These men have done an illegal act from which | irreparable injury results 10 the complaintant." The injunction, prepared by the Attorney General's Department in Washington, repeated the restraining order of October 31 which forbade the issuing of any messages, oral or written, of "exhortation or encouragement" to the strikers and also tied up the union's relief funds. It then provided the mandate for cancellation of the strike call in the following language: "And thev (the defendants) are . . further enjoined from permitting tne strike order issued on or about October 15, 1919, to the miners and mine workers in the bituminous coal fields of the United States to take effect on midnight of October 31, 1919, tolonger remain in effect, commanding them to desist from aiding such strike bv permitting said strike order to re " t p. I main in effect, and commanding then to issue a withdrawal and cancella tion of said strike order and commu licate the same to district or loca jnions, committees and members o :he International United Miners Work ?rs of America, as fully and cimplete y as the said strike order has beer ier*etofore ^distributed and circulatec ;o the said organization, its members listrict or local unions or any com nittee thereof." If left to pursue its normal course he injunction proceedings probablj fill rest until November 20. The deendants have until that date to file i formal answer and when that time xpires it is written the province ol he government attorneys to ask thai he temporary injunction be made ermanent. It was pointed out by government ifficials that this was expected to reult, inasmuch as Judge Anderson lecided the issues in the case. "Attorneys for the miners indicat<1 that they will take the case to the nited States circuit court of appeals ,t Chicago at the earliest possible late. Such action, however, will not .ffect the injunction proceedings nor he government's plan to ask that he temporary injunction be made ermanent on November 20. In the neantime, it is pointed out, the courts rder to call off the strike must be arried out." rANLACOTEME BACK MY STRENGTH I THINK IT IS THE GRANDEST REMEDY," SHE DECLARES . 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