slow-down, walk-out, cessation of work, or otherwise, with the operation of coal mines.
4. By reason of the facts found in paragraphs numbered 34(a) through 34(e), above, the defendants, and each of them, have at all times since the service upon them on November 18, 1946, of the temporary restraining order of this Court, wilfully, wrongfully and deliberately disobeyed and violated the terms of the said temporary restraining order, and have obstructed and interfered with the determination of this case by the Court.
5. The defendant United Mine Workers Of America at all times since the service upon it on November 18, 1946, of the temporary restraining order, has, beyond a reasonable doubt, committed and continues to commit a civil contempt of this Court.
6. The defendant United Mine Workers of America at all times since the service upon it on November 18, 1946, of the temporary restraining order, has, beyond a reasonable doubt, been guilty, and is now guilty of a criminal contempt of this Court.
7. The defendant John L. Lewis at all times since the service upon him on November 18, 1946, of the temporary restraining order, has, beyond a reasonable doubt, committed and continues to commit a civil contempt of this Court.
8. The defendant John L. Lewis at all times since the service upon him on November 18, 1945, of the temporary restraining order, has, beyond a reasonable doubt, been guilty and is now guilty of a criminal contempt of this Court.
In sentencing the defendants the Court made the following oral statement:
The Court. You see, this is an unusual situation. It is not only an unusual situation but an unprecedented situation.
This is not the act of a low lawbreaker, but it is an evil, demoniac, monstrous thing that means hunger and cold and unemployment and destitution and disorganization of the social fabric; a threat to democratic government itself, and it is proper for me to say at this point that if actions of this kind can be successfully persisted in, the Government will be overthrown, and the Government that would take its place would be a dictatorship, and that the first thing the dictatorship would do would be to destroy the labor unions. That is in accordance with all history.
Now, not only is it the things that I have said, but it is this:
The Government of the United States is endeavoring, through an accepted world leadership, to unite the peoples of the world in such a way as to raise the universal standards of living; to unite the peoples in good fellowship and to increase economic power for the benefit of all people by the work that it is trying to do.
A spectacle of this kind, of course, tends to turn the Government of this country, the social fabric of a democratic people into ridicule in the minds of the people of the world.
It seems to me that this is one of the most serious situations that has ever developed in the republic.
Now, I don't think, as I think I have said before, that anyone wants to see the unions hit a mortal blow, or any blow which will turn back the condition of labor. I think that every thinking and well-informed person understands, as I have said before, that the power of capitalism to produce is practically unlimited; and, aside from humanitarian considerations, aside from the fact that we are all interested in raising the standards of living of all of our people, what capitalism needs is a market, and you cannot have a market unless the people have buying power, and they cannot have buying power unless they have salaries and wages.
I cannot say whether labor has a greater friend in this country than I am or not, but I cannot conceive of it, because I have been that friend ever since the first moment of my conscious thought and opportunity to see things as they were.
Now, the Court does not see this recommendation of the Government, insofar as the union is concerned, as a desire to strike at the miners. Certainly, from the Court's standpoint, it is a desire to protect the miners' ultimate interests. Anything the Court does includes that desire.
As far as the miners themselves are concerned, it is a case of 'Father, forgive them, for they know not what they do.'
But unless those who are directing the affairs of this union are corrected, they will destroy the union, because if the worst should come to the worst (and it won't), and it is a question of the destruction of this union or the preservation of this Republic, the Republic is going to be preserved.
Now, there is no other method of punishing an unincorporated organization except by a fine. It cannot be done by imprisonment. The Court does not think that the suggestion of the Government constitutes cruel or unusual punishment.
Certainly the action in initiating this totally unnecessary strike is costing the people, including the miners, much more than any fine that will be imposed.
Now, as to the individual defendant:
Of course, no humane court wants to impose punishment on anyone. On the other hand, any court that understands justice wants to impose punishments equally upon peoples of all classes.
As far as the individual is concerned, if he were to be punished in accordance with his offense, the Court thinks that nothing would suffice except a prison sentence, and sometimes the Court doubts if matters of expediency ought ever to govern. Sometimes the Court thinks that the spiritual values in doing exactly the right thing will, as a practical proposition in the end, result -- give better results than a decision which may for the time being seem to be wise.
But I may be wrong, and this is a tremendously difficult situation and one in which the Court does not feel that it ought to disregard the advice of the Government.
The Government in this case is not merely a technical party to the suit as it would be, for instance, in a case of larceny or robbery, or a case of the United States against an individual, but in this case the United States represents all the people at a time of great national crisis, and the Court does not think it should disregard its recommendation.
The sentence of the Court insofar as to the United Mine Workers of America, an unincorporated association, will be, in accordance with the Government's recommendation, a fine of $ 3,500,000.
The sentence as to the individual, John L. Lewis, will be a fine of $ 10,000.
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