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Supreme Court — Part 8
Page 105
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over the country and could not be adequately controlled.
hat ras the du
ty of the Government? Should it sit by and permit
this strike to occur? -- Or should it proceed at once to obtain a judicial
determination that the contract was still in effect, and that the purported
notice issued by the defendants was a nullity. That was the course the
Government determined to take--the only course which held promise of
immediate relief and of preventing irreparable injury to the Nation.
Seelkin;, to avoid the pending disaster to the country,,the Government re-
sorve: to the courts--where every American should go for a determination
of his rights. |
The corplaint was brought under the Declaratory Judgment Act end ole
tar
leged tne undisputed facts of the controversy. It prayed for a declara-
tory juazment, seeking a determination that the defendants had no ri
or Buthority to terminate the Krur=-Le.is Agreement, and that the notice
issued by the defendants on November 15th was unlawful and void. As
ancillary relief we sought a temporary restraining order to prevent ire
reparabie injury to the United States and its people, and to preserve
the jurisdiction of the court. ‘his was to maintain the status-quo-=to
keep the defendants from stopping the operation of the mines by inducing,
er coercing the miners to leave their work. The complaint and the afe#
fidavits supporting the prayer for an injunction set forth specifically
Tt. - oe
result to the United States from the
action of the defendants in causing a wort stoppage.
In seeking this relief the defendants say our position 4s inconsistent
“
with our statement in the millwork and patterned lumber case from California.
(Carpenters' Union v. United States) 1 tried that case in the lower court.
-It was an indictment under the antitrust laws. That oase affected only
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