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...Congress at the time," mused Judge Goldsborough. In fact the judge voted for the bill, Padway recalled. The act specifically outlawed use of injunctions in a labor dispute. Wasn't this case a labor dispute? "Calling it a labor dispute does not make it one," said the judge...

Author: /time Magazine | Title: National Affairs: Citizen & Sovereign | 12/9/1946 | See Source »

Lawyer Joseph A. Padway, barrel-shaped and bull-voiced, had taken up the morning with his arguments for the defense. The presence of Padway, A.F.L.'s brightest legal light, gave John much inward satisfaction. The A.F.L. hierarchy might hate and fear Lewis for the way he had assaulted them in the past, but they had to come to his support on an issue like this. Padway was the big opening gun in the battery of defense...

Author: /time Magazine | Title: National Affairs: Citizen & Sovereign | 12/9/1946 | See Source »

...contract with the Government (nominal operator of the coal mines since May 21), he had sent his miners out on strike. Judge Goldsborough had tried to restrain him from doing just that, but he had done it anyhow. So Goldsborough had charged him with contempt of court. Now Padway was trying to prove that, because of the Norris-LaGuardia anti-injunction act, Goldsborough had no right to issue the restraining order, therefore Goldsborough could not hold Lewis to have been in contempt. In short, said Padway, the court had acted outside its jurisdiction...

Author: /time Magazine | Title: National Affairs: Citizen & Sovereign | 12/9/1946 | See Source »

...that is so," orated Padway, "not only should Mr. Lewis be punished for contempt but his lawyers as well, for we advised him wrongly...

Author: /time Magazine | Title: National Affairs: Citizen & Sovereign | 12/9/1946 | See Source »

People in Servitude. From his carefully prepared brief, Padway, a labor lawyer for 31 years, traced the history of injunctions in the U.S. For years management had made full use of that weapon, persuading the nation's judges, backed by the militia and the police, to enjoin labor from making any offensive move. The practice became so notorious that Congress tried to limit it in 1914 with the Clayton act. But the judges were reluctant to give up their power. In 1932 Congress tried again with the Norris-LaGuardia anti-injunction...

Author: /time Magazine | Title: National Affairs: Citizen & Sovereign | 12/9/1946 | See Source »

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