THE COURT: Well, I have not been convinced

by the evidence here to the extent by which I could possibly

grant injunctive proceedings now. I don't have anything here upon which I could' rest it. I could not make findings of

fact that would satisfy me, first of all, that the injunctive

However, I have this feeling:

That if the

case had been factually filled out -- and I realize that

this is a preliminary injunctive hearing, not a final hearing -- had it been properly filled out rather than by conclusions and possible opinions or rumors, as the case may be, that there would be a showing of harmful action on the part of the union leaders. That is very possible, but I don't have that kind

of evidence here. I only have the conclusory evidence which is not sufficient for an extraordinary writ.

Now, my feeling here is that I should not

grant any injunction, but retain jurisdiction to ascertain

whether or not the union, the international, the district

will pursue its way lawfully, fairly, evenly, so that the congressional Act may be executed for the purposes for which

OFFICIAL REPORTERS, U. S. DISTRICT COURT, PITTSBURGH 19, PA.

it is intended. As of now, there is a suspicion that that

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is not being done, and if it is not being done, then I

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can't have any equitable inclination toward either the

district or the international for its failure to do those

things which it ought to do by law and which it itself

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assumed to do by its own rules or constitution.

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That is the best I can do now.

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MR. YABLONSKI:

If it please the court, if I

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may just address myself to one other thing, I would feel
that our request is to maintain the status quo. I think

this is what the court-

any status quo at this time.

MR. YABLONSKI: May I suggest this: The

alternatives of what may happen in the event there is no

action taken by us-

THE COURT: If I retain jurisdiction and it does prove that certain things which you attempted to prove

but did not prove were true, my jurisdiction continues

through the election. There is every possibility that that

election may be affected some way

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I don't know how at this

moment; it would take a little bit of thinking and a little

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bit of research, but I believe that the members' rights

must be protected within their classes. If a person is

incapacitated and is not an active member of a union,

OFFICIAL REPORTERS, U. S. DISTRICT COURT, PITTSBURGH 19. PA.

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I can understand that he does not have the same interests

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as an active member of the union, one who goes down into the

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mines and actively risks his life or risks his earning power

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in the same way as does one who has already spent his life

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in the mine and is no longer required to risk either his

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life or limb. There is a difference.

There is a class

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there. There is a classification, but each of these classes

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belongs some place in line with what these rules and

regulations have provided, but I cannot make a determination

on that unless I have facts to bear them out. I must make findings of fact. I don't have them here. I have a suspicion

that they may exist, but suspicion is not enough for a decree of this court, is it?

MR. YABLONSKI: No, your Honor. Would your

Honor agree that in the event that you ultimately make such
a determination in line with our contentions that then the
contention which is now scheduled to be held might ultimately
have to be upset and declared a nullity?

THE COURT: I would have to check into the

law. I would have to make research and I would have to get the cooperation of counsel, I suppose, as well, in an effort

to see to it that justice is done in line with my jurisdictional

powers. I couldn't do anything beyond that; I will not. You

wouldn't want me to try and do some thing I can't do.

MR. YABLONSKI:

Well, if I may, your Honor,

OFFICIAL REPORTERS. U. S. DISTRICT COURT, PITTSBURGH 18, PA.

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then I would like to at this time propose a possible
compromise to this matter as it exists now. In line with

the action of the National Labor Relations Board in such

matters, the district officers in the conduct of their
convention could take those ballots on matters voted upon,
those ballots voted by the questioned local unions, under

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seal, labeled, and then subject to the ruling of this court, they would be either counted or not counted.

THE COURT: I will not give them instructions

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on how to do it. I will merely put them on the alert that
The case is open here for such rights

as I may exercise as of the proper time. I think that this

would be propor notice, and I think under these circumstances

here, the right thing will be done, but I also believe that
interested parties should have the right to watchers and to
such inspection as the records may entail.

Now, that is, I think, a pretty big remedy

where you are now put in a position to ascertain and procure, perhaps, evidence that you don't have now.

I believe that the District and the International

itself will be anxious to be guided by its own laws rather

than have a court come in and tell it how it should guide.

23 itself when it doesn't guide itself by the constitution, or

by its respective constitution. Thus, you are being helped

in that way without an actual decree, aren't you?

OFFICIAL REPORTERS, U. S. DISTRICT COURT, PITTSBURGH 19, PA.