The Washington herald., 1921-10-27

Injunction Possible If the
Brotherhoods Fulfill
Walkout Threat.
~ -
AMPLE POWERS
IN U. S. COURTS
Debs and Others Jailed
, For Contempt in
1894 Strike.
ny ROBERT ). BENDER.

ny ROBERT ). BENDER.
Attorney General Daugherty has
decided that should a rail strike go
into effect, the government, IL nec-
essary, will enjoin the leaders
against stopping transportation of
mails and interstate commerce.
A precedent for such action was
established during the famous Pull
man strike in 1894, and Eugene
V. Debs, then president of the
American Railway Union. can tes-
tify that leaders acting In con-
tempt of such an Injunction. can be
placed in Jail and kept there.
Troops Only In Emergency.
Briefly this appears to be the
initial program of the government
in event all other means of pre-
venting a collapse Of transporta-
ton fail. Troops will be resorted
to only in extreme emergency, for
it is believed that sufficient men
will be available to man all trains.
1t was on an appeal for writ
of habeas corpus, made by Debs
and the vice presidents of the
American Railroad Union. who
were imprisoned with him for fail
ure to heed the injunction in the
Pullman strike. that the govern
ment now finds its ample power"
for the purposed action IL the
present strike threat bears fruit.
In answer to the appeal Of these
prisoners for release at that time.
Justice David ]. Brewer. of the
United States Supreme Court, de-
MED the application.
Upholds U. 8. Powers.
He held that:
The Government of the United
States has jurisdiction over every
foot of soil within its territory.
and acts directly upon each citizen.
while IL is government of
enumerated powers. it has full at
tributes of sovereignty within the
limits Of those powers. among
which are che power over inter
state commeree and the power over
the transuission OF the mails.
"The p1sFefb thus conferred are
not dormant, but have been as
sumed and put into practical exer-
else by Congressional legislation.
I'm exercise Of these powers. the
United States may remove every
thing put upon highways. natural
or artificial. to obstruct the pass
age, of Interstate commerce or
carrying of the mails.
May Invoke Injunction.
while II may be competent for
the government. through the ex-
N sfha of
the entire executive power Of the
nation. to forcibly remove all such
distractions, II Is equally within
its competency to appeal to the
civil courts foFan inquiry and de-
termination as to the existence and
the character of any Of them. and
IL such are found to exist or
threaten to occur, to invoke the
powers OF those courts to remove
or restrain them--the Jurisdiction
of such courts to interfere in such
matters by injunction being recog-
mixed from ancient times and by
indubitable authority.
Such jurisdiction is not ousted
by the fact that the distractions
are accompanied by or consist of
acts in themselves violations or
the criminal law, or by the fact
that the proceeding by injunction
Is of q civil character, and may be
enforced by proceedings in con-
tempt; as the, penalty for q viola
tion Of such injunction Is no sub
stitute for. and no defense to .
for criminal offences
in the course of such
violation.
Power In Circuit Court.
The complaint filed in this case
clearly shows an existing obstruc-
ton Of artificial highways for the
passage of interstate commerce and
the transmission Of the mails. not
only Temporarily existing. but
to continue, and under
1t. the circuit court has power to
issue its process of injunction"
The big question. Of course, is
" h ether Injunction proceedings
against the brotherhood chiefs and
others-or even the failing of the
union officers 10 event they disobeyed
the court-would stop the strike. In
the case of the Pullman strike, the
walkout spread steadily Throughout
the West and parts of the East until
in the latter part Of June 1t reached
its peak. This was shortly aftei
Debs had called his sympathy
strike" to cripple all transportation
systems. q
Omcers Seat to Prison.
After the Injunction was invoked
against him and his fellow officers
In July and all were sent to prison
for six months, the strike began
to wane. 1t was never officially caaso
on. but interest died out and by the
latter part of August the railroads
had returned to normal operation.
T, All agencies of the government are
said to be ready for the crash II
It occurs on schedule October 80. All
officials say the trains will be moved.
fhe Postoffice Department. has cen-
pleted arrangements for moving two
mail trains daily Of nearly score
of cars each out of every large city.
Aircraft will be used as auxiliary
mail conveyances. ~
Men seeking to take the places of
striking railroad workers viii be as
sured the full protection Of the Amer
lean government In advance, and
measures will be taken 70 see that
this protection d accorded. say ON
eials.
Senator France to Speak.
UPPER MARLnQRo. I'd. Oct. -.
JyrttAH Qfa 49, co.a 49, Inn~v,h =