The Washington herald., 1922-09-08
SUIT FILED IN D. C..
Government May Retreat
On Speech, Press, As
sembly Clauses.
B0RAH DECLARES
MOVE TOO DRASTIC
Labor Chiefs Here Re
fuse to Discuss Lat
est Tactics.

While unionists here yesterday be-
gan court action 20 prevent enforce
merit Of the drastic ''Daugherty in
Junction Il was learned the govern
ment viii lask modification when hear
iDgs begin in Chicago Monday.
IL would be no surprise n the gov
eminent voluntarily asked the court
TO strike out Of the permanent injunc-
ton all the clauses Involving free
speech. free press. and free assem-
blage. which the striker scontent vio-
late Constitutional guarantees. The
provision forbidding use Of the funds
Of the shopmen for strike purposes
also may be eliminated.
The decision is the result OF wide
spread criticism OF the temporary or
der. Most Of the ablest lawyers I'm
Congress have voiced disapproval
Some have not hesitated to express
their views TO the President and At
torney General Daugherty directly.
Overlooked No Step.
The explanation given for such
drastic injunctive powers is that Mr..
Daugherty was anxious 20 leave no
phase Of the situation uncovered and
to include every legal weapon In deal
ing with the strike.
Senator Borah. Of Idaho, chairman
OF the Senate Labor Committee. con-
ferred with Mr.. Daugherty yesterday
at Mr.. Daugherty's Invitation. Senator
Borah franklv Informed him he con-
sidered the Injunction far too drastic.
Il told him I thought the inJunc-
tion contained clauses which were
far beyond the power Of the court
to grant" said Senator Borah.
Some OF them. in my opinion, are
In violation Of the Constitution.
Furthermore. I told him that the
presence OF those clauses in the in
junction did not help his case any
On the other hand, / thought they
would retard and delay the adjust
ment OF the real controversy in
volved In the strike
The attempt here 20 enJoIn the
Injunction was begun yesterday by
the International Brotherhood or
Electrical Workers.
May Issue InjunctIon.
James p. Noonan. president. and
Charles P. Ford. secretary OF the
electrical workers. appear as plain
tins in the case. Notice was served
on the government as defendant
that Justice Bailey will be asked to
issue Il temporary injunction to-
morrow morning.
The plaintiffs maintain that an
Injunction has no extra-territorisl
effect and that Judge wilkerson
had no authority 10 issue the in
junction. No service was made or
attempted TO be made to summon
the defendants In the case in Chi
cago. in accordance with the provi-
sions OF the Sherman act. before the
injunction was granted, Il Is claimed.
Although the suit filed in the
District Supreme Court. is TO eajo;n
United States Attorney Peyton Cor
don and Marshal Edgar c Snyder
for the District Of Columbia from
carrying out the terms Of the Chi
cago Injunction against Washing
ton unions and strikers. the case
has the broader purpose TO test the
legality OF such injunctions and to
carry the litigation TO the Supreme
Court Of the United States IL neces-
sary.
The suit has the Endorsement Of
the railroad department OF the
American Federation Of Labor, and
is part OF the general plan OF ac-
tion against the government agreed
upon at a conference said 20 have
been held yesterday IN Baltimore.
Bert NJ. Jewell, the mysteriously
missing shop crafts leader. is re-
ported to have attended the confer
ence.
Following Ming ne suit and an
nouncement by the Attorney Cen
eral that no counsel for the strik-
ing unions had yet nled an appear
ance IN Judge wilkerson's court. u
was reported that the shop crafts
may ignore the injunction suit At
tention was called 20 the fact that
the railroad department Of the Amer
CoHtSHued on Page Ttco.