Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-08
START SUIT To
TEST LEGALITY
Of INJUNCTION
N RAIL STRIKE
Action Begun by Union
electrical Workers in the
Supreme Court of the
District of Columbia,
CASE WILL COME UP
SATURDAY, SEPT. 9
Question of Jurisdiction of
the Chicago Tribunal Is
RaiSedi Deny Commit
ting Any IIIegaI Act.

Washington, Sept. (by the As
soclated Press. LEGALITY of the
order obtained by the government
from Federal District Judge WIKI
erson at Chicago, restraining the
striking railway shop crafts and the
railroad brotherhoods from inter
terlng with transportation in pros
ecuuon of the shopmens strike, was
assalled today in, suit filed in the
supreme courr OF the District of CO.
lumbia by the International Broth
erhood Of Electrical Workers. one
OF the organizations on strike. The
question OF jurisdiction of the Chi
caSo court was also raised by the
petition which denied that the
plaintiffs had been guilty of any
Illegal act before or since" july /.
Ask An Injunction.
The electrical workers asked a
permanent injunction to prevent
Lifted States Attorney Gordon and
United States Marshal Snyder from
enforcing locally the provisions of
the Chicago order Within two
hours after the filing of the suit
which was set for hearing next Sat
urday-Mr. Snyder had served
formal notice of the Chicago in
junction on j. p. Noonan, president
of the electrical workers, on most
of the other local leaders named as
defendants before Judge Wilkerson
and was mstitJnng a search for
William III. Johnston, head of the
machinists' association, who was
said to have disappeared again"
after visiting his office.
The machinists' leader, accord
ing to some Of his associates. how
ever, had left for Chicago before
Marshal Snyder started out with
the official copies of the restrain
ing order.
While the electrical workers pc
tition was said to have been filed
solely on their own behalf and
without reference to the other six
unions -eIf strike, Mr. Noonan said
! they expected both the temporary
order, which they hoped would be
issued Saturday, and the perma-
nent writ to have a nation wide
scope.
~ - DiftiiIS ENhttts
Officials of the department Of
Justice would not comment for pub
lication on the resources of the
strikers to the courts, but unoffi-
cially they expressed the opinion
that If the supreme court of the
District of Columbia should grant
the temporary restraining order
1t would open up wide avenues
leading to possible upsetting by
courts of other jurisdiction of in
functions and restraining orders
granted by the district supreme
court, such as those in various
packer and other important cases
under the Sherman and Clayton
acts.
While references to alleged Sc
cret negotiations at various un-
named places looking to separate
settlements with individual roads
continued to be heard throughout
the day, these still remained to-
night in the status of "unconfirm-
ed reports" Mr.. Noonan denied
flatly, so far as his union was CON
cerned, that there had been any
conference with railroad executives
since the last New York meeting.
adding that none was in prospect.
The forthcoming meeting in Chi
cago of the strikers general policy
committee, according to his In
formation, Mr.. Noonan said. is for
the purpose of discussing the strike
situation as it has developed since
Attorney General Daugherty ap-
peared before the Chicago court
and left with an order which, un-
ion leaders assert, was the most
sweeping ever granted
Prospect for Settlement.
Some administration officials
who have kept In personal touch
with one or both sides of the
| transportation controversy through
out its progress, reiterated today
they had reason to believe that the
prospect for settlement of the
strife on several individual roads
appeared to be improving,
Attorney General Daugherty was
said to feel that the strike situa
tion as it directly affects the law
enforcement branch of the gov
ernment, had cleared up apprecia-
bly, in the last few days,
After a conference between Mr..
Daugherty and Senator Borah. it
was reiterated by government Off
cials that no effort would be made
to retain in Chicago the permanent
| injunction, when IL granted, the
provisions of which have been in
terpreted as tending to interfere
1. .nnnnh' "a
ernment representatives would so
| in agreeing TO a modification OF
the temporary order was not
stated.
But those in close touch with
the administration predicted to-
night that it would be very radi-
cally modified" The attorney gen
| eral and his advisers were said To
have come to the conclusion that
the temporary order went unneces-
sarily far in its restrictions.
Discussed at Conference.
! The question was understood 10
have been discussed at confer
ence Attorney General Daugherty
and Chairman Cummins OF the
senate interstate commerce com
| mittee held at the White House
with President Harding tonight.
Discussing his conference with
! the attorney general. Senator Bo-
rah said he could not quote Mr.
Daugherty but that he had given
| his criticisms of the restraining
| order.
81 told him that in my opinion
that certain clauses went beyond
the power of the court and We're
! In violation of the constitution,
- ,-......, =. ~. r,..~