New-York tribune., 1922-09-24
Rail Injunction
Is Extended TO
Cover Nation
Judge Wilkerson Declares
Evidence Showing Plot
to Destroy Commerce of
Country Stands Undenied
Order May BE Less Drastic
Court lnstructs Counsel
He Will Hear Arguments
OH Exact Terms Monday
SpeCiai DiSpntch 10 The Tribune


CHICAGO, Sept. 23.-In a sweepine
oeclslon' buttressed by many Supreme
court decisions, Federal Judge James
H. "likerson to-day granted the peti-
'ioh OF Attorney General Daugherty for
temporary injunction restraining
striking railroad shopcrafts from in
terfe1lng with the movement of the
mails or Interstate commerce, or from
committing any act tending to ham,
per the transportation systems of the
nation.
AT the same time the court denied
the motion entered by Donald r. Rich
berg, counsel for Bert M. Jewell and
John Scott, president and secretary,
respectively, of the railway employees
department. of the American Federation
OF Labor, for the dismissal of the tenn
porary injunction September l on the
petition of Mr.. Daugherty.
Not one scintilla of evidence had
been presented by the defendants, the
court held, to refute or deny the
abundance of proof produced by the
government of a nationwide plot to de-
stroy commerce.
While Judge Wilkerson's decision
generally upholds all the provisions of
the temporary restraining order, the
form of the injunction to be entered
probably will eliminate some of the
more drastic provisions, which the
unions contend constitute an abridg-
ment of certain constitutional rights.
Attorneys for both sides were in
structed by the court to draft forms
of the injunction to be entered "in
conformity with the views expressed"
in his opinion and Judge Wilkerson
will hear arguments of counsel at 10
O'Clock Monday morning.
Commenting on the contention of the
union that the provisions of the in
junction restraining the labor officials
! from issuing public statements, using
the funds of the organization or giving
instructions in furtherance of any of
the acts complained of, violate the
tutional rights, Judge Wilkerson said
that this contention had been answered
by what had been said with reference
to the unlawful purpose of the con-
spiracy.
"Do I understand the court to mean
that all acts can be enioined, paralyz-
ing all activities of the union ?" asked
Mr.. Rchberg when the court had fin
ished reading his opinion.
"All acts which might be interpreted
| as encouraging the acts complained of,
replied Judge Wilkerson.
In his statement Judge Wilkerson
said in part:
"The only material question really
in dispute on the record is the respon-
sibility in law of the defendants for
the large number of unlawful acts
shown to have been committed, the
most of them by unknown parties.
notwithstanding the warnings
against acts of violence set out in the
instructions of June 27, 1922, there be-
Of depredatons which rapidly devel-
reign of terror.
"These unlawful acts are shown tc
have been on such a large scale and
in point of time and place so con-
nected with the admitted conduct OF
the strike that it is impossible on the
record here to view them in any other
! light than as done in furtherance of q
common purpose and as part of COM
mon plan.
at has been suggested by the de-
PENDANTS that rs the strike has been
settled on some of the railroads there
is no need for the injunction. or at
least for one of the breadth sought by
the government. The right to relief is
to be determined by the status existing
at the time of the filing of the bill
Rights do not ebb and flow. If they are
| invaded a recourse to courts of justice
is rendered necessary, and it is no de.
fense to the invasion of right. that
since the institution Of the suit the in
vasion has ceased"