South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-09-03
SEPTEMBER 8. 1922
AN EXECUTIVE CONFESSION.


teet the public
For the first time the government OF the United
States. in the OF the president appeals 10 the
judiciary for protection ind the executive itself
becomes plaintir IN a civil law suit to obtain a
result which It. a coordinate branch, failed
achieve.
The Injunction Is no new weapon in strikes It
has always been favorfte method of avoiding the
tschnicalides criminal law and Of lodging trial
by jury for acts which in themselves crimes
but under the Injunction become contempt pun
ishable by a Judge instead OF jury
But the injunction OF the other DAYS has been
sought BY private parties whose property in
Jeopardy.
The present injunction Is obtained by the execu-
tive branch OF the government. empowered to use
armies II necessary. empowered to call upon all
citizens to protect property and uphold the law.
The failure OF the president to secure peace in
the railway strike IS made the occasion of recourse
this drastic method.
The legal questions involved in that injunction.
whether it violates the fundamental right of free
speech whether it oversteps the decisions Of courts
must be left 20 courts.
But there some problems enough
challenge every citizen to ask himself just how
strong is his Americanism and just how far he is
ready 10 go for principle and rights that pre-
sented by the injunction.
To those who applaud the plan, the question viii
asked to whether they are ready to see their
own business sacrificed for the sake of establishing
the principle they approve.
For it is quite conceivable that the answer of
other railway workers to the injunction and the
sworn statement of the attorney general that
half OF all locomotives are now useless will a
refusal to operate the trains or the defective
gines
Within month a stoppago Of trains would mean
a cessation ao- only of other industries but the
stalking of famine hunger and disease in every
large city OF the land.
Beyond that day. if It should occur would be
the appalling spectacle of workless and unem-
ployed nation for without transportation no other
industry can operate idle nation a restless
ration.
That organized labor will be so foolish to con-
template a general strike is inconeeiveable. Any
hope that trains be run or engines repaired by
court orders is as fooshy optimistic
That the test is here the real test of American
institutions is well within the range of possibilities
When the history Of strike written the
smallest and most insignificant chapter will be the
belatsd gesture OF hrmness which comes now from
the White House.
Had President Harding taken a stand. specific
and direct. two months ago when he presented his
first peace plan there would be need OF rehabih~
tating himself with his old friend, Bic Business
by the injunction method.
Had he let the nation know that he really meant
what he said when he told the workers and execu-
.ives you will agree upon these terms instead Of
permitting those terms to be refused and debated
and then discarded by railway executives the crisis
would have been met.
Now the matter has reached the fever heat of
passion when peaceful settlement seems impossible
The first reaction 10 the executive appeal to courts
Is one Of defiance Of reprisal.
This nation has become an organization OF highly
specialzed groups The old morali,ies do
apply The complexities Of modern life have
ated obligations and greater duties for IN
dus,ries and for some workers than lad upon
others.
In the old DAYS If one hack driver quit, COM
11unity starved. Today if railway system, the
successor TO the old stage coach. quits millions Of
men are thrown Of work and whole sections
s.arve.
In the old days wood chopper might take his
day OF without any particular damage TO his Gus
toners They could trade with others chop their
Own fuel
Today when the coal industry. successor to the
-voodsnsan. stops. everything else stops.
And 20 solve the problems presented by this new
condition OF life the executive and the courts
trying 10 APPLY rules and presidents established for
the stage coach day.
Whatever be the present outcome. how long
how brief the struggle. it emphasizes he need for
new view 81 industries and a public attitude
towards the basic or esseaua' enterprises
The nan who invests in railroads or who accepts
railway management car 90 look at his property
SIMPLY from the view point Of pr7n; Re has ~
right 20 operate IL as he IN sht Industry which
depends upon competitive service or quality n
rTice for success
The worker who takes employmens on a rail-
way or in a mine owes a dineren. du.y ;han he
man who works IN department store " an auto
factory
can the inherent spirit OF justice in America
meet the new day n industry solve it, prob
lens? the spirit OF Americanism founded in
humanity. equality. and common sense strong
enough TO establish itself under the changed eon-
cltlons OF Industry
You who believe that you ready to sacrifice
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