Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-09-05
HISTORY REPETITION
SEEN IN INJUNCTION
AGAINST STRIKERS
BY DAVID LAWRENCE
tLeased Wire Service to The Journal.)
Copyright 1927

repeats itself-the injunction order
obtained by Attorney General
Daugherty from the federal court in
Chlcago against the striking shop
men follows almost exactly the
procedure of Attorney General
olney, in President Cleveland's Sec
ond administration, when the IA
nous Pullman strike of 1894 was
virtually squelched through the ac-
ton of the courts against Eugene
Debs and his union associates.
In the Pullman strike, a court or
der was issued which enjoined the
railway employees from interfering
with the operation of trains but
many of them hooted the reading of
the order and continued their acts
OF violence whereupon federal grand
Juries were especially capitulated to
the courts after it was evident that
the federal government would back
up Its marshals with all the regular
troops needed to enforce the law.
The same situation exists today
II the temporary injunction or a
permanent order should be violated
by any of the men named in it, they
can be arrested for contempt or in
d1cted. 1t is true that Samuel
Gompers and other labor leaders are
claiming that the Clayton Antitrust
law
prosecution but the department of
justice does not consider that the
Clayton law exempted any individ
uals from the conspiracy statutes or
the statutes which forbid interference
with interstate commerce..
The Clayton law exempted labor
organizations as such from the OPP
erations of the Sherman Antitrust
law. 1t is the Sherman law under
which Mr.. Daugherty has just OBJ
tanned his restraining order,
but the attorney general has been
careful not to name labor organi-
cation as whole or any union, but
simply individuals whose influence
or leadership NAV possibly be the
indirect means of causing other in
dividuals to interfere with railroad
trains or cause acts of violence.
There is no immunity to the indi-
vidual even though the organization
as a whole may not be held cul.
pable.
Argument Seen
The difference is going to mean
lots of hair splitting argument in
the courts, but the department of
justice has been working on exact
Z ly this point for many weeks and
feels prepared to meet the issue.
The effect at any rate of the issuance
Of the injunction will be to inter
sfer seriously with the smooth op-
seration of the strike and it is hoped |
by the government will bring an end
10 the reign of terror which has been |
going on in SO many sections Of the |
country.
Three excerpts from messages
which passed between the depart |
ment of justice and it's special attor-
neys in Chicago in 1894 may serve
to illustrate the formula which may
have to be followed in the present |
strike. Under date of July 3, 1894, |
the United States marshal at Chi |
cago wired;
'When the injunction was granted
yesterday a mob at from 1900 to |
5000 Held possession of a point IN
the city near the crossing of the
Rock Island by other roads, where |
they had already ditched a mali |
train, and prevented the passing of |
any trains, whether mail or other
wise. / read the injunction writ To
this. mob and commanded them to
dispense. The reading of the writ |
met with no response except jeers |
and hoots."
On the same day, Edwin Walker. |
special attorney for the government, |
wired from Chicago:
Debs' Directions
II am advised that Debs himself |
gave directions that the writs OF |
injunction and process of court /
should be utterly ignored. 1t is inl |
possible for me at present to make |
sufficient proof of this fact for the |
support of motion for commitment |
for contempt, but 1 believe that in |
a few days will be in possession |
: of sufficient evidence, and if / sue
coed in this, Debs and the others |
will be sent to Jail for contempt |
and will remain there until the strike |
is ended
Two days later Mr.. Walker wired. |
eve have now sufficient evidence
at hand for indictment of Debs and |
all the leaders of the association for
conspiracy. Several indictments Will
be returned. and 1 am of the opinion
that the bail required of the defend |
ants will be so large in the aggre
j gate that they will not be able to
give satisfactory security. We shall
be able to show that this conspiracy
has extended over The entire north
west, as well as the Pacific coast,
as well as through Michigan, In
diana and Ohio, and 1 firmly believe
that the result of these trials and
the punishment of the leaders VIII
be so serious that G. general strike
upon any railroad will not again
occur for a series of years, l as
sumo of course, that congress will
not, by legislation, put further limita-
tions upon the jurisdiction of the
federal courts, but on the contrary
sincerely hope this jurisdiction will
be strengthened rather than impair
ed
But Mr.. Walkers hopes were not
; fulfilled Congress did pass the
Clayton act exempting labor unions
from prosecution under the Sherman
antitrust law, and at the end of
twenty-eight years, a big, strike has
come again. Will history repeat it
self and the strike be ended by