The New York herald., 1922-09-08
TERMS TOO RIGID
Administration Sena-
tors Believe Court
Order Exceeded Au-
thority Vested.
PROTEST FROM B0RAH
Senator Tells Daugherty
Writ Will Retard a Rail
Agreement.
VIOLENCE is LESSENING
U. s. Deputy Marshals Are
Laid Off as Peace Prospects
Brighten.
VIOLENCE is LESsENING
Special Dispatch 10 THE NEW YORK HERALD.
New York Herald Bureau.
Washington, ID. C., Sept. Z.

Special Dispatch 10 THE NEW YORK HERALD.
New York Herald Bureau.
Washington, ID. c.. Sept. 4
When Attorney General Daugherty
appears in person or by proxy before
the Federal District Court in Chicago
Monday TO ask that the injunction is
sued against striking railroad shop
men be made permanent he probably
will suggest to the court modifica-
ton Of some Of it's most sweeping pro-
visions.
The changes under discussion in
measurable degree will be a conccs-
sion to criticisms which have been
hurled at the temporary order Of the
court from many quarters. They viii
meet, it is understood. the suggestions
of Administration Senators, who have
felt that the Government went too far,
though they are in sympathy with and
ready TO support the course taken.
Mr.. Daugherty said to-day that he
was planning TO go to Chicago TO pre-
sent again the Governments argu-
ment 1t is not certain. however. that
he will go. In any event the Govers.ss
ment will offer a mass or evidence re-
garding acts of violence against tho
railroads and will ask the taking Of
testimony from union heads regard
ing them.
No officia. statement has been made
with regard to notifications OF the tenn
porary restraining order In fact the
al, cFf al az from hofh the
White House and the Department or JUS
tlce, made soon after the temporary or
der was issued. were to the effect that
the injunction proceedings would be
pressed to the utmost and the Govern
ment might go further II 1t was neces-
sary.
strike Conditions Changed.
Conditions in the strike have changed
materially since that time. however. At
torney-General Daugherty said that con-
dit!ons with regard to violations had
been greatly improved. The improve
ment has been SO marked that the Do
partmcnt Of Justice IL laying off United
states marshals appointed TO protect
railroad property and railroad workers.
The Injunction was drawn to prevent
violence and destruction and was aimed
agninst any conspiracy or concerted eff
was officially stated to-day that the pro-
ceeding was never intended TO prevent
labor unions or strikers from engaging
in any lawful function or pursuit, and
Il was cited that meetings Of strikers
have not been interfered with by Gov
ernment law officers though In many
quarters It was construed that they
might do 80 under the orders issued.
At the invitation OF Mr.. Daugherty
-. lTduNpl xteffp1 hfQ of-
flee to-day and had lengthy interview
with him relative TO the injunction pro-
ceedings.
After tho interview Mr.. Borah said ne
did not wish 10 indicate the position on
the subject assumed by the Attorney
General. I'm my opinion II IL not inn
proper for me TO say what he told me-"
added Senator Borah. Then he gave his
part Of the Interview with the Attorney
General. which he said was in substance:
II told him that In my opinion there
are provisions In the injunction beyond
the power OF the court 20 grant. that
they are in violation OF the Constitution
and. being there. did not help his case.
would Delay settlement.
"on The other hand the fact Of their
being there viii delay the adjustment OF
the real controversy involved.
n called his attention to tho clause
tielng up tho funds or the shopmen. tho
right ~ discussion. interviews and news
paper publications that were especially
offensive anf Objectionable.
Mr.. Borah refused TO say whether the
Attorncy-General concurred In any or
an of his opinions on the question OF the
Injunction.
However. the view prevails at the
Capitol that the injunction Will be modi-
fed along the lines suggested by SEN
ator Borah and that the initiative VIII
be taken by the Government II Is cx-
pected that the Attorney-General win
ask the court TO modify the order which.
with the notifications. II Is believed,
viii be made permanent.
Senator Borah sent an answer to the
message from John J. Dowd. chairman
of the Central strike committee OF New
York city. which asked the Senator 10
move for the impeachment OF the At
torney-oenoral Tho reply follows:
"Will reply fully 10 your telegram
after hearing next week. In the mean
time may ! say that am thoroughly in
sympathy with any plan 20 preserve un-
hampered the guarantees found in our
I Constitution After Ill we find the old
/ Constitution n fine charter IN time 81
! trouble, do we not2 Let US stand up
/ for Il regardless Of who would under
/ take TO disregard II or violate II. VIII
communicate with you fully after tho
hearing"
one az the biggest labor unions to-
day rcsorted to the injunction process.
which labor for years has 50 bitterly
criticized Seeking T. fight Injunction
with Injunction. the International
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