Evening star., 1922-10-04
Higher Courts Must Pass Upon
Injunction Decision,

There is "a general agreement on
country that the strike injunction
obtained by Attorney General Daugh-
erty from District Judge Wilkerson
should be appealed to the Supreme
Court so that all of the collateral is
sues involved will be cleared up and
their application to similar labor
troubles in the future sharply out
lined. There has been severe criti-
cism of the scope of the injunction
as too sweeping. and as violating
constitutional rights, and it is argued
that these questions should be passed
upon by the higher courts before be-
ing accepted as existing law.
That an Injunction, in view of the
facts attested. was warranted is the
opinion of the Chicago Daily News
undependent). but it sets forth that
1.-The wisdom of drafting a too sweep
ing injunction and then inserting
proviso qualifying and limiting 1t to
conform to the law is by no means
clear However. there is no inten-
ton on the part of the government
to prohibit lawful acts or to usurp
the authority Of Congress and by in
junction make that unlawful which.
right or wrong. the legislative au-
thority has so far failed to bar and
prohibit" The decision. "if it stands
will make it unnecessary for Con-
gress to put "teeth in the transpor-
tation act" is the verdict of the st.
Louis Globe-Democrat independently
which points out that the decisions
of the Labor Board can be made ef-
Co
already existing and through the OPP
Grafton of the governmental rights
derived from the Constitution In
this connection. however. it Is care
fully pointed out by the Newark
News independently that this --latest
court test" suggesting that "the writ
of Injunction for more than a gen.
Grafton has been to organized labor
like a red rag Haunted in the face
of an angry bull. To make applica-
ton of it under circumstances like
refused to write into the letter of the
law will tend to make labor even
more restive. But it is infinitely
better to have this sweeping use of
the fnjunctive power tested out in
the higher court than to let 1t go
issue on which it is evoked Is on a
fair way to settlement"
The New York Globe independently
asserts that "Mr. Daugherty Is still
back in 1894 or earlier. In all prac-
tical effects his Injunction declares
hoped that the higher court will be
offered quickly the opportunity OF
passing upon the injunction and of
mitigating the damage that may flow
from it. If it cannot be modified. If
it reflects the state of the law. ther
frof yf1-
should bring the code more into
agreement with the necessities of this
complicated Industrial order" This
is also the opinion Of the Raleigh
News and Observer (democratic)
which characterizes the decision az
that If these acts. prohibited by th'
decree, "are made crime. then ever.
person who accepts employment witt
a railroad is slave, and the relation
of master and slave, abolished In
1864 as to black men, has been re-
suggested by the New York Evening
World Independently, that there are
more home brewers than there are
disorderly strike pfckets. There are
more bootleggers than shopmen
guilty of sabotage. But by striking
opposition to prohibition a Judge
with a streak of anti-saloonatic Ia
naticism might enjoin unlawful acts
by unknown parties and conclude
that officers Of the Association Op-
posed to the Prohibition Amendment
were responsible for the common
purpose and common PLAN"
In the opinion of the Boston Tran
script (independent republican,, the
country "owes thanks" to Judge VIII
kerson for his action, because GER
tainly this decision will have serious
consequences, and these consequences
ought to be as beneficient as they are
serious" because. as the Kansas City
journal (republicanl argues, the law
! is again vindicated, because the court
held that though committed by tndt-
viduals against the declared policy Of
the strike leaders, the depredations
that were committed were chargeable
| to the leaders to the extent OF pre-,
venting the latter from evading an
" Champions the inherent rights Of
the hitherto neglected party 70 al
labor disputes-the pubic
/ Itself" Indorsing. this opinion: the
sNobie RARistag (democtattca holdA