The labor world., 1922-09-16

Senator Calls Injunction VIOLA
tIon Of Constitution.
Continued from page y
denied them by the, Constitution to
the impairment Of rights or the
abridgement of privileges which the
congress itself is forbidden to ig-
more, abridge, or impair.
The question of fact and of legal
Interpretation as to whether the in
junction issued by the Chicago court
in the shopmen's strike is open to
the objections mentioned, or to any
Of them involves consequences which
transcend in Importance present in
dustrial disputes. and which are as
sociated with the future happiness
and liberty of our people.
1t may be that instances have oc-
CURED where strikres or their SYM
pathizers have deliberately con-
tributed to the impairment Of rail-
way equipment, and in all such cases
penalties should be imposed with
promptness and with flrmness. The
correct procedure, however. is by
indictment and prosecution so that
the accused may havesa trial and be
confronted with the witnesses against
him.
On the other hand, the diminution
in the railway repair forces. caused
by the shopmen's strike, and the en-
ployment of less-skilled workers in
their places, as everyone knows, has
caused bad-order condition in many
cars and locomotives, and in spite of
the constantly increasing number of
repairmen being employed by the
railroads bad-order cars and loco
motives are accumulating by reason
of natural causes. This condition will
continue throughout the early fu-
ture, because the railroads can not
secure repair workers sufficient in
numbers and efficiency completely
to. perform normal repair, services.
Every bad-order locomotive and
car operated in the Passenger busi-
ness menaces the safety of passen-
gers and of the operatives. Every
locomotive and freight car operated
in bad condition in the carriage of
freight, endangers property and the
lives of the freight-train operatives.
To safeguard life and property the
congress enacted the safety appli-
ance laws and the locomotive and
boiler inspection acts. Everyone
knows that the railroads are daily
using cars and locomotives in bad
order in disregard Of these laws.
Everyone knows that lives are being
lost and property is being destroyed
because Of the condition of the rail-
way equipment. The. attorney gem
eral has made no effort, so far as
public. information goes, to enforce
these laws, but their violation has
been acquiesced in through sympathy
with the effort to break the shop
mems strike.
Why has no effort been made to
enforce safety appliance and >inspec-
ton laws? The answer, Of course, is
that their rigid enforcement would
make more effective the shopmen's
strike and increase the difficulties
encountered by the railroads in
breaking and defeating the strike.
No other explanation exists for
the failure to enforce these laws.
Thus the shopmen, who had ac-
cepted the Presidents first proposal,
are treated by the government as
outlaws, and the railway executives,
who declined the presidents Proposal
and made the presidents efforts to
settle the strike unsuccessful, are
relieved Of responsibility in the fur
ther conduct Of the controversy. To
say the least, the president and the
attorney general have placed be-
tween the railway managers and ex-
ecutives and the strikers the power
Of the government an army of Unit
ed States marshals and deputy mar
shals, and hold in the background
in readiness to move the military
and naval forces of the government
all this in the name Of law and or
der and for the administration Of
justice and impartia1ity.
However. since the 18th Of August
last this Injunction has been issued
and men, known and unknown, Ia
borers named and nameless, some or
ganizations specified, and other or
carnations not named, have been
enjoined according to the terms of
this writ from the exercise Of what
any lawyer must admit. are their le-
gal rights. as well as from the ex-
ercise Of unlawful acts and yet the
department Of justice has not moved,
SO far as the record shows, to apply
to the railroad executives the rule
that they must observe the labor
boards decision, while all the power
of the government is in practical
effect being employed and exerted
to compel the workers to-do what
the executives are impliedly excused
from doing. The sober final judz-
ment of the lawyers Of the United
States and of the people Of this
country will condemn the extent TO
which the Chicago Federal court has
abused its power and authority 1T
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