Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-09-03
CHICACOORDER
in RAIL AFFAIR
HELP-SLATTERY
District Attorney Says lnflu-
ence. of Recent Action
Will Hold Strikers.

While the restraining order issued on
behalf of the government in the tederai
court at Chicago against interference
with the operations of the railways by
strikers will not greatly differ IN effect
from the Injunction issued on petition
of the railways in the federal court for
Montana by Judge George Bourquin' 1t
is important in its effect upon pubilc
opinion and upon the strikers, accord
ing to John l.. Slattery. district at
torney.
An effect of the restraining order
granted the government from the legai
standpoint will be that three avenues OF
prosecutions will be opened. Civil suit
may be brought by the railway, II case
of violations. to protect its rights I'M
der the injunction and restraining
order: Judge Bourquin could order the
district attorney to proceed with crlmi-
nal action for contempt OF court; or
the case could be brought under the
Chicago ruling and the persons held
could be taken to Chicago to answer
the charge.
No Trial by Jury
Another important legal effect of the
restraining order is that in an acton
brought under its provisions. the de-
PENDANT would not be granted trial by
Jury, Slattery said. He quoted in this
connection the case against Eugene v
Debs.
The restraining order also broadens
the scope of the injunction given IN ia
vor Of the railways in that 1t applles &c
all organizations whereas the lnlunc-
+,np ,s,oe Ep,tfoI IN n0lv q mart Of me
striking unions.
Important as these may he from
the legal standpoint" said Slattery
1.-The effect of the restraining order IS
sued on petition of the government hal
n more important one in the influence
if will have upon both the attitude o.
the public and the action of the striker
in this strike. 1t shows that the gov
eminent will take a hand in matter!
and shows that it will not have inter
state and the mails interior
ed with. The restraining order, as
see It, interferes with the just rights
of no one. Peaceful avenues of STRIKE
are left TO the strikers. but it doe
insure that the rights of the public ar
to be guarded. People will see by thii
action of the government that it mean:
to step in when necessary as the re
preventative of that third party to
strike. the public.
Points to Preventive Power.
II believe that the action of the gov
eminent is an important one in its pre-
~ventive power. The strikers will re
gard it with much greater respect thar
any injunction issued on petition of
railway"
Determination of whether a defend
ant held for violation of the cour
orders would be tried in the Montani
or Chicago federal courts under TIL
railways injunction or the government
restraining order will be with the at
torney generals office. He said tina
the government might follow the OBJ
tanning of its order in the Chicago
courts by similar action in other fed
eral courts to make easier the prosecu
tions and make it unnecessary to take
the prisoners to that place for trial
The present jurisdiction of the Chicago
federal court is due to the fact tina
cases of contempt of court cannot b.
tried by other courts than that in which
the violation is alleged to have beer
committed.