Evening star. [volume] (Washington, D.C.) 1854-1972, 1922-09-06
RAIL INJUNCTION
SCORED IN SENATE
Government Action Arouses
Protest by Senator
Robinson.
UNION CHIEF DISAPPEARS
William Johnston Sought in Ef-
fort to Confirm Strike Settle
ment Report.
UNION CHIEF DISAPPEARS

The governments injunction pro-
ceeding in the railroad shopmen's
strike was fayed in the Senate to-
day by Senator Robinson, Arkansas.
democrat; was questioned as ito its
scope by an Omaha, Neb., federal
judge, and was supported by the De-
partment of Justice in day which
saw added delay in it's enforcement
locally.
Meanwhile. William H. Johnston,
president of the International Broth
erhood of Machinists, one of those at
whom the injunction was aimed, dis
appeared mysteriously, following his
known presence yesterday in this
city.
An interesting phase of local de-
velopments in the strike situation
was the statement. from usually re-
liable quarter. that the question as to
whether the injunction applied out
side of the federal district over which
Judge Wilkerson of Chicago presides
has been raised. and meanwhile there
is a delay over the service of in
functions pending ruling on the
question.
Marshal Ready to Act.
The Department of Justice, how
on the strength of its belief that the
has national scope, as it
was issued under provisions of the
Sherman antitrust law.
Whenever the Department of JUS
tice sees fit to ask United States
Marshal E. C. Snyder of this city. to
serve the necessary injunction papers
on Johnston or others no difficulty
is anticipated by the marshal in per-
forming his assignment. it was said.
Senator Robinson. in his speech. in
sisted that the Injunction trans
crosses the Constitution of the United
States, and violates the Clayton act
amending the antitrust laws.
Senator Robinson proclaimed him
self an opponent Of lawlessness and
crime, but insisted that ''lawless
courts represent anarchy in its worst
form"
This Injunction" said Senator
Robinson, will have the effect of CO.
ercing the 1aborers into acceptance of
the labor boards decision when ad-
verse to them. and of leaving the rail-
roads apparently at liberty to disre-
gard the rulings of the board at will.
The sober. final judgment of the
lawyers of the United States and of
citizens generally will condemn this
as oppressive and unjust"
Cars In Bad Order.
Senator Robinson said that the in
terstate commerce commission had re-
ported that one-ha1f of the railway
and cars are in bad or
der. Press reports, he said, are to the
effect that the attorney general claims
one-half the cars and locomotives
have been injured. the implication be-
ing that the strikers or their sympa-
thizers are responsible.
1T may be that instances have oc-
Cured" said Senator Robinson,
where strikers or their sympathiz-
ers have deliberately contributed to
the impairment of railway equipment.
and in all such cases penalties should
be imposed with promptness and with
firmness. The correct procedure.
however, is by Indictment and prose-
cution, so that the accused may have
a trial and be confronted with the
witnesses against him"
On the other hand, Senator Robin
son pointed out the diminution. in
the railway repair forces caused by
the strike and the employment of
less skilled workers has caused bad
order conditions in many cars and
He said that every bad
order locomotive and car in the pas
senger service menaced the safety of
and operators.
why has no effort been made to
enforce safety appliance and inspec-
tion laws?" demanded Senator Rob-
inson.
THE answer. of course, is that
their rigid enforcement would make
more effective the shipments strike
and increase the difficulties encoun-
tered by the railroads in defeating
the strike No other explanation ex-
lists for the failure to enforce these
laws.
Raps Injunction.
"In a manifest effort to end the
strike by Injunction the Attorney
General has prompted the district Judge
at Chicago to issue an order which is
not only plainly in violation of the
Clayton act, but which likewise
transgresses the Constitution of the
United States in the following par
ticulars:
"By abridging freedom Of speech.
Freedom of the press
1.-THE right of the people peaceably
to assemble.
"The Chicago federal district court
issuing the injunction has only such
powers as are conferred upon 1t by
law. The Congress has not attempt
ed to authorize the federal courts
to abridge the privileges mentioned,
and could not do so IL 1t tried"
Senator Robinson said that the rail-
way employees had the legal right to
strike. He said further that Congress
deliberately left both the railways and
their employees at liberty to observe or
disregard decisions Of the Labor Board,
subject only to the influence Of public
opinion.