The Connecticut labor news., 1922-08-11

The decision of Judge Thomas follows in full:
 "The verihcation on the original bill of complaint is a sufficient com pliance with the provisions of Sec ton 20 of the Clayton Act. The ap plication for a temporary restraining order was properly made.
 "The first prayer for relief in the bill is, in law, a sufficient applica- ton for a temporary restraining or der and said application is properly verified.
 'This ruling disposes of the point raised and argued August 8th, 1922. The other points raised in the motion have been carefully considered, and oral argument on the same is un- necessary as I find no substantial question of law raised therein, z- "The motion to dismiss IS therefore denied, and the case may proceed on the merits and is assigned for hear ing at New Haven on Tuesday, Au gust 18th, 1922, at 10 o'clock, daylight saving time.
 THOMAS, D. J."
 The case opened with the filing of a motion by Attorney Danaher that the entire proceeding be dismissed inasmuch as the application had been improperly drawn and the allega- tions contained in 1t had not been sworn to as the law provides. At torney C. M Schaefe, IT,, of New York, chief counsel for the road, was fabbergasted by this new attack, MT. Danaher having succeeded in having the previous case thrown out on practically similar reasons on the first application. MT. Danaher had many other objections to offer also but told the court that the illegality of the en- tire matter would not render them necessary to present and he therefore would go ahead on the objections stated.
 Fortunately the stenographer for the road had not showed up in court and the opportunity was grasped to ask for a recess while the galaxy of railroad attorneys got a chance to look over the objections. The court granted brief recess while the jsteno- grapher was summoned but the roads attorneys managed to stretch this in to more than an hour before the ab sence showed up. Meanwhile they closely scanned the documents while Attorneys Danaher and O'Keefe, for the men, "got their goats" especially that of MT. Schaefe by nonchalantly strolling about, laughing and joking, smoking and having a general good time while the road attorneys sweated over the new objections.
 When the court was finally resumed Attorney Danaher again asked for <he dismissal of the injunction pro- ceedings on the ground that the appli cation did not contain the full name and address and citizenship of the n%n enjoined as provided, that the title New York, New Haven & Hart ford Railroad as used in the applica- ton meant nothing, the complaint had not been properly sworn to as the law expressly provided in cases between employer and employe and that the new petition was in fact all without jurisdiction of the court. He quoted the law, Section 20, which was so plain on the face of 1t, he stated that there was nothing for the court to do but throw the case out ot court.
 MT. Schaefe attempted to make light of the objections saying 1t was more quibbling on the part of MT, Danaher to prevent the case being tried out on it's merits. To this MT. Danaher replied by stating that he was perfectly willing to go ahead and argue on any merits the road might have or think it had in its case, but for the protection of the court itself in the contempt cases the road had intimated it intended to bring, lie did not wish to go ahead on a perfectly illegal document that would certainly tend to embarrass the court if al low- ed to continue as the complaint|
 Whether or not his argument was making any impression on the court .4 :.1. io1J n road attorneys and after hurried consultation they asked Judge Thorn as for another recess to prepare nrecedentc which uOr1d rDSet Mir