Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-09-24

eS"lAoh eHS SSAo
Judge Wilkerson in a lengthy re-
view of the case, said the defendants
could not deny knowledge II re-
sponsibility for the widespread yio-
lence which has marked the strike.
Partial settlement of the strike, he
held, has not affected the right of the
government to obtain a nationwide
injunction.
The court gave attorneys for the
defense until Monday morning at 10
O'Clock to study the decision and pre-
pare TO argue the text of the lnJunc-
ton order which would be signed.
Attorney General Daugherty on
Thursday presented the governments
proposed draft, which is even more
drastic than the restraining order now
in fo-ce.
The order will affect about go of
ficers and 400, 900 members of the SIX
crafts belonging to the railway en-
ployes' department, American Fedora
ton of Labor.
Indication that the shop crafts
leaders would appeal from Judge
Wilkerson's decree was given by Don
aid r. Richberg, counsel for b. Nj.
Jewell, president, and John Scott,
secretary, of the railway employees
department of the American Fedora
ton of Labor.
The government has not decided
whether to follow up the present hear
ing with a request for q permanent
Injunction, it was said Saturday. 1t
is considered probable that the strikers
will appeal Judge Wilkerson's decision
and carry the case to the supreme
court because of its Importance.
viii Be Issued Monday
The temporary injunction to be is
sued Monday will supersede the tempo
rary restraining order issued Septem-
Der l.
In his statement after citing numer-
GUS supreme court decisions, Judge
Wilkerson said in part:
None of the defendants in this case
have answered the bill. Two have
filed motions to dismiss and have pre-
scented offidavits which leave a large
number of averments Of the bill un-
challenged on the record. The fact
that the defendants have been acting
contrary, the defendants themselves
have produced evidence of the closest
association and cooperation on the
part Of the defendant organizations.
That the officers of the unions gave
directions concerning the strike from
the outset is likewise admitted. Inc
only material question really in DIS
pute on the record is the responsibility
in law of the defendants tor the large
number of unlawful acts shown to
have been committed, the most of them
by unknown parties.
Notwithstanding the warnlng 8
against acts of violence set out In the
Instructions of June q, 1922, there
began, throughout the country, a series
of d~epredatitons which rapidly devel-
oped In some portions, into a veritable
reign of terror. Railroad bridges were
dynamited, spikes were removed from
rails. distractions were placed upon
railway tracks, bombs were exploded
on tracks and in railroad yards and
hurled at moving trains. Notwlth-
standing the admonititons OF the lead
ers of the combination to use peaceful
means only. the real situation at most
of the places where the strike was IN
progress was that employees were in
suited. assaulted and otherwise intim-
idated. The word of the peaceful
picket, spoken in the vicinity Of the
shop, was emphasized in the darkness
Of the night by the club and pistol Of
the unknown party Regardless of
the instructions that no injury must
be inflicted upon property, there was
sabotage on a large scale. Engines,
cars and equipment were tempered
with and innumerable acts of malicious
mischief committed which endangered
the lives of both passengers and those
operating trains.
Unlawful Acts Widespread
"These unlawful acts are shown to
have been on such a large scale and
in point of time and place so connected
with the admitted conduct of the
strike that it is impossible on the rec
ord here to view them in any other
light than as done in furtherance Of 9
common purpose and as part of q
common plan.
This record does not permit the
conclusion that those who are at the
head of this combination did not act
ually know that these things are being
done, and that they were the direct
result of the methods by which the
strike was being conducted. And il
they did not actually know they were
charged with such knowledge.
"What is legal knowledge of a fact
It seems to have been assumed by the
defendants that no one is ~chargeablt
with more knowledge than he chooses
to have; that he is permitted to close
his eyes when he pleases, upon al
sources of information, and then ex.
tuSt HIS IshOldhNC Wy Saying LuGL III
did not see anything. In criminal as
well as civil affairs every man is pre-.
sumed to know everything that he car
learn upon inquiry, when he has facts
in his possession, which suggests thu
inquiry"
yet, in the knowledge of this intol
cradle condition, nationwide in its
cope, the leaders of this combination
repeatedly sent out to the members o
their organizations bulletins and com
munications urging the men to create
activity.
"On August 8, 1929, with record o
almost two months of continuous dis
order and violence before them, tn
leaders of the organizations sent OF
to their members the following:
Called "Re-Man" Strike
eff there be any among us who re
grets the step they have taken, lie
them turn back now so that the bran
OF Cain can be on them for all time
because this has ceased TO be a pin
tea or a vacation but a real he-mal
strike from now on, and if you canno