The New York herald., 1922-09-24
SHOP union ENJOINED
AGAIN, Court HOLDS
PLOT IS ESTABLISHED
Judge Rules Crafts Cannot
Deny Responsibility
for Violence.
ORDER IS TEMPORARY
Defendants Will Have Until
Tomorrow to Prepare
for Arguments.
PUBLIC RIGHTS INVADED
Crafts Lawful Orders De-
clared to Have Evoked I'm
lawful Execution.

CHICAGO, Sept. 2s.-Judge James H.
wilkerson in the Federal District
Court to-day granted Attorney
Daugherty's petition fer a nationwide
temporary injunction against the strik-
ing railway shopmen.
In long review of the case Judge
Wilkerson said the defendants could
not deny knowledge and responsibility
for the widespread violence which had
marked the strike. Partial settlement
of the strike, he said has not affected
the right Of the Government to obtain
a nationwide injunction.
The court gave attorneys for the
o'clock to study the decision and pre-
pare to argue the text of the injunc-
ton order which will be signed.
Attorney-General Daugherty on Thurs
day presented the Governments draft.
which is even more drastic than the re-
straining order now in force. The order
will affect about 27o officers and 400. 900
members of the six crafts belonging to
the railway employees department.
American Federation of Labor.
Judges Statement.
In his statement after citing numerous
Supreme Court decisions. Judge Wilker-
con said in part:
None of the defendants In this case
have answered the bill Two have filed
motions to dismiss and have presented
| affidavits which leave a large number OF
averments OF the bill unchallenged on the
record. The fact that the defendants
have been acting in combination is not
denied. One the contrary. the defend
ants themselves have produced evidence
of the closest association and coopera-
tion on the part of the defendant or
Ganizations. That the officers of the
unions gave directions concerning the
strike from the outset is likewise ad-
mitted.
The only material question really in
dispute on the record is the responsibility
in law of the defendants for the large
number of unlawful acts shown to have
been committed. the most of them by
unknown parties.
Notwithstanding the warnings
against acts OF violence set out In the
instructions OF June q. 1922, there began,
throughout the country, a series of de-
predations. which rapidly developed In
some portions into verita BILE reign of
terror. Railroad bridges were dyna-
mited. spikes removed from rails, OBJ
structions were placed upon railway
tracks, bombs were exploded on tracks
and in railroad roads and hurled at
moving trains.
Assaulting of Employees.
Notwithstanding the admonitions OF
the leaders 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 insulted assaulted and otherwise
intimdated. The word of the peace
ful' picket spoken In the vicinity of the
shop was emphasized in the darkness of
night by the club and pistol of the "un-
known party
Regardless of the instructions that
no injury must be inflicted upon prop
erty, there was sabotage on large
scale. Engines. cars. and equipment
were tampered with and innum era bic
acts OF malicious mischief committed
which endangered the lives of both
passengers and those operating trains
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 II Is impossible on the record here
to view them in any other light than
as done in furtherance Of a common
purpose and as part OF a common plan
This record does not permit the con-
clusion that those who are at the head
OF this combination did not actually
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?
1t seems to have been assumed by the
defendants that no one Is chargeab
with more knowledge than he chooses
to have. that he is oermitted to close
his eyes when he pieases upon all
sources or Information. and then ex-
cuse his ignorance by saying he did not
see anything. In criminal as well as
civil affairs every snan Is presumed TO
know everything that he can learn
upon inquiry when he has facts In his
possession whicn suggest the inquiry.
Yet with knowledge of this intoler--
able situation, nationwide in It's scope.
the leaders OF this combination repeat
edly sent out TO the members Of their
organizations bulletins and communica-
tlons urging the men to greater ac-
tivity.
ION August 2S, 1922. with the record
Of almost two months or continuous
disorder and violence before them, the
leaders of these organizations sent out
to their members the following:
"Tf there be any among us who
regret the step they have taken let
them turn back now, so that the brand
OF Cain can be on them for all time.
because this has ceased 10 be pink tea
or n vacation, nut a real he man strike
from now, and II YOU cannot measure
up to that standard this Is no place for
you
However, keep In mind our policy
that the laws of the land must be
obeyed but there is SO much that can be
done that has not been done without VI
olating the laws that YOU are now asked
10 get on the job and do your damndest
rouxsuuaa IN pouc TxxoIwo