The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-09-10
ALL. URGES STRONG
FIGHT ON INJUNCTION
Gompers Issues Statement At
ter the Executive Coun-
Gil Meets.
LEGALITY is DISPUTED
Chief Contention Is That
the Government Has No
Property Right.

Special Dispatch to THE NEW YoRK HEnALp
ATLANTIC CITY, Sept. 9.--Resistance
to the Federal Governments use OF
injunctions in labor strikes was au-
thor:zed by the executive council OF
the American Federation of Labor at
its first formal session to-day in the
Ambassador Hotel.
In open defiance of the Govern
ments power of injunction the high
esr labor tribunal in a carefully guard
ed declaration challenges the legality
OF the injunction as applied TO. labor
situations. and formally calls on all
workers to resist" a practice which
"offends constitutional rights
The action was taken by unanimous
endorsement OF the council and the
declaration was issued by Samuel Com
pers. president OF the A. F. OF L., at tho
close OF the session.
What form such resistance" Is to take
Is not prescribed by the council The
Interpretation is to be left 10 the indi-
vidual unions. When asked whether
the councils statement urging the
workers to resist Federal action might
not be regarded as defiance OF the
courts, Matthew Vol, vice. president.
said that IL such injunctions are issued
the courts should be defied.
The council was careful throughout
to reiterate its respect for law. while at
the same time calling on the public to
back up labor in fighting injunctions.
The rights OF the Government III the
Daugherty suit are disputed mainly on
the ground that the Government has no
property right involved.
Text of the Statement.
The statement follows:
The injunction issued at the in
stance OF the Government against
the striking railway shop workers
outrages every constitutional guar
anty OF free speech. free press and
free assemblage. II directly vio-
lates Sections 6 and % OF the Clay
ton antitrust law and sweeps aside
the bill of rights. Under the labor
sections OF the Clayton law specific
provision Is made that no injunction
shall be granted by any court OF the
United States growing out of a dis
pute concerning terms Of employ
ment unless property right OF tho
party making the application is in
volved. and even in that event GER
tain inalienable rights OF the work.
ers must be observed BY our courts.
IL is. difficult 10 understand what
property right OF the Government is
Jeopardized that will warrant de-
priving the wage Gamers of their
constitutional rights 10 freedom OF
speech. freedom Of press. freedom
Of assemblage. freedom collectively
to protect and advance their interests
against the onslaught made upon
them by the owners OF our Transport
tation systems. II the Government
does not possess a property right in
the railroads which merits an in
junction. then we hold that the in
junction should have been against
those who have defied the re-
quest OF the President OF these
United States. Surely the railroad
workers should not be punished for
the wrongdoing OF the railroad
executives
The presumption that the injun.,ion
IS issued 20 prevent the commission OF
crime violates every principle Of equity
and Of equity procedure. In addition
Il removes every safeguard to life and
liberty Indeed, the entire injunction
procedure reverses our American con-
copt Of Government and process OF
law and outrages the conscience Of
freedom loving people. BY this power
or Government the presumption OF I'M
nocence IL destroyed. trial by jury is
denied. rules OF evidence are swept
aside and the temperament and pas
sion Of Judges reign s-preme. Con-
Fressional act. legislative enact
mcnts, aye. constitutional safeguards
become mere empty phrases when In
conflict with judicial arrogance.
See JeTerson's Prophecy FULFILLED.
The railroad workers strike and its
outcome pan into inslgnlncance when
compared with the fragrant violation
OF the peoples constitutional safe
guard by those In high positions OF
Government through the Injunction
process. In the constant extension Of
tho injunction process 70 govern the
Industrial affairs Of our nation we find
the fulnllment Of Thomas Jefferson's
frank opinion and con yiction that tile
germ of dissolution of our Federal
Government is IN the judiciary, an
irresponsible body. working lii,e
gravity. by day and ~ night. gain
Ing a little to-day and gaining a little
tomorrow and advancing Its noise
less step like thief over the ield Of
Coutin ued on Page Two