Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-09-06
N. P. SECURES
INJUNCTION In
STRIKE CHARGE
Temporary Federal Court Order
Forbids Interference With
Road Work.

Citing the temporary injunction pre-
viously issued on behalf Of the Great
Northern railway against interference
with it's operations by some of the
striking shipments unions, ~ udg
George NJ. Bourquin in federal court
Tuesday issued a similar injunction
against the international unions on
petition Of the Northern Pacific rail-
way.
The new injunction is similar in
wording and effect to the previous
order of the court in connection with
the Great Northern suit. Both came
out of the strike Of shopmen on the
roads and the ~injunctions limit the
activity of the unions and forbid in
timidatiton or interference with the
present employees of the railway COM
panies.
The decision of Judge Bourquin fol-
lows:
This suit is in all essentials like
Great Northern Railway company VS..
Labor Unions, No. 227 In this court
and decided July u, 1922, and requires
practically the like decision for the
like reasons. The bill was filed August
8, 1922, and the hearing for temporary
injunction was had on August 30, l922.
'The evidence discloses little in the
way of threats, intimidation and CO.
ercion by members of the defendant
association, but enough to move the
discretion of the court to grant q
temporary injunction. These unlawful
means are reasonably likely to grow
and increase if unchecked, to the point
of infliction Of ~irreparable damage
within the legal import of the term,
upon plaintiff.
Cases Are Cited.
ITO briefly cite instances, the de-
p~ortation of Hennings and Burch at
Billings, in respect to which is no
denial save by only some of those
accused and only that they took no
part in the occurrence; the threat to
Brady at Livingston, undenied by But
Ter, accused: the threats to McGuire at
Forsyth, undenied by Pemberton, Gross
or Walsh, accused; the threats to
Quineer at Helena, undenied by
Zuchlke or Bennett, accused; the
threats to Hall at Glendive, undenied
by Bennett or Miller, accused. Those
thus accused are members of some
of defendant associations. In addl-
ton are threats to and assaults upon
plaintiffs employees, by unidentified
persons, in circumstances which, taken
with the foregoing incidents. tend to
warrant q temporary injunction, how
ever insufficient they might be to JUS
tify a permanent injunction. 1t will
be remembered that often it is proper,
wise to grant a temporary injunction
upon conflicting and meager evidence,
though when it comes to the final hear
ing or trial upon the merits such EVIL
dence would not suffice for a perma-
nent injunction.
IF the evidence preponderates that
irreparable damage is threatened and
reasonably likely to occur before final
hearing or trial, a temporary injunction
is granted to guard against it until both
parties can place all their evidence
before the court I o determine whether
sufficiently likely to justify a perma-
nent injunction.
"In respect to the individual defend
ants, officers of the defendant assocla-
ton, the evidence is challenged and is
found to be insufficient to warrant
their subsection personally by name to
a temporary injunction. There is no
evidence that they or the associations
as such, counsel or countenance uniaw-
full means to further their success in
the strike. On the contrary, the evil
dence is otherwise save in one com
paratively trifling incident involving
Defendant Cast and the evil aspect of
which he denies.
Says Injunction Has Weight
"Of course, the temporary injunction
against the defendant associations must
be respected by all members and includ-
ing these individual defendants; and
should they violate it, they can be held
to answer as though it ran to them
personally by name. But although the
association as such proceeds lawfully,
since some of its members are proceed
ing unlawfully to further association
success in the strike, the association is
properly made defendant and enjoined,
TO bring to account the known or I'M
known members thus violating the law.
1t is these latter that are the real
defendants, represented by their com
mon( association) name.
The terms of the order will be as
in the suit aforesaid, but more clearly
indicating defendants members can go
upon plaintiffs premises for the usual
purposes permitted to the general
public. 1t may be amended on motion
of either party if circumstances war
rant. and if defendants fears be real
lied that it is abused by plaintiff, they
have their remedy.
"~Injunctions are for protection of
both parties. impose restraint upo
plaintiffs correlative to that imposed
upon defendants, and misused by the
former may be amended in terms TO
expressly apply to them, or may be
vacated.
plaintiffs contention that because
interstate commerce and mails are in
volved. defendants can be enjoined from
otherwise lawful persuasion of employ
es to quit plaintiffs employ, is without
merit.
Before Debs' case, the right of
peaceful persuasion was recognized
even though as an unattended conse-
Guence interstate commerce and mails
were halted. Debs' case also recog-
nizes the right, and only upheld in
junction against unlawful obstruction,
that is, obstruction intended or by
threats, intimidation and coercion.
1.-THE Clayton act also recognizes,
sanctions the right, and it and the law
before it are not implicitly repealed by
the transportation act"
MARRIAGE LICENSES
Jesse J.. Gleason, 81. Of Choteau,
and Maude G. Arnett, 20, of Bynum.
Thomas G. Austin, 20, and Gladys