Evening star., 1922-09-09
STRIKERS GRANTED
WRIT CURB|NG ACTS
Of MARSHAL HERE
, Order Restraints Snyder
From Exceeding Scope OF
Chicago Injunction.
ACTION AGAINST GORDON
FAILS; CAN BE Renewed
Injunction Runs Until Hearing
Next Friday on Motion to Dis
miss Bill of Union.

Edgar c. Snyder. United States mar
shall for the District of Columbia, was
today temporarily restrained by
Justice Jennings Bailey of the Su-
preme Court of the District of Colum-
bia from interfering with meetings
of the International Brotherhood OF
Electrical Workers. one OF the
striking rail shop crafts, or with do
Ing anything in excess of the scope
of the Chicago injunction.
The application Of the strikers
for an injunction against United
States Attorney Gordon was de-
MED without prejudice to a re-
newal after next Monday. when
the Chicago restraining order ex-
pires under its terms The strik-
ers were allowed to give only
nominal bond of 500. The restrain
ing order against the marshal will
run until the hearing of motion
to dismiss the bill of the strikers
which was filed today by the govern
ment. Hearing will be scheduled on
the motion for next Friday.
Jurisdiction Is Attacked.
The filing of the motion to dismiss
was the method adopted by United
States Attorney Gordon and Assistant
United States Attorney West to pre-
vent the hearing today of the appli-
cation of the strikers for the tenn
porary Injunction. The government 8
motion to dismiss attacked the juris-
diction of the District Supreme Court
to interfere with the service of an
order from a federal court Of competent
jurisdiction.
Maj. Gordon was not prepared to
argue the motion to dismiss. pointing
out that it had been noticed to coun-
by-Smith and David A. Pine. for next
Friday. Col. Easby-Smith offered to
waive notice and have the motion
argued at once. TO which Maj: Gordon
objected and declared he wished to
proceed in the regular and orderly
way under the rules of court. Justice
Bailey upheld the right of the United
States Attorney to defer the argu-
ment and stated he would hear the
application of the strikers.
Threats Are Charged
Col. Easby-Smith made a lengthy
argument in support of the applica-
ton of the strikers and pointed out
that threats to interfere with the or
derby meetings Of the strikers had
been alleged against Marshal Sny-
der, as well as other acts claimed to
be In excess of the scope of the in
junction order. even If 1t were valid.
He denied the validity of the injunc-
tion and asserted that while the suit
was filed in Chicago September l. the
process attempted to be served on
James P. Noonan. president of the
Electrical Workers, bears date Of
September 2 and was not sought to
be served until three hours after Mr..
Noonan and the other strikers had
filed in this court the application for
injunction. He claimed a clear case
of threats had been made out and that
the plaintiffs are entitled to a re-
straining order.
Opposed Temporary Order.
Maj. Gordon opposed the granting
of a temporary Injunction. declaring
that full remedy Is available to the
plaintiffs next Monday in the Chicago
tribunal which issued the injunction.
He questioned the right of the court
to grant the relief asked by the plain
tiffs and pointed out that no facts are
stated in the petition to show that
the Chicago court lacked jurisdiction,
and without such showing this court
was without Jurisdiction to interfere
with the order or the service of the
Injunction. which was the duty Of the
government officials named in the Pc
tition. He refused to enter into a
that nothing would be done to carry
out the terms of the injunction until
Monday, when the matter comes be-
fore Judge Wilkerson in Chicago. Mai.
Gordon said he was not in a position
to say there would be any modifica-
Of q Chioo
willing to agree not to do his duty as
he sees it.
Basis Of Petition.
The governments move to dismiss
the petition for Injunction was made
on the following grounds:
I. That the suit is in effect one
against the United States, to which
the United States is not a party,
and in which it has not consented to
be sued.
2. That the bill of complaint al
1eges no facts showing that the dis
trfct court for the northern district
of Illinois was without jurisdiction to
enter the order which 1t Is alleged
the defendants (Peyton Gordon and
Edgar Snyder) have threatened to
enforce. and that this court is with
out Jurisdiction to modify or review
the order duly entered by that court,
jurisdiction.
8. That said order, SO entered by the
district court for the northern dis
trict of Illinois, is not subject to col
lateral attack in this court, and even
IF the terms Of that order were err
roneous in whole or in part, the dis
trict court having Jurisdiction of the
controversy. this court cannot act as
an appellant court to review q ju-
dicial order made by q court Of COM
petent Jurisdiction. Plaintiffs have
an adequate and complete remedy by
proceedings In the said district court
in the cause in which said order was
entered.
e.. That there are no facts alleged
In the bill Of complaint to show that
the alleged threatened acts of the
defendants will interfere with the
property or pecuniary rights of the
plaintiffs. and that therefore q court
of equity is without jurisdiction to
grant the relief prayed. ..
COSTA RIGA REJECTS TREATY.
~ the Associated Press.