The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-23
Judge WilkersOn Rules in Favor
of the Government.
Leaders of Strike Are Respon-
sible for Violence.
SAYS THE LAW is CLEAR
Purpose of Combination TO Re.
strain Trade Unlawful.
Labor Dispute Should Not Inc
wade Rights of Others.

Chicago, Sept. 23.-In the most im-
portant decision ever handed down to
organized labor in federal court.
United States Judge James H. Will
kerson today sustained the temporary
writ of injunction secured by the gov
ernment against the striking rail
workers
The sustaining of the preliminary
injunction makes the restraining or
der continue in effect until Judge
Wilkerson renders his final decision
in the case. The shopmen have
twenty days in which to file an
answer to the courts opinion in re-
fusing to dismiss the bill.
The decision took Sc hours for
preparation and was read to a packed
court room shortly after IL o'clock
this morning. Attorneys for the de-
Tense who had battled vainly against
the drastic injunction and the govern
ments attorneys who had presented
| mass of affidavits to sustain their
contention that a conspiracy to- OBJ
struct interstate commerce existed,
leaned forward anxiously to listen to
the judge read from his closely type
written pages the decision that would
! leave a permanent effect upon or
/, ganized labor in the United States.
Can't Obstruct Mails.
| ''The motion to dismiss the bill
! j
kerson. THE complainant however
| is entitled to an injunction prohibit
/ ing the parties to this combination
from committing the unlawful acts
charged the effect of which Is to OBJ
! struct interstate TRANSPORTATION and
| the carriage of the malls or to re-
! strain interstate commerce, as we'll as
the acts charged which are lawful
! in themselves when done In further
anee or a conspiracy to obstruct inter-
CT fnr i
! of the mails or to restrain interstate
CONNIE cree. The parties will be heard
| as to the form of an order TO be en-
tered in conformity with the views
/ here expressed"
In sustaining the governments plea
for making the injunction permanent,
the law was clearly laid down that
| leaders OF nationwide strike are
responsible for the acts of violence
resulting from their calling of the
I strike.
Defense VIII Appeal.
j simultaneously with the granting of
the courts decision sustaining Attor-
ney General Daugherty's pleas, at
torneys for the defense, acting. on be-
half of the American Federation of
Labor, started work to carry the case
thru the highest tribunal of the land.
/ In disposing of the case,'' read
Judge Wilkerson, in his decision, lit
may be well, at the outset, TO en-
phasize that this case is not a ease be-
I tween an employer and empioye or
between employers and employees. or
between persons employed or persons
seeking employment, involving or
growing out of a dispute concerning
/ terms or conditions of employment.
1t is not a private bill to enioin in
direct injury, as one caused by a sec
ondary boycott, to the property of the
complainant"
Cites the Debs Case.
The judge cited at length from the
II Dehs case. quoting legal authorities TO
sustain him in his opinion, and con-
ltnued:
Can it be said that merely be-
cause the element of a labor con-
ttrt%ersy remains in the situation. the
actors may not be punished when
their purpose is not oZsfy the accom-
plishment of something Eith respect
to wages or conditions of employm ent,
but also the destruction of property.
the invasion of the rights of others
and the infliction of injury upon the
ipEblic? Such an Interpretation con-
f1icts with every rule of statutory con-
STIR ction. Moreover, it must be borne
in mind that the Sherman act Furnishes
the conspiracies at which II Is aimee
on the common law footing--fhat is
to say. it does not make the doing of
; any act other than the act of conspir-
ing a condition of liability
, Any Purpose to Restrain Unlawful.
THE law is clear. in my opinion.
that IL the dominating, primary pur-
pose of the combination is to restrain
trade or to do things unlawful in
themselves, and which by reason OF
their inherent nature operate to re-
strain trade, the purpose of the COM
bination is unlawful and that purpose
(Continued on Page TWo.J