Evening star., 1922-09-23
New Temporary Injunction
Granted Affecting 2,7OO Of
ficers and 100000 Men.
UNIONS CANNOT DENY
VIOLENCE, SAYS JUDGE
Order Even More Drastic Than Re-
straint Now in Effect-Defense
Given Till Monday to Answer.
By the Associated Press

By the Associated Press
CHICAGO, September 23.-Judge
James H: Wilkerson today granted
Attorney General Daugherty's petit
tion for nationwide temporary in
juction against striking railway
shopmen.
Judge Wilkerson, in a lengthy re-
view of the case, said the defendants
could not deny knowledge and re-
sonsibility for the widespread
violence which has marked the strike.
Partial settlement of the strike he
held, has not affected the right of the
government to obtain a nationwide
injunction.
defense unit! Monday morning at 10
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
thursday presented the governments
drastic than the restraining order
now iii force.
The order will affect about 27o Off
GERS and 100000 members of the six
crafts belonging to the railway en-
pioyes department, American Fedora
tion of Labor.
No Defendants Answer.
In his statement, after citing nu-
merous supreme court decisions. Judge
Wilkerson said. in part:
None Of the defendants in this case
nave answered the bill Two have
nled motions to dismiss and have pre
sented affidavits which leave a large
humoer OF averments of the bill un-
chailenged on the record. The fact
mat the defendants have been acting
IN comnInation is not denied. On the
contrary. the defendants themselves
nave produced evidence of the closest
association and cooperation on the
part Of the defendant organizatfons
That the officers of the unions gave
atrections concerning the strike from
the outset is likewise admitted. The
only material question really in dis
pute on the record is the RESPONSIBLE =
lty In law of the defendants for the
taoiesiarge number Of unlawful acts
SHOWN to have been committed, the
most or them by unknown parties
Reign of Terror.
notwithstanding the warnings
against acts of violence set out in the
instructions o: June, 27. 1922. there
began throughout inc country a series
oped in some portions into a veritabIe
reign of terror. Railroad bridges were
dynamited, spikes removed from rails,
opStructions were placed upon rail-
way tracks. bombs were exploded on
tracks sad in railroad yards and hurl-
cd at moving trains. Notwithstand-
ing 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 in
suited. assaulted and otherwise in
undated The word Of the peaceful
picket spoken in the vicinity of the
shop was emphasized in the darkness
of night by the club and pistol of the
unknown party"
Regardless OF the instructions that
no injury must be inflicted upon prop
erty, there was sabotage on a large
scale. engines, cars and equipment
were tampered with and innumerable
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 large scale. and
in point of time and place so con-
nected with the admitted conduct of
the strike that it 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
conclusion that those who are at the
head Of this combination did not ac-
tually 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
If they did not actually know they
were charged with such knowledge.
Outlines "Knowledge."
What is legal knowledge Of fact?
"It seems to have been assumed by
the defendants that no man is chargeable
with more knowledge than he chooses
to have, that he is permitted to close
his eyes when he pleases. upon all
sources of Information. and then excuse
see anything. In criminal as we'll as
civil affairs, every man Is presumed to
know everything that he can learn upon
inquiry when he has facts in his pos
session which suggest the inquiry.
yet with knowledge OF this intoler-
able situation nation wide in Its scope,
the leaders Of this combination repeat
edly sent out to the members OF their
organizations bulletins and communica-
tions urging the men to greater activity.
"On August 2S, 1922, with the rec
ord of almost two months of con-
tinuous disorder anu violence before
them, the leaders of these organfza-
tions sent out to their members the
folloWfng:
regrets 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 to
be q pink tea or a vacation. but a
real he man strike from now on, and
IL you cannot measure up to that
standard. this is no place for you.
No Place for Kid Gloves.
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 with
out violating the laws that you are
now asked to get on the job and do
your damnedest and then a little bit
more If che miners could fight FIVE
months, then surely our people can,
too. They won by sticking. We can
do likewise and IL you are not in this
game to do your full duty. then step
aside and let a man take your place.
These may be harsh words, but this is
war, industrial war, and no place for
kid gloves or soft talk. Now boys
let's go from here. No surrender
Those defendants will not be per-
mitted. upon the record here, to deny
responsibility for these unlawful acts.
They will not be permitted to con-
tinue acts which, even though they
may be peaceable and lawful in
themselves. 1t has been demonstrated
"a onlv ma RI of a nrORram of unIa W.