The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1922-09-08
Test Case
Started on
Injunction
Action to Enjoin Court Order
Against Railway Strikers
Is Begun in District
of Columbia.
Other Suits Predicted
By GRAFTON S. WILCOX
Omaha H~s leased Nurs

Washington, sept. An attempt
'to enjoin the injunction brought BY
the federal government against the
railroad shop strike was begun here
today on behalf OF the restrained
unions by the international Broth
erhood OF Electrical Workers.
Although the suit, filed in the dis
triet supreme courh Is TO enloin the
United States attorney and marsha!
for the District OF Columbia from
carrying out the terms of the Chi.
cago injunction against Washington
unions and strikers, the case. il IS
declared, has broader purposes. to
test the legality OF such iniunetions
and 10 carry the litigation TO the
supreme court OF the United States,
il necessary.
The suit, il is declared. has the
endorsement OF the strike leaders OF
the railroad department OF the Amer
lean Federation OF Labor, and is
part OF the general plan OF action 10
be brought by the unions against the
government, agreed upon at con-
ference said to have been held We'd
nesday in Baltimore. Bert NJ. Jew
ell, the mysteriousiy missing, but frc-
quently heard from leader OF the
strike, is reported TO have attended
the conference.
May Ignore Injunction.
Following the filing OF the sui
here and the aDnouncement by the
attorney general that no counsel Tor
the striking unions had yet filed All
appearance in Judge Wilkerson's
court, it was reported in labor quar-
ters that the shopcrafts may ignore
the federal injunction suit, which
comes up for argument in Chicago
Monday. Attention was called 10
the fact that the railroad department
of the American Federation OF La
Dor had gone on record weeks ago
against spending union funds to fight
injunction suits.
Although union officials would no;
discuss the electrical workers suit,
it was regarded here as probable
that similar suits might be filed in
other localities to restrain the fed
eral officials from carrying out the
orders OF the court under tie Chi.
cago injunction.
Seek to Prevent Service.
The suit filed here seeks to pre-
vent service OF the strike injunction
and to enjoin federal officials from
interfering with the conduct of the
International Brotherhood OF Elec-
trical Workers, or the conduct OF
the railroad strike. James P. Noe.
nan, president and Charles P. Ford.
secretary of the electrical workers,
appear as plaintiffs in the case. No
tice was served on the government
as defendant that Justice Bailey will
be asked to issue a temporary in
junction Saturday morning.
The plaintiffs maintain in their pc
tition that an injunction has no ex-
tra-territorial effect and that Judge
Wilkerson had no authority in law or
equity to issue the injunction. No
service was made or attempted to
be made to summon the defendants
IN the case in Chicago, in accordance
with the provisions of the Sher-
man act, before the injunction was
granted, it was claimed.
No Peace Parleys.
James P. Noonan of the electrical
workers, who is preparing to attend
the conference OF the shopcrafts poll
ccy committee in Chicago Monday.
declared that there were no peace mar.
leys going on between the strike lead
ers and railroad executives. The
meeting in Chicago, he said. is called
TO consider she general strike policy
and what should be done as a resui,
OF the Wilkerson injunction. B. Nj.
Jewell. who was expected in Wash.
ington today, could not be located
here, His associates said he had
not been here and was now en- route
to Chicago