New-York tribune., 1922-09-05

Federation Is Ready TO
Make Test Case Based
on Clayton Law if In
junction Is Up h ED
Validity Doubtful
I'm Several States
Legal Minds See Ground
for Suit, and Long Con.
test Is Almost Certain


From TIE Trtbane's Washington Bareaa
WASHINGTON. Sept. 4.--Big
legal questions surround the injune-
tion proceedings which Attorney
General Daughcrty has begun in
Chicago against the striking railroni
employees. The American Fedora
tion Of Labor, whose executive coun-
Gil will meet here Saturday, will go
the full length in having these ques-
tions tested cut IN the courts.
This means that If, after the hear
ing September II, Judge James Will
kerson, of the Federal District Court
at Chicago, holds the temporary re-
straining order should be made per-
manent, the case will be fought
through to the Supreme Court and a
test made of just what the rights Of
labor are under the law.
Officials Of the American Federation
Of Labor already are declaring tha.
that organization will go the limit liz
protecting the constitutional rights O.
the shopmen as we'll as of labor II
general. While no official statement OF
the plans Of the organization has heer
given out, it is the understanding here
that counsel for the Federation will
back up the shopmen in making the
fight before Judge Wilkerson to pre-
vent the restraining order being made
permanent. If the government is up-
held, however. this will be only the
beginning of the legal struggle.
1t is. the understanding that the
shopmen ! and the Federation win in
p;frt base their case agaifsst the Prop
eSskion Of msSing the reatrsining or
der permanent on section 20 Of the
Clayton act. Able lawyers in Congress
admit that it is by no means GER
tainty under this section whether the
government is entitled to obtain an
injunction as sweeping as that for
which Attorney. General Daugherty has
asked.
Clayton Act Not Clear
Section 30 OF the Clayton act con-
tains numerous prohibitions against
the courts granting injunctions in cer-
tain matters in contests between en-
ployees and employers. II is not en-
tirely clear how far these prohibitions
apply or do not apply to the govern
ment when it is seeking an injunc-
tion in a case like the present one.
Some of the foremost legal minds in
Congress admit there is ground for
much contention with respect 20
whether the injunction can be sus-
tanned under this section.
Little stock Ii taken here in the
idea that there will be q serioms move
nfent on the part of the American
Federation of Labor 20 bring about
. gsnsrnl strike. IL Is the understand
Ing .thatsthe members Of the executive
council Of the organization are nc. dis.
posed TO 60 TO such lengths TO aid the
shopnren. When 1t comes to legal and
financial aid, however, that is e dif-
ferent question.
Held Invalid In Nebraska
One of the points on which there is
difference of opinion is whether the
Judge Wilkerson injunction can be en-
forced in all judicial districts OF the
United States. Judge Woodrough, in
Nebraska, has given an opinion that
the Illinois order will not be effective
iE Nebraska. The same view was ex-
pressed by some other Federal officials.
Undoubtedly the shopmcn ard the .rYs
of counsel backing them for the Tsd-
Grafton, and other organizations will
make the utmost of his contention.
Apart from the legal questions IN
yclyed, there are large political phases
to the injunction. Administration ad-
visers are evincing some anxiety ON
this score. They are making inquiries
to know how the country takes the In
junction and whether public sentiinen.
backs it UP. On this there is marked
difference Of view Some Of she Ad-
ministration's advisers maintain that
sentiment among the farmers of the
country, who have been hard hit in the
matter Of movement of their cropa, Is
backing the Administration in going
after the strike without gloves. In
some quarters there is talk TO the
effect the injunction has been ,n,s-
take in that 1t has made coneillation
TO settle the shopmen's strike difficult,
il not out Of the question.