Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-09-07
RAIL INJUNCTION Of
DAUGHERTY To MEET
SEVERE CRITICISMS
Senate Committee on Labor
Sees Danger in PhfaseoIo-
gy of u, S, Restraining
Court Order
BY DAVID LAWRENCE
(Leased Wire Service to The JourDaI.)
(COnyripht 1891

Copyright, 1911
WASHINGTON, Sept 6.-UnIess
Attorney General Daugherty modi-
fies the phraseology of the tempo
rary injunction which he has OBJ
tanned against the railroad shopmen,
severe criticism of his course is in
evitable in the United States SEN
ale.
Senator Borah, of Idaho, chairman
OF the senate committee on labor,
told this correspondent today that
he did not feel warranted in CRITICS
ing the attorney general at this
time and that he would prefer to
wait until after September II when
the federal court will decide whether
to make the temporary injunction
permanent one and in what form
1t shall apply. .
Mr.. Borah feels, however, that the
temporary injunction if made perma.
nent. would be a dangerous prece-
dent and that the right of interior
ence of the government in private
affairs would thereafter be almost
unlimited.
Ii. for instance, B. M. Jewell, head
/. of the striking shopmen, can be en-
joined from giving an interview to
the press on the subject of the strike,
1t might be possible for some news
paper to be enjoined from publish.
ing 1t and writer's might be restrain
ed from discussing it in print.
In other words, a situation parallel
to that which Governor Allen precip-
itated when he had William Allen
White, an editor. arrested for put
ting poster in his window, might
be developed.
Injunction Drastic
Senator Boran and others feel chat
In some respects a drastic injunc-
ton might violate the constitutional
rights Of citizens and it is sure to
provoke, debate in the senate if the
limitations of the governments
power are not sharply defined
Mr. Borah and others friendly to
labor recognize that the government
has the right to obtain injunctions
which will restrain any union men
from melting their colleagues to acts
OF Violence. This rests not merely
On the Sherman law, but upo1r we'll
established rules of jurisprudence,
Which the courts of equity have long
recognized.
But whether the injunction can be
extended to cover other acts and
other commands Of the union leaders
to their men is quite another ques
ton. Mr.. Jewell. for example, can
be enjoined from telling his men
either individually or collectively
that they must intimidate strike
breakers or otherwise annoy those
who want to work or in any way
damage railroad property. But the
courts cannot in the opinion of many
senators interfere with, the lawful
conduct of a strike unless and until
congress makes a strike itself illegal
Talk of action against the railway
executives persists, but mostly on
the theory that the government will
endeavor to even things up by ap-
pearing at least to be as strict with
one side as the other in the contrO-
Versy.
While there is no certainty that a
federal court would grant a tempo
rary injunction against any railway
executives, the hypothetical discus
sion is based on the idea that the in
terstate commerce commission hav-
ing reported that locomotives and
railway equipment is not normal, a
restraining order might be asked for
enjoining the roads from running
any trains with defective equipment
Conditions Stressed
Mr.. Daugherty in his address to
the federal court in Chicago last
week stressed the abnormal condi-
ton of railway equipment and this
more than any other circumstance
has given rise to the speculation that
the department of justice was plan,
ming some sort of action to prevent
danger in the operation of trains.
incidentally the attitude of those
railway executives who have, con
trary to expectation, failed to re.
. joice over the injunction against the
shopmen but have argued that it was
\ undesirable is no longer puzzling
people here. To a certain extent
they are right in their supposition
that the injunction process would be
a stimulus to labor and help the
shopmen.
Up to a few days ago the railway
lclL lIldI IISy were SLOWLY
crushing the morale of the strikers
and would soon bring them to terms
The intersection of the injunction
issue has aroused Samuel Gompers
and the whole labor world and made
it easier presumably to collect funds
to support the striking shopmer
than might>otherwise have been the
case. Mr.. Gompers has made the
issue a broad one affecting all OF
labor and is eXhorting the entir
labor constituency in America t.
help the strikers.
Talk of general strike was prob
ably aa effective way of advertising
the Importance of the issues involved
so as to bring all labor together il
the moral. hit against the injunc
ton, but, while the chance of order
ing a general strike is remote, thu
American Federation of Labor ha
already accomplished it's purpose b.
the rumors.
1t has intensified the feeling of it
members and given the strikin;
shopmen cause to believe they cal
continue their strike with unlimiteC
funds to support them. That
another reason why Mr.. Daughert.
himself may ask for a less drastic
Injunction next Monday.