The Washington times., 1922-09-24
COURT Makes
.R.R.|NJUNCT|ON
PERMANENT ONE
Enioins shopmsn and UphoIds
Right Of v. 8. to Seek
Order.
BY JOHN L. SPIVAK,
Int.rn.tian.I Nsxss s.rvics

BY JOHN l.. SPIVAK,
international News Service.
CHICAGO, Sept. 23.-In the
most important decision ever
handed down to organized labor
in a Federal court, United States
Judge James H. Wilkerson today
made permanent the temporary
writ of injunction secured by
the Government against the strik.
ing rail workers. y
Cites Government Rights.
''The right Of the United States
Government" declared Judge VIII
kerson. in reading his decision on
the drastic Injunction asked for by
Attorney General Daugherty against
the striking shopmen and their lead
ers, ito petition for an injunction Is
no longer open to debate.
'In the Debs' case the court held
that II Is the Governments duty to
keep highways clear, including the
railroads, and free from obstruction.
This bill Ia not private bill. In
the language Of Judge Baker. Of the
United States CoArt Of Appeals, pub.
lie utilities in interstate commerce
must keep going against any inter.
ference or unlawful conspiracy"
The decision took thirty-six hours
for preparation and was read to a
packed court room shortly after II
o'clock this morning
Attorneys for the defense who had
battled vainly against the drastic
injunction and the Governments at.
torneys who had presented a mass
Of affidavits to sustain their con.
tention that a conspiracy to obstruct
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.
Denies the Motion.
The motion to dismiss the bill
must be denied" declared Judge
Wilkerson. the complainant, how.
ever, Is entitled to an injunction pro-
hibiting the parties to this combina-
ton from committing the unlawful
acts charged, the effect Of which is
to obstruct interstate transportation
and the carriage Of the mails or to
restrain interstate commerce, as we'll
as the acts charged which are lawful
In themselves when done In further.
ance OF a conspiracy to obstruct in
terstate transportation and the car.
riage of the mails or to restrain
Interstate commerce. The parties
will be heard as to the form OF an
order to be entered in conformity
with the views he expressed"
In sustaining the Governments
plea for making the injunction per.
manent, the law was 90 clearly laid
down that leaders Of . nationwide
strike are responsible for the acts
Of violence resulting from their call
Ing Of the strike.
simultaneously with the granting
Of the courts decision sustaining At
torney General Daughertys pleas,
attorneys for the defense, acting On
behalf Of the American Federation of
Labor, started work to carry the case
through to the highest tribunal Of
the land. to settle definitely the
righteousness OF Judge Wilkerson .
decision.
A bitter legal battle. to be carried
to the United States Supreme Court,
was forecast by attorneys for the
defense.
I'm disposing OF this case" read
Judg Wilkcrson in his momeiIto .s
decision, 1T may be well at the out
set to emphasize what this case Ia
not: 1t Is not a case between ali
employer and employees, 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. It IL not
a private bill to enjoin indirect m.
Jury, as one caused by a secondary
boycott to the property Of the CON-
plainant."
The Judge cited at length from
the Debs case, quoting numerous
legal authorities to sustain him IN
his opinion, and continued:
Can Il be said that merely be.
cause the element Of labor con-
troversy remains in the situation.
the actors may not be punished
| when their purpose is not only
the accomplishment OF something
with respect to wages or conditions
OF employment, but also the de-
struction CT property, the invasion
Of the rights Of others, and the in
Fiction Of injury rpon the public?
Such an Interpretation conflicts
| with every rule Of statutory con-
struction. Moreover. II must be
borne in mind that the Sherman
act Furnishes the conspiracies at
which IL is aimed on the common.
law footing-that Is to say, II does
not make the doing of any act
other than the act Of conspiring q
condition of liability.
THE law Is clear in my opinion
that II the dominating. primary
purpose Of the combination is to
restrain trade or to do things un.
lawful In themselves, and which
by reason Of their inherent ma.
ture operate to restrain trade, the
purpose Of the combination is un.
lawful. and that purpose may not
be carried out even BY. means