Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-09-24
COURT GRANTS TEMPORARY.
WRIT To GOVERNMENT IN
NATION WIDE RAIL STRIKE
Breaking of Walkout Has No Effect on Issues In
volved, Says Judge Wilkerson; Unions VIII
Appeal to Supreme Court; Result Is Clear Cut
Victory for U. S., Says Attorney General.

measure up to that standard, this is
no place for you.
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, then a little bit more
If the miners could fight five months
then surely our people can, too. They
won by sticking. We can do likewise.
and if 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. indus
trial war, and no place for kid gloves
or soft talk. Now, boys, let's go from
here. No surrender
'"These defendants will not be permit
ted upon the record here to deny re-
sponsibility for these unlawful acts
They will not be permitted to continue
acts which, even though they may be
peaceabIe and lawful in themselves, ii
has been demonstrated, are only part
of a program of unlawful conduct and
are done for the accomplishment of an
unlawful purpose.
THE record in this case shows that
the so-called ~peaceable and lawful acts
are so interviewer with the whole
plan of intimidation and obstruc-
ton that to go through the for
mality of enioining the commission of
assaults and other acts of violence
and leave the defendants free to pur,,
sue the open and ostensibly peaceful
part on their program would be an idle
ceremony.
Defendants assert, as a ground
against the granting of the relief
sought by the complainant. that the
strike was a defensive measure against
a plot of the railway companies to de-
stroy the unions. The argument seems
to be that the defendants are justified
in inflicting upon the public any injury
which it may be proper for them to
infIict upon their adversarles IN the
conflict.
"It must be remembered, however,
that this is a suit brought for the
benefit of the public. Restraint of
! trade may not be adopted as a weapon
! on Industrial warfare. The court must
act upon the case now before it can
give its aid to the removal Of the OBJ
structions to commerce which are found
to exist.
Peace No Factor
at has been suggested by the defend
ants that as the strike has been set
tied on some of. the railroads, there is
no need for the injunction. or at least
for one of the breadth sought by the
government. The right to relief is to
be determined by the conditions exist
ing at the time of filing of the bills.
Rights do not ebb and flow. If they
are invaded. a recourse to courts OF
s.z&soo =. vo~Ioxoj ayI nnonCcorr 1nI
it Is not defense to the invasion OF
right that since the institution of the
suit the invasions has ceased"
District Judge Wilkerson's opinion
granting a temporary injunction against
the railway shop crafts was declared
a "clear cut victory for the govern
ment'' by Attorney General Harry NJ
Daugherty. The attorney general al
home in Columbus, Ohio, by telephone
authorized the following statement:
THE decision was a complete AM
clear cut victory for the government
It settled the law with respect tc
strikes which affect the transpOrta-
ton of passengers and property in in
terstate commerce and the carriage Of
the United States mails. The govern
ment will see to 1t that any DEGREES
entered into pursuance of the decision
shall be adhered to. 1t will also SET
to it that as quickly as possible The
railway companies shall comply witt
the acts to regulate commerce and any
decisions or orders of the interstate
commerce commission with respect t.
service or equipment as well as all de.
cisions Of the railroad labor board re.
lating to wages or working conditions
1t is unnecessary to say anything fur
Their at this time"