Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1922-09-07
Hands of Atty. Gen. Tied By
Act OF Congress- Cannot Use
Govt Funds For Prosecution
BY WIN. X. HUTCHINSON,
q. N. S. staff Core ]

w ASnlHgtO1, sept. The n1uuS
Of Attorney General Daugherty IN
bringing prosecutions for alleged
violations Of peace provisions IL
the Chicago strike injunction, ara
tied by an act OF Congress prohibit
Ing the use OF government funds
FOR such purposes. II was CHARGED
today by labor leaders.
Congress, they said, specifically
prohibited the department OF Justice
from spending federal money In
prosecuting unions or union officials
on suits brought under antitrust
laws for acts held lawful under
criminal law. The Chicago injunc-
ton. II was said was obtained on
an allegation that conspiracy exist.
ed among unions to violate anti
trust laws.
Upheld BY Senator Warren.
Their contentious was upheld BY
Senator Warren, Republican, Of
Wyoming, chairman of the Senate
appropriations committee and co-au-
thor of the department Of Justice
Appropriation bills and by Senator
Owen, Democrat, of Oklahoma,
Democratic member OF the commit.
tee.
Both declare the funds they voted
to the Attorney General could not
be used to prosecute violators of
the injunction who we're not guilty
of violating some other criminal
law
Cannot Use Antitrust Funds.
The legislation was written into
the appropriation bill approved BY
the President on June 1. II pro
hibited the use OF antitrust funds
lin the prosecution of any organiza-
ton or individual for entering into
any combination having the purpose
or increasing wages, shortening
hours. lettering hours OF labor, OF
for any act done in furtherance OF
labor. not In itself a violation OF
the law
Labor leaders declared the acts
of the strikers in picketine, iseu-
ance Of strike orders, pro-strike
speeches and the like, all would b
legal acts In "furtherance" OF union
agreements.
Senator Warren declared the At
torney General could not use funds
to prosecute violators Of the in
junction who aid not violate some
other federal statute. While an
nouncing he opposed this provision
In the appropriations bill, Warren
said 1t bound the Attorney General
with as much effect as any other
section OF the measure.
Owen Declares For Atty. Gen. I
Senator owen, however, declared
the Attorney General did have au-
thority to use federal money for
prosecutions under any part OF the
injunction, whether the act OF viola.
ton was otherwise legal or Illegal.
r. an alleged illegal act were COM
mitted, Owen said, prosecution
would have to follow the natural
course provided by federal law and
could not be brought with govern
ment funds under the Injunction.
He charged Daugherty was not even
legally authorized to spend govern.
ment money in seeking the injunc.
ton.
Condemning the injunction itself
as a menace to free speech and
freedom OF assembly, Owen charged
the Attorney General with seeking
to club the shopmen into submis.
sion" EEL
Goes Too Far.
The Attorney General goes too
far and he will be compelled by
public opinion to recede," said
Owen 1.-The Court Itself dare not
maintain the terms used In the tenn
porary INJUNCTION where they could
deny constitutional rights OF citi.
Zens.
"The Attorney General also
charged conspiracy IN violation OF
the act % July 2. 1920, and the sher-
man antitrust law. Under the Sub
title enforcement Of antitrust
laws IN the last appropriation bill,
CONTINUED On Page Tenn