The Connecticut labor news., 1922-08-18
INJUNCTION
(Continued from First Paee.)

filed with the court after which the court began its censure of the strikers and granted the injunction.
 he injunction as 1t reads prohibit p1cketlng near the railroad property or on any street leading to the prop erty and this brought up some little discussion, the Supreme Court hav- ing ruled that peaceful picketing in limited number" is allowable. The road attorneys stated that the Supreme Court ruling was good enough for them.
 The hearing Tuesday was at the outset marked with more clashes be- tween Attorney Danaher for the men and Schaefe for the road over the question of jurisdiction of the court. MT. Danaher claimed that the sub poenaes had not been served and Ire turned" as the rules of procedure of the courts provided and further showed that two subpoenaes had been issued. One of them provided that the subpoenaes must be served and returned and an answer filed on or before August I, while the other was in regualr form and provided for period of 20 days as the rules pro- vide .. ,-.
 [ MT. Schaefe maintained that the return didn't make any difference and that the greater number of defend ants had been properly served and were in court. Clerk of the Court E. ;. Pickett was put on the stand by MT: Danaher but evaded all answers saying that he didn't receive the re- turns personally and couldn't tell when they were made MT. Danaher finally made him admit that the sec ond subpoena was issued after con- sultation with the Circuit Court in New ork and was according to new rules while the first one providing for the two days notice had been made out under old rules. He claimed both were legal, however, as the two day return was simply for the marshals order and the 20 days was allowed in either case.
 MT. Danaher took him up on that point and finally pinned him down to a partial admission that the writs were not all returned within the time stipulated, so far as he could remem- Der. MT. Danaher took this admis- sion up as ground for his contention that the court had no jurisdiction in the immediate matter because the order of the court had not been com piled with. The question of the i'm junction IS small in comparison with the question of the courts jurisdic- tion," he stated, "inasmuch as the road has declared further proceedingS1 against these individuals are to be brought under this very same order Ignorance of the laws or rules doesn't excuse anyone and would not excuse us But we didn't make these blund- CTS and for the protection of the court and ourselves we must protest"
 MT. Schaefe again contended that whether the return was made or not IS or 20 of the defendants had been subpoenaed and were in court wheth- er the service was made on or before | August I. He contended therefore the court had full jurisdiction to go Judge John s. Haugh of the tGircuit ! poena and that MT. Danaher's objec- tions were only another excuse to de- | lay final decision in the case.
 When we get the facts before the | court the people of New Haven will | wake up to what is going on in this | strike," he dramatically declared to l which MT. Danaher retorted some | others would wake up, too.
 Clerk Pickett was finally instructed l to bring in his record book but the record book showed no entry as to when returns were made and Mr. Pickett admitted the clerks office didn't pay much attention to such | things but entered them in the docket | when the assistants got the time to do so. He couldn't or wouldn't remem- Der anything about Marshal Walters going to his office and complaining that return couldn't be made, or ser vice either, within the time specified | in the original writ and that he had | then called upon the circuit court and got instructions on the second sub poena advising the marshal that such writs as were not served should be returned as that way. Some half | dozen or more such writs were re- ' turned, 1t developed
 Deputy Marshal Richard S. Fahey l who has charge of the marshaTs office l and records, was then called but he l couldn't remember when the other l deputies feturned the subpoenaes or l he had returned them to the court 1 He was ordered to bring his record l book into court and, although it is 1 specifically provided that the date and l hour of return shall be entered and | there is a column headed just for that l purpose, Tn not one or the cases De- fore the court had this been done As l near as he could or would say the | writs were returned some time during | the week of August I, admitting that ! probably it might have been August l or 5 before the return to the court | was made.
 MT. Danaher then told the court he | desired to examine Marshal Walters l who had carried the writs to Court 1 Clerk Pickett but had been unable to l get him. He asked an adjournment l therefore. Judge Thomas declared a l desire to close the case as he was ! about to go away and objected to the ! continuance. He sent another deputy l to learn where MT. Walters was and l the deDutv returned with the answer