New-York tribune., 1922-09-02


ed Sheet Metal Workers, j. J, Haynes,
president.
International brotherhood of Boil
errnakers, Iron Ship Builders and
Helpers of America; J. A. Franklin,
president.
Brotherhood Of Railway Car Men of
| America; Martin II. Ryan, president.
international Association Of Machin-
istsi William Fl. Johnson, president;
Z. G.. Davis, grand secretary-treasurer
international Association of Electri-
sal Workers; James P. Noonan. pres
ident.
Atlanta. Tennesses and Northern
/ System Federation No. 1872; J. M. Key,
president, and Robert n. Seabury, sec
setary.
After reading the governments petit
tion Mr.. Daugherty gave statement to
the court outlining the position of the
government in respect TO the eontinu-
ance of the strike. He declared that no
union or other organization could hold
! Its own laws and constitution supreme
above the laws and Constitution of the
United States. He declared he ex@
pected criticism, with the possible
charge that hc was attacking the prin-
ciple OF unionism, but he declared that
the action he seeks is vital to the pres
ervation of the unions themselves, lest
they attempt to dictate to the govern
mcnt.
1t will be necessary, the Attorney
General affirmed, TO destroy the unions
II unions, as such, dominate the Amer
lean people and deprive them of the
necessities of life.
Unions Held Responsible
There was no doubt in the minds of
those who heard the petition read that
the Attorney General viewed the bomb
outrages, the murders, the wreck plots
and other forms Of violence that have
characterized the strike since it's in
ception as part Of the union pro-
| gram.
"The vicious element of the striking
employees" the petition said in part,
| "and those who despise all govern
mental authority, have seized upon the
situation to create SO far as they are
able reign Of terror by dynamiting
railroad bridges, removing spikes from
| rails, placing obstructions on tracks
| and in railroad yards, exploding bombs
| and hurting bombs at moving trains
| for the purpose not only Of impeding
!, and hindering the transportation of
| passengers and freight, but of deter
| ring by fear the trainmen from oper-
ating trains and passengers from rid
| ing thereon"
In order that the court might appre-
| ciate the scope of the terrorism the
! Attorney General presented an exhibit
| showing numerous acts of depreciation.
! The Attorney General, 1t Is said on
| good authority, acted to-day with full
knowledge and consent of President
| Harding and other administrative heads.
The petition, which was prepared last
week, was gone over with scrupulous
care to provide against any technicali-
| ties that might prevent it's effective
ness, and before being brought to Chi
cago had been approved by President
Harding, according to advices from
| Washington.
The injunction application was the
center of a Cabinet storm weeks ago,
| it was learned to-day. The Attorney
General wanted it tried earlier in the
strike, but President Harding and a
majority of the Cabinet opposed him,
/ Several Cabinet members are still in
| opposition to the move, according 10
Washington dispatches, but the Presi-
peaceful settlement of the strike failed.
Debs Case Precedent
A precedent for the injunction was
established in the Debs case Of 1896,
when the Supreme Court held that the
Federal Court might by injunction re-
strain interference with interstate
commerce.
The petition began with brief reci-
tai of the history Of the strike,
| saying that more than 100000 miles
of railroad and the livelihoods of
100000 railroad workers have been
| threatened. The strike, Mr.. Daugherty
asserted, was called in defiance of
the Railroad Labor Board. 1t amounts,
ne said, ito a conspiracy against the
government Of the United States"
The suits seeks to "enjoin all rail-
way employees, attorneys, servants,
agents, associates and members and ali
persons acting in aid or in conjunction
with them, primarily until final hear
ing and permanently thereafter, from
in any manner interfering with, him
dering or obstructing railway companies,
their agents, servants or employees in
the operation of their respective rail-
roads and systems Of transportation or
the performance Of their public duties
and obligations in the transportation
of passengers and property in inter
state commerce and the carriage of the
| mails, and from In any manner inter-
fering with. hindering or obstructing
| the agents, servants and employees of
said railway companies, or any Of them,
engaged in inspection, repair, opera
tion and use Of trains, locomotives,
cars and other equipment of said rail-
way companies, and from preventing or
attempting to prevent any person or
persons from freely entering into or
from continuing in the employ of said
railway companies for the purpose of
inspection, repairing of locomotives and
| cars or otherwise" p"
Would Prevent Conspiracy
The action also would "enjoin against
ccnspiring, combining, confederating,
agreeing and arranging with each other
/ or with any other person or persons,
organizations or associations to inter-
fere with or hinder railway companies"
The government asked the court to
prevent the strikers from annoying
sany employee of any railroad in con
| nection with the performance of his
/ l.. l. .x~1 H. H.