Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-07-12
STRIKE INJUNCTION
OF RAIL UNION MEN
MADE permanent
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trains besides the widespread slow
ing up Of business, as testified to by
fifty-three representatives Of leading
business concerns in the country.
Approximately 1900 instances OF
various kinds Of assaults and nine
teen deaths due to alleged violence
on the part of striking shopmen and
about sixty-five cases of KIDNAPPING
and other assaults were cited In the
governments testimony.
Amazed by Evidence.
In making the Injunction perma-
nent, Judge Wilkerson said. In part:
1T seems almost Incredible that
warfare of the kind disclosed by the
voluminous record in this case should
have been waged IN this country. IT
is even more ominous that this un-
lawful assault upon the commerce or
the nation should have found apol-
osists and defendants. including some
(happily a few, however). of those
charged with the duty of protecting
property and enforcing the law"
This strike was more than a con-
troversy between employer and en-
ploye. Its manifest purpose. as
shown by the evidence, was to cripple
and destroy Interstate commerce and
to create by this assault pubic
opinion hostile to the decision of the
board. The primary purpose OF the
combination, therefore. is unlawful,
and it may not be carried out by
means that otherwise would be legal.
Acts Of Violence.
Even IL the strike Is regarded
merely as a controversy between en-
ployer and employee, the evidence
shows beyond doubt that II was parf
Of the purpose of those engaged in
this combination to carry on the
lence. Certainly upon such a showing
the injunctive relief will not be
limited to forbidding acts OF violence.
which are done in secret and for
which 1t is hard to Ak responsibility
and to impose punishment, and thus
leave defendants free to encourage
injury to persons and property by
open words and deeds which In them
selves appear peaceful and lawful"
sixty Days for Appeal
The defendant unions were not rep
resented in court this morning. 1t
was explained. however. that they
have sixty days in which to file an
appeal. The attorneys who repre-
sented them withdrew from the case
when the permanent order came up
In May, and today's decision virtually
was by default. The temporary in
junction maQ0 permanent toodJ nut
only en3oined the defendants from in
terfering with railroad properties,
but also enjoined them from conspir-
ing to inture or interfere with the
railroad companies in the conduct or
their business. and prohibited them
entreaties; enjoining them from loi-
tering in the vicinity of places of
insress and egress OF the employees
of the railway companies or being
unnecessarily in the vicinity.
Free Speech Right.
Answering the contention OF the
unions that the temporary Injunction
interfered with free speech, Judge
Wiikerson said:
any of the acts Of the defendants as
peaceful The peaceful words Of
pickets, the peaceful exhortations OF
strike leaders take on, by virtue OF
the atmosphere OF lawlessness and
VIOLENCE in which they are spoken, .
selves and. therefore. transcending
right OF free speech
Three Judges Dfsagree.
At least three federal judges are
recorded in opposition to Judge will
kerson'S construction of the law and
the facts according to a statement
issued here today by Donald r. Rich
berg, counsel TOT the railway en-
ployes' department of the American
Federation Of Labor. following the
decision Of Judge Wilkerson this
morning.
"This should make 1t apparent
continues RI. RiohberTs statement,
that in issues of vast Importance
involving the fortunes and happi-
ness of millions Of human beings
the law Is not an Interchangeable prin-
ciple merely applied bw the courts.
but the law Is made by a single Judge,
in accordance with the environments,
heredity and habits which determine
his opinions.
"The defendants withdrew their
attorneys before the final hearing
began because they believed 1t would
be q waste Of time and money to
continue to litigate dead issues and
because the main purposes of the
defense already made has been ac-
complished.
"Despite the positive language Of
Judge Wilkerson, 1t must DO appar-
ent that judges may arrive at op-
posite conclusions who consider the
Issues Of the shopmen's strike from
opposite points Of view.