The Connecticut labor news., 1924-12-06
Appeal to Supr m e
 Court From Ruling of
 Notorious Federal In- junction Judge.
By Staff Correspondent, International
 Labor News Service.

1
 Chicago, Dec. CD. B. Robertson of
 Cleveland, Ohio, president of the
 Brotherhood of Locomotive Bremen
 and Enginemen, through his attorney,
 Donald R. Richberg of Chicago, has
 appealed to the United States Supreme
 Court from a recent decision of Dis
 trict Judge James H. Wilkerson, who
 won notoriety as the result of the dras-
 tic injunction issued by him in the shopmen's strike at the behest of liar i ry M. Daugherty during the Harding
 administration.
 l Ben w. Hooper, chairman of the
 United States Railroad Labor Board, asked Judge Wilkerson to compel Rob ertson to appear before the board and l submit testimony i'll relation to new wage scales which Robertson's organ ization was endeavoring to negotiate on the Western roads. Hooper had previously subpoenaed Robertson and 101 other officers of the Brotherhood of Locomotive Engineers and Broth erhood of Locomotive Bremen and Enginemen to appear before the Rail road Labor Board, but each and all of them declined 10 do so. They sub mitted many and good reasons, how ever, for declining to recognize the authority of Hooper in the matter.
 Says Wilkerson Lacks Authority.
 Attorney Rchberg contends that Judge Wilkerson lacks authority to compel Robertson to come from Cleve. land to Chicago and testify, inasmuch as Wilkerson is a district judge whose jurisdiction is confined to the state of Illinois. If Judge Wilkerson is right in his decision, it is pointed out, then he has authority over other railroad union officers all the way from Maine to California.
 The two brotherhoods further con tend that Hooper exceeded his author ity by attempting to take hand i'll the negotiations, as the transportation act only provides for intervention by the Railroad Labor Board when a strike IS imminent, and no such situation had arisen. They further say that Hooper was merely trying to make some work for his useless board, which lacks auth ority to settle anything, and by making a noise hypnotize the public into the belief that the $400000 year which
 Boards Opinion Held Not Binding.
 We are taking the position, said Richberg to International Labor News Service, that the Rail- opinion which neither side under the law is bound to abide by. We feel that we would rather remain away and save our time and money. If the board wishes to render an opinion, why, let it go ahead and do so. A defendant n civil suit is not compelled to ap- 1 pear Ill court If he doesn't want to- He l ,an let judgment be entered against | 1in and let 1t go at that"
 Labor Board Not Impartial.
 Some other reasons given by the employees for their refusal to appear before the Railroad Labor Board are IS follows:
 "(a) That the labor board as at present constituted Is not an impartial 
 "(b) That it's chairman has repeat ,dly and gratuitously made public at acl<s upon the representatives of the employees and upon the policies of their and has disqualified himself from acting as an arbitrator n controversies between railway em- ,lOyes and carriers;
 "(c) That the cost of submission to : he labor board of controversies over wages and working conditions, such IS now exist between the western car iers and employees in engine service, s very large, running into thousands # dollars; Board Abuses Power, Is Contention.
 "(d) That a decision of the board ,pon such controversies IS not blnd- ng upon the parties and that 1t would ,e imposing an intolerable and unjust fable burden upon the employees to ,e compelled to expend large sums of honey and to utilize the time ot many representatives in presentation ot the merits of their controversies to tr1- ,unal biased in favor of their oppo- rents whose decision of the contro- .ersy would have no legal force and T fleet; and
 "(e) That therefore the present at empted use of alleged powers ot the abor board to compel the employees 0 submit the merits of these contro- ,