The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-02-22
NORRIS SCORES
BALTzELL FOR
STRIKE RULING
Says Judge Barred Street
Car Men From Acting
Within Legal Rights.
BY ROSCOE B. FLEMING
BY Times STAFF Correspondent


WASHINGTON, Feb. 22-"Judge
Baltzell should not have issued the
injunction he issued in the Indian
apolis street car case" Senator
Norris of Nebraska, chairman of the
Senate judiciary Committee. assert
ed today after hearing w. H. Latta,
an attorney for the Indianapolis
Street Railway Company. outline
the case from the company's
standpoint.
HE enjoined international off,
Gals of the Association of Street
and Electric Railway employees
from advising men of the Indian
apolis union to do what they had
a perfect legal right to do" Norris
continued.
Albert Ward. Federal district at
torney, was present to defend him
self and Judge Baltzell from the
charges Of violation of the Clayton
act. and "subterfuge" to violate
that act, made against them Tues
day by former Governor A. J.
Groesbeck of Michigan.
Attacked by GrOesbeck
A subcommittee is holding hear
ings on the ShipStead bill to pre-
vent anti-labor injunctions. Groes-
beck Tuesday said that the injunc-
ton and the ninety-day jail SEN
tence imposed by Baltzell on j. NJ.
Parker and R. B. Armstrong, off,
GERS of the Amalgamated ASsoci-
alton Of Street and Electric Rail-
way Employees, were an abuse Of
justice.
Ward said his contempt affidavit
was impelled by the violence &C.
curing during the strike of July,
and that he knew nothing of the
issuance of the original injunction
Senator Walsh, of Montana de-
clared it a very remarkable thing"
that Ward should have prosecuted
the contempt proceedings. He said
he should have thought that the
duty of the street car company at
torneyS.
'Dynamiting and violence were
my concern" retorted Ward. PRO
lection Of the public was my duty
or so I constructed it.
But this proceeding had nothing
to do with violence. 1t was simply
to prevent a strike, returned Walsh.
"They were all bound up together"
Ward answered.
He said he frankly admitted"
that testimony against Parker and
Armstrong was given by their aids,
Young and johnson. secretly work
ing for the company.
Questioned by Norris
AN attorney advising these men
that the contract was not legal. or a
father of a street car employe ad-
vising him to strike. would have
been liable to jail under the injunc-
ton, would he not?" asked Senator
Norris Of Nebraska, chairman of the
subcommittee.
THE injunction was not limited
by such relationships" answered
Latta.
AohCo w NOlllS IL Vic ulJuIlCCIOIl
were not a violation in itself of the
Clayton Act, which guarantees the
right to strike, Latta said it had
been upheld by the Federal Circuit
Court of Appeals, on appeal from
the contempt Jail sentences.
Latta admitted that three men
were Subsidized" by the company to
act as spies among the strikers,
and that one Of them became head
of the union.
Latta criticised Groesbeck's testi-
mony Tuesday.
1.-THE theory Of this case was that
a written contract existed between
the company and It's employees, and
that persons not connected with
that contract were interfering to
secure a breach of it," Latta said.
The contract signed by over 1000
men made 1.-The Public Service Com
mission of Indiana" a board of ar
bitration for all differences and the
men agree not to strike.