The Railway Strike Injunction

Authors

Abstract

The bill in this case was filed by the United States of America against various labor organizations, and officers of such organizations, concerned in the strike of railway shopmen. It alleged (in brief) a conspiracy on the part of defendants to compel the railroads to disregard the wage decision of the Labor Board, by obstructing the transportation of passengers and property in interstate commerce and the carriage of the mails. A temporary restraining order was issued on September 1, and a temporary injunction on September 25. None of the defendants answered the bill, but two of them appeared, moving to dismiss the bill and opposing the motion for injunction. It appears that the defendants' affidavits left substantially uncontroverted all the allegations of the bill (supported, of course, by affidavits) save those connecting defendants with the numerous acts of violence which accompanied the strike. The last mentioned issue of fact was found against defendants, but this, though of political significance, is not important from the legal point of view, since those clauses of the injunction which are directed against acts of violence have not been seriously questioned. The court found the conspiracy and accordingly restrained defendants from (a) "interfering with, hindering or obstructing said railway companies * * * in the operation of their railroads," etc.; (d) "inducing or attempting to induce, with intent to further said conspiracy, by the use of threats * * * entreaties, argument, persuasion, reward or otherwise, any person or persons to abandon the employment of said railway companies, or to refrain from entering such employment"; (e) peaceful picketing; (i) "with intent to further said conspiracy by letters, printed or other circulars, telegrams, telephones, word of mouth, oral persuasion or communication, or through interviews published in newspapers, or other similar acts, encouraging, directing or commanding any person * * * to abandon the employment of said railway companies or to refrain from entering the service," etc.; (2, b) "using, or causing to be used, or consenting to the use of any of the funds or moneys of said labor organizations in aid of or to promote or encourage the doing of any of the matters or things herein· before restrained."

Recommended Citation

The Railway Strike Injunction, 21 Mich. L. Rev. 90 (1922).
Available at: https://repository.law.umich.edu/mlr/vol21/iss1/9