Show RAIL ABANDON fiGHT ON INJUNCTION Strike Leaders Claim to Have Have Been Victori Victorious us usI I in Fight So Far as Con Con- Contentions i GOVERNMENT MEN CALL ACT FIASCO PIASCO Action Significant Attorneys Attorneys Attorneys say in Coming 24 Hours Prior to Permanent Perma Perina- I nent Injunction Hearing CHICAGO May 1 my By A A. P P. r.- r. The leaders of the strike of railroad ran rail road today abandoned their case In against the federal Injunction obtained by Attorney Attorney At At- torney General Harry Barry M M. Daugherty I last S September and announced that I their principal contentions In the case had ben upheld Th The announcement by counsel for forthe forthe forthe the defendants coming twenty-four twenty hours ln In advance of ot the hearing on the the- governments government's application for a permanent injunction caused Blackburn E Esterline assistant so solicitor solicitor solicitor so- so general ot of the States to interpret the action of ot the defense de tie- tense fens as amounting tb to a default which he termed a fiasco After announcing pg that all attorneys attorneys ness for the thc defense had withdrawn at the request of the officers of ot the railway department of the American Fed Federation of ot Labor Donald R n. of ot the defense counsel explained that the shop shop- men were satisfied with the situation situation situation situa situa- tion and that the government could find such satisfaction as they could and nd do as the they wished with the case He Ho made mado public a letter ad addressed adI ad- ad dressed to himself and Frank ank L. L of Toledo Ohio and I James Easby Smith of ot Washington the attorneys for tor the defense from I B p. p M. M Jewell e J president of or the rall- rall w aar employ es' es department and the theother theother other leaders explaining their view lew ot of the c tse ie CITES RULING The suit the tho letter declared In Involved involved in- in the right to strike The gOVernment government government gov gov- had c called caled the strike a conspiracy conspiracy conspiracy con con- and its primary purpose was to seek to establish that a a. concerted refusal to accept wages wages' and w working conditions as fixed by lu the railroad labor board was unlawful In In this connection th tho tha leaders referred to the supreme court decision In the case of ot the Pennsylvania railroad against the labor board in which the court held that it was not compulsory to abide by the tha boards board's decision al although although al- al l. l though holding that there was a amoral amoral amoral moral constraint to do soTh so The Th court upholds the contention of the defendants In this preceding saId Bald the letter that the legal rights nights of ot members of railroad railroad rail ran road l labor bor organizations to strike heretofore repeatedly by bythe bythe bythe the courts has not been destroyed by the provisions of the transportation transportation transportation tation act providing for the creation creation creation crea crea- tion of ot the railroad labor board The defendants are therefore as assured assured ns- ns that the district court will vIII not hold in the present case that the strike of July 1 1922 was unlawful unlawful un un- un- un lawful in Its inception or or was a astrike astrike astrike strike against the government The letter continued that aside from the primary charge that the strike was illegal no matter how peace peacefully tully conducted there was a a. charge that acts of lawlessness and violence had accompanied the strike The set forth that In that respect they never ne had opposed OPposed opposed op op- posed an Injunction against lawlessness lawless lawless- ness STRIKE DOES NOT EXIST As to the government bill ot of complaint com corn plaint In support of the application application tion for a permanent Injunction against the activities of ot the defendants defendants defendants defend defend- ants in support of the strike the letter declared This wide nation-wide strike no longer exists |