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Show HAIL SIGNALMEN TO SEEK HIGHER IGESCHEDULE : Virtual Return to Wartime Working ' Conditions in Application Union Files With R. R. Labor Board ALSO SEEK EIGHT . HOUR WORKING DAY i Organization. Alon g With - Maintenance- Men, Refrained Re-frained From Joining in ' Great Strike of Shopmen CHICAGO. Sept. II (Br A. P.) Increases In-creases In pay affecting; membera of tha railroad signalmen's organization of forty-two ratlroada and aubsldlarlea will ba sought bafora tha United States railroad labor board Monday by D. W. Halt, praaidant of tha union. Tha tinlon la asking for a virtual rat urn to wartlma wages and working condition. condi-tion. At present tha average rata of pay for tha different classes ranges between t.,0 and tt.lt a day. Tha wartlma rata of nay aa announced In declalon Ko. I, effective aa of July 10, l:o but later reduced ranged between 17. Ot euid 4 7J. In addltloa to a plea for higher Wages, which It la underatood will be ' baaed on tha promlaa that wagea In ther Induatrlea ara climbing, tha anion will urea tha return of the eight-hour eight-hour day baala with time and one-half tor overtime. I'nder tha board'a la teat dedal on tha men do not receive overtime over-time until after tha ninth hour. Tha algnalmen'a organization, along with tha maintenance of way employee, em-ployee, headed by E. F Ore hie. declined to Join the federated ahnp rrafta In tha walkout of July I, although tha personnel per-sonnel of tha two organlaattono bad auctioned a etrtke on tha board'a (Social (So-cial on decraaalng wagea. Walter L. McMsnlmsn. labor member of 'the loaxd. waa Inatru mental In preventing ' av atrlke of tha two unlona. e D. & R. G. Refutes" To Give Seniority DENVER. Colo, Sept. II (By V. P.) Offlclala of tha Denver A Rio Grande Western railway here today atood pat S, on their refusal to take back etrlklng .shopmen on any basis other than that of new employes. At a conference held yeaterdsy between be-tween officials and union representatives representa-tives the latter stated that the men would return to work In a body within thirty days if full seniority rights were granted. Daugherty Calls Injunction Victory CHICAOO. Sept. tt (By A. P.) Dla-trlct Dla-trlct Judge Wilkerson'o opinion granting grant-ing a temporary Injunction against the railway ghopcrafts today was declared a "clear-cut victory for the government." govern-ment." by Attorney Oenerai Harry M. Daugherty. The attorney aa-eneral at his home In Columbus, Ohio, by telephone tele-phone authorized tba follow lag statement: state-ment: "Ths decision wss a complete and clear-cut victory for the government. It settles the law with reapect to strikes which affect the transportation of passengers and property In Interstate Inter-state commerce and tha carriage of the United States malL Tha government govern-ment will sea to It thst any degree entered en-tered In pursuance of ths decision shall be adhered to. It will also aee to It that as quickly as possible ths railway - companlea shall comply with tha acta to regulate commerce and any decisions de-cisions or orders of ths Interstate commerce com-merce commission with respect to service ser-vice or equipment, aa well as all derisions de-risions of the railway labor board relating rel-ating to wagea or working conditions. It Is unnecessary to say anything further fur-ther at tbla time." Tha attorney general's statement waa made public by Blackburn Easter-line, Easter-line, assistant solicitor, general. Wllkeraon aald In part: HAVE NOT AN8WERED. "None of the defendants In thla case have anawered the bill. Two have ' filed motions to dismiss and have - presented affidavits which leave a large number of averments of the Mil unchallenged on the record. The fact that the defendants have been acting In combination la not denied. On ll?a contrary, the defendants themselves them-selves have produced evidence of the closest association and cooperation on the part of the defendant organisations. organ-isations. Tha .the officers of the unions gave directions concerning the strike from the outset Is likewise admitted. ad-mitted. The only material question really In dispute on the record Is the responsibility In law of ths defendants defend-ants for the large number of unlawful unlaw-ful acts shown to have been committed, com-mitted, the most of them by-unknown part lea "Notwithstanding ths warnings against acts of violence sent out In the Instructions of June 27. 1922. , there began, throughout the country, a series of depredations which rapidly developed In some portiona nV vert tab. reign of terror. Railroad bridges were dynamited, spikes removed re-moved from rails, obstructions wera placed upon railway tracks, bombs were exploded on tracks and In rail-; road yards and hurled at moving traina Notwithstanding the admonl- tlons t)f the leaders of ths combination to use peaceful means, only ths real situation st mast of ths places where ths strike was in progress was) that . iContlnued oa page I J , A RAIL SIGNALMEN Continued from pan 1.) employee ware Inaulted, assaulted and otherwise Intimidated. Tha word of the 'peaceful' picket spoken In the vicinity of tha ehop waa emphasised In the darkness of nrnt by tbs club and pistol ot tha "unknown party.' Regardless of the Inelruotlona that no Injury must be Inflicted upon property, there waa sabotage on a large scale. Knginea, oars and equipment equip-ment wera tampered with and Innumerable In-numerable acta of malicious mischief committed which endangered the Uvea of both passengers and thoaa operating operat-ing tha trains. UNLAWFUL ACTS SHOWN. "These unlawful acta are ahown to have been on auch a large seal and In point of time and viae so con. nected with the admitted conduct of the strike that It la impossible on tha record here to view them In any other light, than aa dona In further-anoa further-anoa of a common purpuso and aa part of a common plan. Thla record doea not permit the conclusion that those who are at the head of thla combination did nut actually know that these things are being dona, and that they were the direct result of the mcthoda by which the strike waa being conducted. And, If they did not actually know, they were charged with auch knowledge. "What la legal knowledge ot a fact? It seems to have been assumed by tha defendants thai no one ia chargeable charge-able with mora knowledge than he chooeea to have, that he la permitted to close his eyes when he pleases, upon all sources of information, and then excuse hla Ignorance by saying that he did not sea anything. In erlaaiaal 'Weil aa alvU-alYaira avery man ia presumed to know everything that he can learn upon Inquiry when he has farts in his possession which suggests the Inquiry. . 'Vet the knowledge of this Intoler-sble Intoler-sble situation.-nationwide In Its scope, the leaders of thla combination repeatedly re-peatedly sent out to the members of their organisations bulletins and com-munlratlona com-munlratlona urging tha men to greater activity. BRAND OF CAIN. -On August 21. 2S. with the record rec-ord of slmost two months of oontln-unua oontln-unua disorder snd violence before them, the leaders of these, organlta-tlona organlta-tlona sent out to their members the following: " 'If there be any among us who regrets tha step they have taken, let them turn back now, so that the brand of t'aln can be on thent for all time, because thla haa ceased to be a pink tea or a vacation, but a real he-man atrika from now on, and If you cannot measure up to that standard, stand-ard, this Is no place for you. " However, keep in mind our policy that the laws of tha land must be obeyed, but there Is so much that can be done that haa not been done without with-out violating the lawa that you are now asked to get on the Job and do your damnedest, then a little bit more. If tha miners could fight five montha. then aurely our people can. too. They won by sticking. We can do likewise, and if you are not In thla game to do your full duty, then step aside and let a man take your place. These may be harsh words, but this Is war. Industrial war, and no place for kid gloves or soft talk. - Now. boys, let's go from hers. No surrender "These defendants will not he permitted per-mitted upon tha record here to deny responsibility for these unlawful acts. Ther will not be permitted to continue acts, which, even though they may ba neaceabls and lawful in themselves. It haa been demonetrated are only part of a program of unlawful conduct con-duct and are done for the accomplishment accom-plishment of an unlawful purpose. ' IDLE CEREMONY. ' Tha record In (hla case shows that the so-raJled peaceable and lawful acts are so interwoven with tha plan of intimidation and obetructlon that to go through the formalHy of en-Joining en-Joining the commission of assaults and other acts of violence and leave tha defendant free to pursue the open and ostensibly peaceful part Dn their program would be an Idle ceremony. cere-mony. "Iefendanta assert, aa a ground agafnat the granting of the relief sought by the complainant, thst the strlks was a defensive measure sgainst a plot of the railway companies com-panies to destroy the unions. The argument seems to be that the de-frndunts de-frndunts are justified In Inflicting upon the public any Injury which it ma y be proper for them to Inflict upon their adversaries in thla conflict. con-flict. ' "It must be remembered, however, that thla la a suit brought for the benefit of the public. Restraint of trade may not be adopted as a weapon weap-on In Induatrlal warfare. The court must act upon the case now before It can give its aid to the removsl of the obstructions to commerce which are found to exist. i "It has been sus Tested by the defendant de-fendant thst aa the atrfke haa been aet:led on soma of tha railroada there I is no need for the Injunction, or at least for one of the breadth aought by tha government. The right to relief re-lief la to be determined by the atatus existing at the time of the filing of tha bill. Rights do not ebb and flow. If they are Invaded a recourse to courts of justice Is rendered neces-j neces-j sary and It la not defense to the In-! In-! vaston of right that since the institution insti-tution of tha suit, the Invasion has ceased. |