only make your specific request of the department for authority to appoint deputies or additional deputies to prevent either a direct or immediate indirect violation of the Federal laws in your district. DAUGHERTY. The above night letter was sent to the United States marshals at the following points: Phoenix, Ariz.; Los Angeles, Calif.; Des Moines, Iowa; Topeka, Kans.; Shreveport, La.; New Orleans, La.; Kansas City, Mo.; St. Louis, Mo.; Santa Fe, N. Mex.; Oklahoma City, Okla.; Muskogee, Okla.; Boise, Idaho; Spokane, Wash.; Tokoma, Wash.; Dallas, Tex.; Houston, Tex.; San Antonio, Tex.; Paris, Tex.; Memphis, Tenn.; Nashville, Tenn.; Salt Lake City, Utah; Portland, Oreg. [Telegram.] To all United States marshals: DEPARTMENT OF JUSTICE, Washington, July 19, 1922. Advices reaching the Department of Justice indicate that the public and particularly the strikers as well as special deputy marshals do not understand their duties and powers in inforcing injunctional orders issued by the Federal courts. [Stop] You are therefore instructed to have any and all special deputies sworn wherever possible in open court and request the judge thereof to make such induction into office the occasion of a statement or charge specifying the powers and duties of such marshals and incidentally the duties and obligations of the strikers and their sympathizers to the end that the entire public may know and appreciate the functions of the courts and their officers in preserving order and upholding the law. DAUGHERTY. [Telegram.] BUREAU OF INVESTIGATION, New York, N. Y. DEPARTMENT OF JUSTICE, Department advised that disorders are prevalent in the several districts due to the refusal or inability of State and municipal authorities to enforce law. [Stop.] The Attorney General directs that all special agents cooperate with the United States marshals and State authorities wherever possible in seeing that the commerce and mails of the United States are moved and not obstructed. [Stop.] You will use your sound judgment in assigning agents to such cooperation and keep me advised of any developments which the department should know. [Stop.] If advisable the marshal can deputize any of your agents as special deputies without pay. [Stop.] This should be done in those cases only in which it is advisable to arm your agents or give them the protection enjoyed by deputy marshal. BURNS. [Telegram.] DEPARTMENT OF JUSTICE, To all United States marshals: As rapidly as situation justifies in any part of your district reduce force of deputy United States marshals and report reduction. DAUGHERTY. [Circular No. 1328.] DEPARTMENT OF JUSTICE, Washington, July 27, 1922. To United States marshals (east of Mississippi River): Information from a great many localities throughout the country convinces me that in some instances, because of the improvement in the general situation, the number of deputy United States marshals originally appointed are not now necessary. You are therefore instructed to reduce the force of deputies as rapidly as the situation justifies and report such reduction immediately to this department. Very truly yours, NEW YORK, N. Y., August 16, 1922. Attorney General DAUGHERTY, You are reported by Associated Press dispatch as stating the I. W. W. was behind the present strikes and was even ready to run the Government itself. You have without a doubt been badly misinformed by some of your agents who desire to use the name of the I. W. W to discredit the strikers and becloud the issue which caused the strikes. The only connection the I. W. W. has with the existing strikes is that we have given our moral support, as we consider they are in the right. The Railroad Labor Board, having overlooked over 80 violations of its rulings by the railroad companies, finally ordered the shopmen's wages reduced below a living wage. Such injustices finally drove the shopmen to strike. Regarding your statement that the I. W. W. was even ready to run the Government itself, this can easily be seen to be ridiculous, as any student of sociology knows that the I. W. W. has never attempted or advocated the overthrowing or running of the existing political Government, the I. W. W. being a labor organization that desires to right the injustices done to the workers by our present industrial system. The I. W. W. political prisoners now serving sentences in Leavenworth for violation of the espionage act are there solely on the charge of conspiring to interfere with the prosecution of the war. they been imprisoned on the same charges in any other country engaged in the World War, they would have long ago been released. The actual facts behind the imprisonment of the I. W. W.'s arrested in the war are that they were jailed not for any proven or committed conspiracy to interfere with the war but for exercising their con Had stitutional right to express their opinions on the war. Their continued imprisonment shows only too clearly how lacking the Government is in actual facts of the cases of the political prisoners and of the causes of the present strikes. PIERCE C. WETTER, Representing I. W. W. Political Prisoners.. DEPARTMENT OF JUSTICE, Washington, August 23, 1922. To All United States Attorneys who asked for instructions. SIR: Your several communications were duly received and have been given consideration with a number of other communications on similar subjects. If organized efforts are undertaken by strikers seriously to obstruct or thwart the judicial process, you are authorized to prosecute criminal contempt proceedings on behalf of the Government against the offenders. The United States district judge presiding should first enter a formal order that the prosecution shall be commenced. (Toledo Newspaper Co. et al. v. United Sates, 247 U. S. 402, 413; United States v. Craig, 279 Fed. Rep. 901.) Ordinarily the power and machinery of the Government should not be set in motion unless the case is flagrant and serious. If a striker approaches a nonstriker or a new employee on the street, or at some other place distant from the shop and engages in abusive language or something of that sort, that would seem to be a case for local authorities or for the district judge summarily to handle. On the other hand, if strikers, either singly or in groups, undertake to disturb the peaceful employment of nonstrikers or new employees and the matter is called to the attention of the court by the counsel for the company and the district judge concludes that there is reasonable ground to believe that the injunctive process of the court is being thwarted or obstructed, then, on his direction, you should prosecute and swiftly. The injunction suits are private suits and I do not feel that responsibility primarily rests on the Government to detect violations in the first instance. It would be well in each case to have your evidence fully in hand before you institute the proceedings. You will have enough cases without undertaking any that are doubtful and which require long tedious trials with problematical results. You will readily understand the importance of this, as after a few convictions and sentences you will probably have fewer prosecutions; whereas acquittals will only incite strikers. In the light of these suggestions, you will necessarily have to use your own judgment. I would be obliged if you would regularly report to the department all of the proceedings instituted and convictions secured as rapidly as the information is available. Respectfully, H. M. DAUGHERTY, [Telegram,] To All United States Attorneys: DEPARTMENT OF JUSTICE, Washington, August 29, 1922. In cases where injunctions have been violated you are instructed under direction of the court to promptly and vigorously prosecute the violators and urge the court to make sentences sufficiently severe to prevent repetition of such violations and as deterrent to others. [Stop.] Transportation and the mails must not longer be interfered with and the laws must be impressively enforced. [Stop.] Report all such proceedings to me. DAUGHERTY. You are instructed to reduce your force of deputies as rapidly as possible, retaining most efficient men necessary for you to the last, and advise as reductions are made. [Stop.] No action should be taken inconsistent with requirements of situation or which will allow mail or interstate commerce to be interfered with, but no deputy should be retained after his services can be dispensed with. DAUGHERTY. DEPARTMENT OF JUSTICE, Washington, September 23, 1922. To All United States Attorneys: Furnish me as soon as possible list of contempt proceedings your district for violations strike injunctions, giving result of trial, names of those convicted, and sentence imposed. [Stop.] As means identification refer to this wire in your reply. NOTE.-Replies not included in report, as too voluminous. DAUGHERTY. [Telegram.] DEPARTMENT OF JUSTICE, Washington, October 6, 1922. To All United States Marshals: Discharge immediately all special deputy marshals appointed in connection with railroad strike. [Stop.] If for any reason it is 75511-24- -2 inadvisable to comply these instructions advise department immediately giving reasons therefor in detail. DAUGHERTY. HARRISON, ARK., October 9, 1922. ATTORNEY GENERAL, Washington, D. C. Have discharged all deputies but three at Van Buren, two Fort Smith and two El Dorado. In consultation with United States attorney and attorneys for railroads it is deemed very inadvisable to discharge deputies that have been retained. Feeling at Van Buren intense, nineteen men including Chief Police Van Buren cited for contempt and hearings will be October twenty-fifth. Am mailing letters from Missouri Pacific and Frisco Railroads. Feeling high at El Dorado, deputy marshal and guard assaulted October third, for second time. RUSSELL, Marshal. SAN FRANCISCO, CALIF. ATTORNEY GENERAL, Washington, D. C. In conformity your wire sixth commissions all special deputy marshals revoked this day, excepting one to be stationed at Richmond Santa Fe shops on account threatening attitude strikers who have slight chance reemployment and apathy local authorities. The ATTORNEY GENERAL, Washington, D. C. HOLOHAN, Marshal. PENSACOLA, FLA., October 7, 1922. Railroad officials here say it means open warfare to reduce force of special deputies as they have not signed any agreement. Union officials from national headquarters here making speeches. Request authority to retain force of twelve men. Situation quiet now but the men are saying as soon as the marshals are removed they are going into the shops. PETER H. MILLER, U. S. Marshal. ATLANTA, GA., October 7, 1922. The ATTORNEY GENERAL, Washington, D. C. Wire received. Have discharged special deputies as fast as conditions would permit. Four off at Columbus to-day. Trolley line extends between Southern yards W. and A. yards near Atlanta. Employees at both yards board und leave trolley at same stations. Southern employees hostile toward employees W. and A. Same condition exists between Georgia and Southern employees. Think advisable to retain enough to protect these stations. WALTER AKERMAN, U. S. Marhsal. SPRINGFIELD, ILL. The ATTORNEY GENERAL, Washington, D. C. Your wire sixth will discharge all special deputies as per your order except at Bloomington and Silvis. Shopmen at those places are still on sustained strike. Bloomington shopmen are given until seven Saturday night to accept proposal submitted by Chicago and Alton rail officials. Rock Island Railroad situation at Silvis far from adjustment and fraught with uncertainty and danger. Regard it as inadvisable to discharge deputies this week at Bloomngton and Silvis, MCCLURE, Marshal. |