restraining order was extended from 7:45 p.m. May 29, 1948, to 7:45 p.m., June 11, 1948, and hearing on the preliminary injunction was postponed to 10:00 a.m., June 10, 1948.
24. On May 27, 1948, defendants filed motions to dismiss the complaint, and filed supporting affidavits and a statement of points and authorities. On June 5, 1948, plaintiff submitted its response and opposition to motions to dismiss, its supporting affidavits and its statement of points and authorities.
25. On June 9, 1948, defendants filed their further statement of points and authorities in support of their motions to dismiss and a further affidavit by Arthur J. Glover, President of defendant Switchmen's Union of North America.
26. On June 10, 1948, this matter came on to be heard on plaintiff's motion for a preliminary injunction and on defendants' motions, and the Court having heard argument of counsel, and having considered the briefs, which had been previously filed, and all the pleadings, and being fully advised in the premises, the motions to dismiss were denied, and the preliminary injunction was granted.
27. On July 1, 1948, a hearing on plaintiff's application for a final injunction was held, at which plaintiff and defendants were heard and presented testimony.
Conclusions of law.
1. The United States District Court for the District of Columbia has jurisdiction of the subject matter and of the parties in this cause.
2. This suit was properly brought in the District Court for the District of Columbia as to the defendants, and each of them; venue was properly cast in this district as to all of the defendants.
3. Service of process in this case was proper as to the defendants and each of them.
4. The taking of possession and assumption of control, and operation of the railroads by the United States was valid.
5. An employee-employer relationship between the employees performing services on the seized carriers and the United States exists and has existed at all times since the carriers were seized on May 10, 1948.
6. No statutory enactment prohibits the issuance of an injunction under the facts of this case, including but not limited to the Norris-LaGuardia Act, the Railway Labor Act and the Labor Management Relations Act, 1947.
7. The United States of America since the issuance of the Executive Order on May 10, 1948, has been in possession of and has exercised full and complete authority in the operation of the transportation systems owned or operated by the carriers by railroad of which possession, control and operation has been taken under the terms of the Executive Order.
8. (a) In the event that the threatened strike is permitted to occur, there will necessarily result a work stoppage in virtually the entire railway system of the nation.
(b) Such threatened strike, if permitted to occur, will deprive the country of essential transportation service and will greatly obstruct the flow of interstate commerce and the transmission of the mails of the United States over the affected railway system.
(c) Such threatened strike, if permitted to occur, will deprive the Department of the Army, and the Military Establishment generally of supplies and materials, and mobility of personnel, necessary to the operations of the Military at home and in the occupied countries abroad.
(d) Such threatened strike, if permitted to occur, will prevent the United States from carrying out the various foreign assistance programs through which the United States, under the Economic Cooperation Act and other programs, is carrying on the rehabilitation and recovery of friendly foreign nations.
(e) Such threatened strike on the part of the defendants, as aforesaid, if permitted to occur, will interfere with and obstruct the effective performance and discharge of vital and necessary Governmental functions and will frustrate the powers conferred by the Constitution and by Act of Congress upon the Executive branch of the Government.
(f) Such threatened strike as aforesaid if permitted to occur, will imperil the national health and safety.
9. Unless the threatened strike is enjoined, the United States of America, plaintiff herein, will suffer irreparable injury for which it has no adequate remedy at law.
This matter having come on for hearing on July 1, 1948, on plaintiff's application for a permanent injunction, and the Court having considered the evidence adduced at the hearing, the pleadings and supporting affidavits, the briefs, arguments of counsel, and the entire record herein, and the Court having made findings of fact and conclusions of law, as above set forth, now, therefore, it is by the Court this 2nd day of July, 1948, ordered that the defendants, and each of them, and their officers, agents, servants and employees, and all persons in active concert or participation with them, be and they are hereby enjoined from in any manner encouraging, ordering, engaging in, or taking any part in a strike in the transportation by railroad system of the United States, or from in any manner interfering with or affecting the orderly continuance of work in the said railway system, and from taking any action which would interfere with this Court's jurisdiction in the premises.
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