Perth Amboy evening news., 1922-09-11
HEAR strikers
AND RAILROADS
Injunction Suit Started at Chi
cago With Great Array of
Legal Talent
SEE NATIONWIDE PLOT
Labor Also Acts on Situation
at Convention Held at At
Iantic City

CHICAGO, Sept. 1.-THE charge
made by Attorney General Daugn-
ertv of a nationwide conspiracy to
C.:pple the transportation machinery
of the country by a campaign of
terrorism will be supported by two
carloads of evidence at the hearing
here today before Federal Judge
Wilkerson on the governments plea
that the injunction against striking
railway shopmen be made perma-
nent, government officials said to-
day.
The existence of such plot was
charged directly by the attorney
general when he obtained, Sept. 1,
the temporary injunction. Union
leaders have not only denied the ex.
istence of conspiracy, but have de.
mohstrated the vacation of the order
against them and have taken the
ground that the government has
failed to make out a case, that the
injunction is in violation of the Clay
ton act and that it was obtained
through Misrepresentation for "ul-
terror and unlawful motives.
Blackburn Esterline, assistant tc
the solicitor general, opened for the
government with the formal rending
of the list of defendants on wIr.n a.
personal service had been obtained.
Donald r. Richberg, attorney for
b. M. Jewell, president, and John
Scott, secretary-treasurer of the rail-
way employees department of the
American Federation of Labor, call
Saturday, asking dismissal of the in
junction, SO far as it relates to his
client and said it should take prece-
dent over the governments motion.
Mr.. Esterline objected after Mr..
Richberg had stated his case and
moved the court proceed to consider
the governments petition.
Judge Wilkerson, ruled there was
a friction between motion to dis
miss the bill and a motion to set
aside the temporary restraining or
der, and said he would hear the
strikers attorney on the former
question.
Mr.. Richberg declared in his open
ing statement that the acts involved
i'll the calling and conducting of the
strike were entirely lawful. The re-
straining order he said, was one the
court had power to issue because
he maintained it is unconstitutional
and violates the Clayton act. If the
bill is cleared of conspiracy, he al
legged, all that Is left is bill to en-
join criminal acts by unknown per-
sons who may or may not be mem
bers of the strikers organizations.
The bill, Mr.. Richberg said, Is bas-
ed on an assertion that the defend-
ants are under legal duty to obey
the decisions of the United states
Railroad Labor Board.
There is nothing in the transport
tation act creating the labor board,
providing any method of enforce
ment of its decisions except by pub
lie opinion, he said. Even II the
boards decision were legally bind
ing they could not be lawfully en-
forced to prevent the workers from
Withdrawing from service.
He quoted Congressman Esch, one
of the authors of the act, that there
is nothing of an abstract nature in
the law" and also read similar state
ments by Senator Cummins whose
name the law also bears. From the
message of President Harding to
congress on the present rail strike,
the attorney read sections in which
the President brought out the same
absence of mandatory provision.
ATLANTIC CITY, Sept. 1.-THE
shopcrafts strike and demands for
a general strike of all organizations
of the American Federation of La
Dor as result of tn injunction OBJ
tanned by Attorney General Daugh-
erty against the striking railroad
shopmen were on the program for
consideration when the executive
council of the federation resumed
its conference today.
Many members of the council a.
though denouncing the injunction as
, ",IOw m the railCraftS and threat
to all organized labor" expressed
their opposition to a general strike.
One member predicted that one of
The first facts of the council would
be to give formal assurance that tbs
cOntemplates no such.ac-
ion.
The federation will be asked to
'epew it's pledge to support the shop
crafts strike and to provide for the
assessment of all organizations III
the warchest of the
-i1rnod