The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-12
Court VIII Not Pass on Modifi.
cation Plea Now.
Hearing on Motion of Defense
Has Been Deferred.
EXTEND INJUNCTION 10 DAYS
No Suggestion From Daugherty
for Modification Plan.
Court Admits Statement of
Charges Made by Government.

Chicago, Sept. 12.-Judge James II.
Wilkerson today deferred hearing on
the motion of attorneys for the rail
strike leaders for modification of the
temporary restraining order pending
completion of the governments efforts
to show that the dominant purpose of
the alleged conspiracy is the destruc-
ton of interstate commerce.
Citing supreme court decision in the
Coronado coal case, retail lumber deal
ers' case and the Patton cotton corner
prosecution, Judge Wilkerson said the
question raised by the government al
legation was a vital one and should be
settled before the request for modifi-
cation of the present order can be
acted on
Extension Is Granted.
Chicago, Sept. 12.-With the govern
ment's temporary injunction against
railway shopmen extended for an
other ten-day period beginning today,
hearing on Attorney General Daugh-
erty's application for a permanent re-
straining order continued before Judge
Wilkerson today with a vigorous ef-
fort on the part of counsel for the
strikers to obtain modification of the
edict. In extending the Injunction
Judge Wilkerson did not attempt to
pass on any merits of the contentious
of either government or defense at
torneys beyond temporarily denying
the defense motion to dismiss the pro-
ceedings.
AS the second day of the hearing
began, Attorney General Daugherty
had made no suggestion or recon-
mendation for modification of the bill
Mr.. Daugherty took no active part in
the proceedings during the prelimin-
ary stage, but sat at the government
table. surrounded by his aides, the
heaviest battery of counsel the govern
ment has ever thrown into a court
action of this kind.
With the temporary order extended
after he lost his motion to dismiss the
entire proceedings. Donald Richburg.
attorney for B. M. Jewell, head of the
| railway employees department of the
| American Federation of Labor. and
{ John Scott, secretary of the organiza-
tion, served notice that his next move
would be for prompt modification of
the injunction.
Governments Evidence Disclosed.
| Altho the early part of the hearing
was given over to Mr.. Richburg for
his attack on the attorney general and
the injunction the government got in
with some of it's sensational charges
of murder. sabotage, terrorism and
other forms of lawlessness. A state
ment by, the attorney generals staff
disclosed the nature of the govern
ment's testimony and evidence.
"Since the commencement Of the
present railroad strike acts of depre-
dation have been committed in prac-
tically ever state and judicial district
| in the U. s." the statement said. ''The
efforts of the perpetrators are con-
centrated upon two ends-destruction
and intimidation. The means to at
tain these ends are almost indescrib-
able. In fact one must believe that
anything suggested to the imagination
of the vandals or their conspirators
was Immediately put into effect"
The statement enumerated reports
of rs murders and other fatalities at
tributed to strike causes. 1t also
pointed out sthe suffering and incon-
venience of passengers stranded in the
deserts of California and Arizona.
when train crews quit and declared
that $500 deputy United States mar
shals had been assigned to the protec-
! tion of interstate commerce and the
mails.
/ Drop $50 Trains.
Mail trains discontinued as a result
of strike conditions were set down as
| approximately $50.
'Dynamiting, bombing. setting fire
few of the most dangerous means
adopted against the railroad COM
panies,' the statement continued.
| Commenting upon the impeachment
resolution against him Offered by
Representative Keller, Mimi, Attor-
/ ney General Daugherty said Mr.. Keller
has a grievance based on the fact
that he could not control the depart
J ment of Justice in a case he was per-
| sona1Iy interested in