New-York tribune., 1922-09-12
u. S. Granted
Extension of
Rail Inj junction.
Continued from cage ons,

Wilkerson admitted certificate from
Postmaster General Hubert Work
showing that 953 mail trains, operat-
ing over track aggregating 82,e12 miles,
have been withdrawn because of the
strike and that delivery of the mails
has been seriously hampered. Like
wise, he admitted for the time being a
report from the Director of Agricul-
ture of California showing the falling
off in fruit shipments during the month
Of July because of the railroad tie-up,
the need of ears to move the crops and
a petition of California fruit growers
to the Interstate Commerce Commls-
sion setting forth their need for cars.
Attorney General Daugherty, who OBJ"
tanned the original order and is in
charge of the governments fight for
an injunction to replace it, was sur
rounded by one of the heaviest bat
teries of legal talent the government
has ever assembled in Chicago court.
Besides Mr.. Esterline he is supported
by j. w. II. Grim, Assistant Attorney
| General; James A. Fowler, Oliver E.
Pagan, government indictment, expert,
and A. A. Mclaughlin, all three special
assistants to the Attorney General,
| Charles H. Clyne, District Attorney,
and G. j Mcclure, attorney. Mr.. Nc
Laughlin also represents the railroad
administration.
Engineers Attorneys Spectators
Mr.. Richberg, local attorney for Mr..
Jewell and Mr.. Scott, was assisted by
Frank L. Mulholland, of Toledo. Two
attorneys for the Brotherhood of Lc-
comotive Engineers, Tom Stevenson
and Oscar Horne, of Cleveland, sat at
the defense table, but only as look
ers-on-
Elaborate precautions were taken to
guard against any untoward incident.
Special guards of Department of JUS
tice agents have been detailed to pro-
tect the Attorney General and Judge
Wilkerson.
Mr. Richberg in a three-hour argu-
ment attacked the governments bill,
declared the acts involved in the cali
ing and prosecution of the strike were
entirely lawful, that the injunction
was one the court had no power to
grant because it is unconstitutional
and violates the Clayton act, and de-
clared that if the bill is stripped of
it's conspiracy charges all that Is left
is bill to enjoin criminal acts by un-
known persons who may or may not be
members of the unions.
The bill is based on an assumption
that the defendants are under legal
duty to obey the decisions of the
United States Railroad Labor Board,
he said, and he cited decisions and the
law creating the board, as well as state
ments of the laws authors Repre-
sentative Esch and Senator Cummins--
in support of his assertion that no
such legal duty exists.
The Attorney General, Mr.. Richberg
Il al HAS ;n,hS fn Ia
of the government to prevent labor
from doing any lawful thing to fight
the "open-shop" movement. He cited
the decision of the Federal Circuit
Court of Appeals here in modifying
the provisions of the injunction
against the coal miners, issued few
months ago by Judge A. B. Anderson,
at Indianapolis. From that decision
he read the Appellate Courts declara-
tion that either employers or union
men have the right of free access and
appeal to unemployed men to win eni-
ployees on the one hand, or union ad-
herents on the other; and that employ
ers have the right to appeal to union
men to become non-union. while the
unions have an equal right to urge
unorganized workers to join their
cause.
The governments bill, defense eoun-
sci contended, seeks to invoke jurisdic-
tion which has been denied by the Fed
eral courts, and seeks to evade the
Clayton act by asserting that the pur-
poses of the alleged conspiracy to in.
terfere with interstate traffic are ille-
gitimate and unlawful
The government itself, he said, comes
into court as an employer within the
meaning of the Clayton law, because
the Federal courts are operating rail,
roads under receiyerships.
II conspiracy actually exists. he
continued, the government should seek
relief through the proper channels in
the criminal courts, and he denied the
right of government by injunction to
deprive the defendants of the constitu-
tional safeguards they would have
under such criminal proceedings.
The governments exhibit on the
crimes which il charges are due to the
strike, and which covers twenty-six
printed pages, indicates the nation
wide scope of the outbreaks ON which
the petition for an injunction is based.
Of murders alone It listed during
July and August, in Alabama, one;
Arkansas, enc; Georgia, one; Illinois.
three, Kentucky, one; Missouri, one;
Ohio, five; Tennessee, Ave; Texas, two,
and Virginia, two.
A special section was devoted to
the California-Arizuna desert situa-
ton, and the nlarooning OF many
trains, with hundreds of passengers.
Mf. Easterline declined TO estimate
how long 1t will take TO complete the
presentation of the governments case
but indications are that the hearing
txYft t..-x ~ = Z