The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-09-11
fRy Assoclated Pressl

CHICAGO, Sept 11.-Arguments on
the governments motion to make per
manent the temporary Injunction
against the rail strikers opened at
10:35 o'clock this morning before Fed
eral Judge James H Wilkerson.
Blackburn Esterlin.. assistant to the
solicitor general, opened for the gov
eminent with the formal rendering of
the list of the sentence On whom per
sonal service had been obtained
Donald Richberg. attorney for B. M.
| Jewell, president, and John Scott, Sec
retary-treasurer of the railway en-
ployes' department, American Fedora
ton of Labor, called attention to the
motion he filed asking dismissal of
the Injunction so far as that relates
to his clients and said it should take
precedent over the government mo-
ton.
Mr.. Esterline objected after Mr..
Richberg had stated his plea and NOV
ed the court proceed to consider the
governments position.
Judge Wilkerson ruled there was a
distinction between motion to dis
miss the bill and motion to set aside
the temporary restraining order and
said that he would hear the strikers
attorney, on the former question.
To get around the provisions of the
Clayton act Mr.. Richberg said the gov
ernment bill seeks to maintain that
the purposes of the alleged conspiracy
to interfere with traffic illegitimate
and unlawful, but this he maintained
Is not true. The bill he claims, in
vokes jurisdiction which has been de-
MED federal court
/ Sees Inconsistency.
cf 10 Taf1t r1v,lr g.
set of cases and not to another, Mr..
Richberg said, unless the attorney
general is going to stand up in court
and claim that an act of congress.
which he is sworn to defend is un-
constitutional The government comes
into cbirt as an employer within the
meaning OF the Clayton act, he argued,
because the government through the
court is operating railroads under fed
eral receivership proceedings, and is
employing large numbers of railroad
men.
Il Attorney General Daugherty grinned
broadly when shown copy of an AS
socfated Press bulletin from Washing
ton telling of the moves of Represen-
tative Keller, of Minnesota. to i'm
peacn hlm. but offered no comment.
Points Out Wording
TALLY and by direction, aver that the
defendants have combined to use un-
lawful means, the attorney said The
government petition read, he said. s.in
pursuance of such unlawful combina-
tions," whereas the defense contends
the combination described is entirely
lawful. If the bill is changed to
read as the strikers contend, it should
read lawful combination" then. M
Reisburg said, there is no conspiracy
charge left and the defendants are
only charged as individuals with GER
tain unlawful acts
When court recessed at 1870
o'clock until 2 p. N. Mr. Reisberg said
he could complete his argument in an
other hour.
Avoid Discussion
AS opposing legal forces drew up
for what was admittedly one of the
most far-reaching and important ac-
tions of its kind ever attempted, both
sides avoided much discussion of the
: days possibilities.
! While preparations for the injunc-
: tion proceedings were under way in
: the federal building, the shop crafts
: policy committee of go was here to
!, meet with Bert NJ. Jewell, head of the
American Federation of Labor and
leader of the strike.
Two carloads of evidence-tools of
!, destruction, thousands of kilograms,
!, letters, photographs, blue prints, books
and transcripts OF statements of some
1900 individuals, which the attorney
= general and his aides hadAwere close
: ly guarded bX federal agents Secret
service operatives protected Daugher-
I ty and Judge Wilkerson
: Evidence Assembled
The evidence was gathered, federal
agents said, from all parts of the coun-
try by government operatives during
: the last two months. and assembled in
i a building near Judge Wilkerson's
!, court.
: In connection with charges that
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