The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-09-11
W0CARL0ADS
OF EVIDENCE
IN WRIT CASE
Attorney General Daugherty
Prepares to Defend Request
For Permanent Injunction
OFFICIALS ARE GUARDED
Unions Deny Any Official
Connection with Various
Charges of Sabotage
(By the Associated Press)
DENIES LABOR'Sf MOTION

(bV the Associated PreSs)
DENIES LABOR'S' MOTION
Chicago, Sept. 1l.-Federal
Judge James II. Wilkerson today
denied the motion Of Attorneys
for the rail strike leaders, that
the governments bill for a tenn
porary injunction be dismiss
ed.
II am not prepared to decide
at this time that the bill fails
to set up any grounds for relief"
the court said.
Judge Wilkerson ordered the
government to proceed with its
argument for an injunction to
take the place of restraining Or
der granted ten days ago, which
expires today.
Chicago, Sept. Unsupported by
one Of the most formidable legal bat
tcries the government has ever
thrown into one court action, Attor-
ney General Harry NJ. Daugherty set
his forces in motion today towards
obtaining permanent injunction in
the railroad strike.
Reinforced by great mass of evil
dence on, an alleged gigantic plot
Of sabotage and terrorism, the at
torney general presented his petition
to Federal Judge James H. Wilker-
son, who granted the temporary re-
straining order September l..
Arguments in the governments
motion to make permanent the tenn
porary injunction against the rail
strikers opened at 1926 o'clock this
morning before Federal Judge James
H. Wilkerson.
Blackburn Esterline, assistant to
the solicitor general, opened for the
government with the formal reading
of the list of defendants on whom
personal service had been obtained.
Donald R. Richberg, attorney for
B. N. Jewell, president, and John
Scott secretary-treasurer of the rail-
way employees department of the
American Federation of Labor, call
ed attention to the motion he filed
Saturday asking dismissal of the in
junction so far as it relates to his
clients.
Z Mr.. Esterline objected. after Mr..
Richberg had stated his plea and
moved the court proceed to consider
the governments petition.
Judge Wilkerson ruled there was
no distinction between a motion to
dismiss the bill and a motion to set
aside the temporary restraining or
der and said he would hear the stri-
kers' attorney on the former ques-
tion.
Arrayed against the governments
lawyers and denying their charges
of a widespread conspiracy of van
dalism to cripple the nations trans
portation machinery, was Donald R.
Richberg, attorney for the striking
shop crafts, against whose leaders
and members the governments action
was dedicated. Both sides avoided
much discussion of the days possi-
bilities. The shop crafts policy COM
mittee of 9O'was here today to meet
with Bert NJ. Jewell, head Of the rail-
way employees department of the
American Federation of Labor, anc
leader of the shopmen's strike.
Carloads Of Evidence
Two carloads of evidence-tools of
destruction, thousands of kilograms.
letters, photographs, blueprints,
books and transcripts of statements
of some 10000 individuals-which
the attorney general and his aides
had, were closely guarded by Fed
eral Agents. Secret service opera
tives protected Mr.. Daugherty and
Judge Wilkerson.
The evidence was gathered, Fed
eral Agents said, from all parts OF
the country by government opera
tives during the past two months, and
assembled in a building near Judge
Wilkerson's court.
In connection with charges that
there was widespread conspiracy
for violence during the strike, gov
ernment men. mentioned 25 murders,
the tampering with 10000 railroad
the damaging of many locomotives.
cars, the burning of IA bridges and
3" Deny Allegations
Denying the existence Of such a
conspiracy of the railway unions and
demanding that Judge Wilkerson va
cate the injunction, Attorney Rich :
berg built up his defense on the
ground the government had failed to
make a case, that the injunction is
in violation Of the Clayton Act and
that it was obtained through misre-
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