The Birmingham age-herald., 1922-09-14
GOVERNMENT WILL PROSECUTE CASE
 AGAINST STRIKERS
Reports of Peace Agreement Will Not Alter Daugherty's Course in Injunction Suit,
 Officials Say
By Associated Press


 Chicago, September 13.-Unde- tered by reports of peace agree ment between the striking shop crafts and several of the railroads, the gov ernment today continued to introduce evidence from all parts of the coun- try, charging violence and intimida- ton by strikers, on the strength of which it is seeking an injunction against them.
 Digging into the 10000 or more affidavits of unlawful acts charged to the striking shop workers and their sympathizers. Attorney General Daugherty's assistants worked to prove their claim that the violence is so widespread as to show a con- certed effort to interrupt and destroy interstate traffic.
 Through this blanket indictment of 100000 men, the government traced similar occurrences at widely separated points. When attorneys for the strike leaders objected that specific affidavits of assault and in- limitation failed to show any con- nection with the strike or the strik- CTS, the prosecution pointed out that similar attacks, committed in simi- lar way, had been definitely traced by sworn affidavits to men actually known to be members of the striking crafts, and that in every case the victims were non-union men or men who had refused to quit work.
 POO Affidavits Presented
 Nearly 200 affidavits were placed in the record today, and Blackburn Esterline. assistant to the solicitor general, announced that the reading would continue tomorrow. Judge James H. Wilkerson announced that when the ten-day renewal of the tenn porary restraining order expires September 22, it could not be ex- tended. MT. Easterline assured the court, however, the government would have completed its case before that time.
 The peace settlement reported reached on some roads will not af- feet the governments prosecution of the injunction case, MT. Daughertys spokesman said and one government attorney declared peace on all the roads would not alter the govern ments determination to prosecute the case.
 The defense failed again to obtain an agreement to expedite the case by eliminating the reading of the hundreds of affidavits.
 Rfchberg Protests
 Donald R. Richberg, attorney for B. M. Jewell and John Scott, strike leaders, read a prepared statement to the court, declaring it was un- necessary to introduce more affi- cavits to show there have been many acts of 1awlessness and violence ac- companying the present strike." The defense he said, conceded that a sufficient number of acts of lawless- ness in various parts of the country can be proven to make it desirable to utilize any lawful power of the government in a lawful way to pre- vent such acts"
 This, he said, has been the posi- tion of the strike leaders since the be ginning. and they have. he da- clared, not only not opposed any in- junction issued to prevent lawless- ness but have welcomed every effort of the government. Ito prevent, re- strain and punish lawlessness and violence"
 They would not oppose, MT. Rich berg continued, the exertion of the power of the government in che present case to prevent such acts. If it be assumed that the power of the court has been lawfully in- voked and has not been used for other unlawful purposes"
 Real Issues Defined
 The real issues before the court. the defense attorney said. are:
 First. What powers of this court can be lawfully invoked by the pres ent proceeding.
 Second What proof is there of any conspiracy of the named de- fendants either to do an unlawful act or to do lawful act by un- lawful means.
 Judge Wilkerson pointed out that If the government could show that an organization was guilty of certain unlawful acts, members or leaders ho had Knowledge of such guilt and did not repudiate the organization were guilty of conspiracy. The court and defense counsel agreed that when man thinks he Is leading an organization and finds he Is fead- : ing a mob he should repudiate the mob."