Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-12
JUR|ST ORDERS
CONTINUANCE Of
INJUNCTION IN
RA|LWAYSTR|kE
WiIkerSon'S Tenn
porary Restraining Order
viii Remain In Effect for
Not to Exceed 10 DAYS,
DEFENDANTS TO ASK
FOR A MODIFICATION
Attorney for Jewell and
Scott, Union Leaders viii
Argue Question When
Court C0nyenGS Today.
BY the Associated Press.


Chicago, Sept. II Cby the Assoct-
ated Press )-The temporary re-
Straining order granted the govern
= mt September 1 against the strik-
ing railroad shopcrafts and their
leaders tonight was continued in
effect for not to exceed ten days.
The original order would have ex-
pired at midnight
Federal Judge James II. Wilker-
son ordered the continuance Of the
governments motion at the close OF
The first days hearing on the pc
tition of the attorney general for
temporary injunction to replace It.
The continuance, the court stipu-
lated, will terminate upon the de-
ciston in the injunction hearing.
AS result of the continuance
the injunction hearing will be
halted tomorrow morning while at
torneys for B. NJ. Jewell, president.
and John Scott, secretary treasurer
of the federated shopcrafts argue
for a modification of its drastic
restrictions. Donald r. Richberg
representing the strike leaders,
served notice on counsel for the
government that he would move
some notifications when court
cOnvcnes tomorrow.
Two Defendants In Court.
Jewell and Scott were the only
two of the more than 240 strike
leaders and 100000 strikers affect
ed by the restraining order repre-
sented in court by counsel TODAY.
They lost the first battle when
the court denied their motion tina;
the governments petition be dis
missed. Il am not prepared al
this time to decide that the bill
fails to set up any grounds for re-
lief" Judge Wilkerson said and
ordered Blackburn Esterline. as
sistant to the solicitor general to
proceed with the presentation Of
the governments case.
May Modify Order.
In the argument over the con-
Itinuance of the restraining order
however, the court pointed out the
difference between the charges OF
unlawful combination" and law
acts" and indicated that if the de-
fcnSe can show only the latter is
charged in the bill, some modifica-
ton of the present order might be
made.
The government today read into
the record a list of nearly twenty
five murders growing out of the rail
strike, and literally hundreds of
acts of sabotage, assault dynamit-
ing, whipping, derailment of trains,
burning of bridges, rioting, destruc-
tion of property and interference
with trains in interstate traffic.
The defense protested that the
list, compiled by the department OF
justice, and sworn to by c. J. Nc
Guire. attorney for the department,
was improper as evidence, but it
was admitted for the time being, on
the understanding that the govern
ment would produce further facts
in its support.
Mail Trains Withdrawn.
On the same understanding Judge
Wilkerson admitted a certificate
from Postmaster General Hubert
Work, showing that 953 mail trains
operating over track aggregating
iS2,912 miles have been withdrawn
because of the strike, and that de-
livery of the mails has been serious
hampered. Likewise he admit
Ted a report from the director of ag-
falling off in fruit shipments dur
ing the month of July because OF
the railroad tie up, the need of cars
to move the crops. and a petition of
California fruit growers to the in
|terstate commerce commission set
! ting forth their need for cars.
Heavy Legal Battery.
Attorney General Daugherty. who
obtained the original order and is
in charge of the governments fight
for an Injunction to replace it. was
supported today by one of tho
heaviest batteries of legal taleat the
government has ever assembled in
a Chicago court, Besides Mr. Ester
line, he is aided by j. W. II. Grim,
assistant attorney general: James
! A. Fowler. Oliver r.. Pagen, govern
ment expert. and A. A. McLaughlin
all three special assistants to the
attorney general: Charles H. Clyne,
| district ATTORNEY. and c. ]. Mcclure.
Mr., Richberg local attorney for
Messrs. Jewell and Scott, was as
sisted by Frank l.. Mulholland. OF
! Toledo. Two attorneys for the
| brotherhood of Locomotive En-
sineers, Tom stevenson and Oscar
! Horne, OF Cleveland. sat at tho de-
! Tense table. but ONLY as observers.
Special Guards On Duty.
| Elaborate precaut'cns were taken