The labor world., 1922-09-16
Attacks Daugherty.


Attorney Donald c.. Richberg.
counsel for the railroad unions, att
tackled Attorney General Daugherty
in sensational manner at the hears
ing Monday. He declared Daugherty.
had betrayed the confidence OF the +
court and consequently is betraying
respect for the court and law and
order.
Mr.. Richberg at the outset Of the {
hearing moved for the dismissal OF,
the writ. In arguing his motion he
made an impassioned plea outlining
the shopmens' case, continually 1aysi5
ing stress on the false presentas,
tions" Of the attorney general.
. I'm reading the brief page byl
page" said Richberg, "it becomes
apparent that the conspiracy alls<j
cations are based upon the assump.i
ton that the defendants were under
a legal obligation to obey a decisioni
regarding wages laid down by the!
United States railroad labor boards,
No Legal Obligation.
"The courts attitude on whether
vital. The labor board, wish to as~I
sure the court has no power from.
the transportation act to enforce its
decisions 8.
Richberg then pointed out that nd
laws have been sustained to force
workers to accept a certain scale.
of wages, that the United States su~,
,..~.> o>,,~4 ~oooa$ad1., hae ha1N fhHf
workers and employers shall always
BE left free to regulate the wages
under which they shall harmonious>4
ly work. =
"The right of employees In private
service@to take concerted action Is
unquestioned and recognized" Rich-
berg said. "The impression is given
that employees in public service such
as the railroads, have no such right
There isss no such legal distinction.
There is no discrimination against
the right of a peaceful and lawful
strike" # r. @
Declares Strike Is Lawful.
1.-THE purpose of the defendants Is
entirely lawful Attorney Richber8
continued. 'This court has no power
to grant this bill for Injunction be-
cause the purposes which it seeks
to carry out are perfectly legal
acts.'
As the attorney started his argu-
ment, Chairman Ben w. Hooper OF
the United States labor board, and
G. w. W. Hanger and Colonel J. H.
Elliott, both members of the board.
entered the court room aud war@
interested spectators. !.
While Attorney Richberg was alone
as counsel for the strikers, Attorneys
Frank T.. Mulholland, Thomas Stew
enson and Oscar J. Hern, all Of Cleve.
land, Ohio, representing the brother~
hoods Of Locomotive Firemen and
Engineers, were present in an ads
visory capacity. Among the spectaS
tors were Timothy Shea, vice prest-
dent Of the Firemen's brotherhoods
and c.. E. Curtis, vice president Of
the engineers. Its5.JJ.t E
Would Modify Order.
While the attorney generals sas1
surance that requests for modifica@
tion of the drastic restraining order
will be considered was not con-
strued as binding the government To
any concessions. Mr.. Daugherty has
been repeatedly quoted since the ins
junction was granted as saying dras-
tic provisions which had been inters
preted as curbing free speech, free
press and free assembly, would be
toned down If not eliminated in case
the injunction is made Permanent
X The unions will endeavor to show
that no acts Of violence had been
countenanced and that the acts al>
legged to have been committed were
no part of the shop crafts campaisn
in the conduct Of the strike. Is