The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1922-09-15
SHOPMEN LOSE IN
u. s. WRIT RULING
Daugherty Affidavit Charging
Violence by Strikers Admitted.
VICTORY FOR GOVERNMENT
Injunction Order Is Continued for Ten
Days-counseI for Union Calls
Attorney Generals Action
Defiant Of the Lew.

Chicago, Sept. 12.-Federal Judge
James w Wilkerson, over the protest
of counsel for the striking shopmen,
who charged the government with be-
Ing "prejudicial,' permitted the read
ing in open court, as part of the in
junction record, the startling affidavit
of Attorney. General Daugherty at
tributing railroad violence to the
strikers.
Judge Wilkerson entered an order
continuing the restraining order for
ten days.
The judges ruling came as climax
to series of decisions adverse to the
shOpmen during the hearing on the
governments motion to make perma-
nent the temporary injunction against
the shopmen's union and officials,
granted ten days ago.
The reading of the voluminous
charges, in the form of an affidavit,
came at the end of a bristling argu-
ment by Donald r. Richberg, counsel
for the shopmen in which he bitterly
arraigned Attorney General Daugh-
erty.
Premise Called False.
Mr.. Richberg, his voice vibrating
through the corridors of the court
room, charged that the attorney gen.
eral had betrayed the confidence of
the court and was betraying respect
for the court and for law and order"
He asserted in his order that Mr..
Daugherty's injunction bill was based
on a false premise and misconcep-
ton of the law.
At the end of Mr.. Richberg's argu-
ment, however, Judge Wilkerson an
nounced he was not satisfied the gov
eminent had not presented sufficient
evidence to merit complete hearing
of it's charges in the plea to make the
injunction permanent.
Assistant Solicitor General Black
burn Esterline then began reading the
so-called "Daugherty affidavit" con-
tanning the charges against the strik-
ers, which contained the signature of
Chester A MacGuire, secretary to At
torney General Daugherty, who also
is an assistant attorney general.
The affidavit recited the various
periods of violence at Joliet and Clin-
ton and in northern Illinois. It stressed
the wrecking of the Michigan Central
million Dollar Freight Special" at
Gary and the abandonment of trains
in the Arizona desert by the crews.
AS the purport of the affidavit be-
came clear, Attorney Richberg arose
and attacked the generalities in the
document as prejudicial to the unions.
''Not a scintilla of evidence against
the defendants in the injunction is of
fered," said Mr.. Richberg. mot a
name is mentioned.
objection OverruIei.
'T want it clearly understood, how
ever, we do not object to any order
entered for the purpose of preventing
violence and disorder"
Judge Wilkerson overruled Mr..
Richberg's objection and ordered Mr..
Esterline to continue with the reading.
The federal solicitor, continuing,
charged that as a result of the cur
tailed railroad operations since the
strike began, 953 mail trains with a
total mileage of S2,912 miles had been
withdrawn from service.
"The Postal department is In
chaos" he asserted.
Frank Mulholland, associated with
Mr.. Richherg as counsel for the
unions, interrupted with an objection.
"The charges in the affidavit are not
supported by any of the elements of
the rules of evidence" Mr. Mulhol-
land argued. "It is filled with vague
rumors and intimati0ns.'
Judge Wilkerson again overruled
the defendants and permitted Mr.. Es-
terline to continue.
The affidavit contained the tabula-
ton of a series of acts of vandalism
and various depredations. The coal
situation had been made more acute
as result of the strike, the govern