The Washington times., 1922-09-15

9<'"S>Sss granted even a.
WILLIAM HARD preliminary res
straining order. II next week he
| should grant temporary inJunc'
| ton, there still Would remain the
| fight for securing permanent IN
| junction. The case looks long. and
the strategy behind II has been OF
remarkable cleverness on both sides.
learn on excellent authority that
when the restraining order was first
issued, there were certain Of thu
strike leaders who were dcuetful rs
to whether or not they ought to con.
tinue issuing directions for the man
agement OF the strike. BY advice Of
| counsel, hoYever, they decided to
continue issuing them.
At once, at that point. deep
difference was created between the
case OF the Debs strike Of 1894
and the case OF this strike. The
Debs strike was totally paralyZed
by the court order issued against
II. The Government hoped that a
similar result would be secured in
this case. II was not secured.
l am in a position to be able to
state that in the matter Of the in.
ternal management OF the strike
the Governments preliminary re.
straining order has not yet pro-
duced the slightest change.
In the courtroom the strikers
have been able to continue this
stalemate against the players on
the Government side They have
done II by taking the bold step of
asking for a total dismissal Of the
whole original bill of complaint
which the Government filed at the
start of the case.
This motion had precedence over
any other. motion, and 1t was pre-
sented for the precise purpose @of
giving the strikers attorneys the
first chance, 10 talk Donald Rich
berg, the strikers principal attor.
ney. started! talking, and his argu-
ment has now been interrupted by
the reading Of the Government \
affidavits. but II has not yet been
concluded. Mr.. Richberg will re.
sumo it next week.
The course OF events next week
will presumably be as follows:
The Governments affidavits hav.
ing all got read. Mr.. Richberg- will
begin reading affidavits OF. his own.
will be just as wild as the Govern.
ment's affidavits have been. Mr..
Richberg can no more prove a con.
spiracy among New York bankers 70
ruin the unions than the Govern
ment can prove a conspiracy among
the strike leaders to commit acts OF
violence. But he can have a lot Of
fun initiating the Government s
method of proving conspiracies, and
, he apparently intends to have 1t.
The Government contends that II
certain considerable number Of
strikers committed acts Of violence,
then their individual guiltinesses be-
have like cakes Of yeast In pan of
dough and spread through the whole
lump and prove a conspiracy'to com
init acts OF violence by the leaders
OF the strike. Mr.. Richberg will use
this samk method on bankers and
railroad executives. He Will prove
that some Of them tried to disrupt
the unions. and having proved thai
some OF them were guilty, he viii
claim that the whole lot were guilty
This will last for a while. and then
Mr.. Rfchberg will attack the Govern
ment's affidavits and then the Gov
ernment will attack Mr.. Richbergs
affidavits. Mr.. Richberg will show
that the Governments sffidavits dc
not even remotely implicate any ma
tional strike leader in any act OF VIC
lence, and the Government will prove
that Mr.. Richberg's affidavits are
extremely unlikely to send anybody
to Jail. After which the two con
tending patches Of lawyers will start
arguing on the Constitution.
II Is then expected by most people
tthat the Judge will finally dismiss
Mr.. Richberg's motion for dismiss
ing the Governments bill and VII
change the preliminary restraining
order into temporary injunction
The next move thereafter will be thu
getting Of a permanent injunction
by the Government, and on thh
move the real hearing of evidence
= will begin. It will be possible ther
!. 10 summon witnesses and to cross
examine them. This case Is perhars
still m its infancy. And perhaps II
l will just be growing into high schoo
age and Just beginning to- be good
strong case when II Will be called
| upon to 60 and Law a wreath Of flow
! ers on the completed grave of It's