South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-09-12
ORDER EXTENDED
FOR PERIOD NOT
OVER TEN DAYS
Wilkerson Says Continuance
Will Terminate on Deci-
sion in Hearing.
TO SEEK MODIFICATION
Halt Hearing Today While At.
torneys for Jewell and Scott
Move for Changes.
CHICAGO. Sept. icy A.

CHICAGO. sept 11.-CBy A PDI
The temporary restraining ordsrI
granted by the government Sept. /
| against the striking shop crafts and
their leaders tonight was continued
in effect for not 20 exceed 10 days
The original order would have eK-7
pired al midnight
Federal Judge James II. Wilker-.
son ordered the continuance on the'
governments motion az the close Of.
the first days hearing on the petitiouI
Of the attorney general. Harry ~
Daugherty. for "A temporary injunc-
ton 10 replace It. The continuance i
the court stipulated. viii terminate
on the decision I'm the injunctionI
hearing
As a result Of the continuance md
injunction hearing viii be halted to1
morrow morning while attorneys for;
B. NJ. Jewell. president and John|
Scott. secretary Of the fed
Grated shop crafts, argue for a modi-
fcation ofrits penalties. Donald r i
Richberg. representing the strikeI
leaders served notice on counsel forI
the government that he would mova'
some notifications when court con-
venes tomorrow
JeweU and Scott were the only twoI
Of the more than 240 strike leaders,
and 500. 900 strikers affected By thel
| restraining order represented III
court by counsel today.
Lose Initial Battle.
They lost the first battle when the|
court denied their motion that the|
/ governments petition be dismissed
Il am not prepared at this time 4
decide that the bin fails 20 set up AMI
grounds for relief Judge Wilkersou|
said, and ordered Blackburn Ester
/ line. assistant 20 the solicitor genera
! TO proceed with the present action a
the governments case.
In the argument over the condnu
\ ance Of the restraining order. how 4
ever the court pointed out the dif1
/ ference between the charges of Gun
/ lawful combination" and lawful
| combination 10 do unlawful acts
and indicated that II the defense ca
show only the latter is charged 4
: the bill some modification OF thd
/ present order might be made.
The government today read ind
/ the record a list OF nearly % muir
! ders growing out Of the rail strike
and literally hundreds OF acts Il
I sabotage, assault, dynamiting whip /
ping. derailment Of trains. burning
! OF bridges. rioting destruction Il
property and interference with train
/ in interstate traffic.
The defense protested that nd
! list compiled by the department. was
improper as evidence. but it was ad |
mitted for the time being. on thi
( understanding that the government
would produce further facts IN ~
support.
on the same understa nding Judgd'
/ Wilkerson admitted certificate
+ from Postmaster General Hubert
/ Work. showing that s55 mail trains
: operating over track aggregating 50.
1 912 miles have been Withdrawn be \
} cause OF the strike. and that delivery
Of the mails has been seriously ham
pered. Likewise he admitted for Ind
time being a report from the direc
/ tor Of agriculture OF California show
I ing the falling off in fruit shipmentj
/ during the month OF July because Il
d AAAr ram NnN4 Naf.-Ha d. Alat AA'"-A VI 81
: TO move the crops and a petition Il
/ California fruit growers 20 the inter
/ state commerce commission settin /
! forth their need for cars
Bevy Of Legal Talent
Atty Gen. Daugherty. who OBJ
tanned the original order and l
.n charge OF the governments hghf
. for an injunction 10 replace 10. was!
, surrounded today by the heaviest
I batteries Of legal talent the govern /
men- has ever assembled in "a Oh
/ caeo court Besides lIr Esterllnai
/ ne is supported by J. 49, IT. CrimeI
F assistant attorney general. James Il
( Fowler. oliver =. Pa-cu government
+ Indictment expert and A. A. ~
f LaUEhlin. all three special ass stantI
+ 70 the attorney general Charles Il
F Clyne district attorney and O.. i
+ Mcclure. attoruev Nr NcLaughuu.
+ also represents the railroad admlnis1
tration
Mr. RichberE local attorney forl
4 Messers Jewell and Scott was assist
Continued 0I Page TrTo.)