The Birmingham age-herald., 1922-09-12
UNION ATTORNEYS TO
 SEEK MODIFICATION
 OF DRASTIC MEASURE
Continued from Prge one)

tailed to protect the Attorney Gem eral and Judge Wilkerson. Long before court opened picked agents from the radical squad were sta- toned at every entrance to the fed eral building and through the court room.
 MT. Richberg. in three-hour argu- ment, attacking the governments bill declared the acts involved in the calling and prosecution of the strike were entirely lawful; that the in- junction was one the court had no power to grant because it Is uncon- stitutional and violates the Clayton act; and declared that If the bill is stripped of it's conspiracy charges all that is left is bill to enjoin erim- inal acts by unknown persons who may or may not be members of the unions.
 The bill is based on an assumption that the defendants are under legal duty to obey the decisions of the United States railroad labor board. he said. and predicted decisions and the law creating the board as well as statements of the laws authors. Representatives Esch and Cummins, in support that his contention that such legal duty exist.
 Fight for Open Shop
 The government has no right to use the power of the goyernm ent to prevent labor from doing any lawful thing to fight the "open shop" movement. He cited the decision Of the federal circuit court of appeals here In modifying the drastic provis- ions of the injunction against the coal miners, issued few months ago by Judge A. B. Anderson nt Indianapolis. From that decision he read the appellate courts declar- ation that either employers or union men have the right of free access and appeal to-. unemployed men to win employees on the one hand, or union adherents on the other and that employers have the right to appeal to union men to become non. union. while the unions have an equal right to urge unorganizeu workers to join their cause.
 The governments bill, the defense counsel maintained, seeks to invoke Jurisdiction which has been denied the federal courts and seeks to evade the Clayton act by maintaining that the purposes of the alleged con- spiracy to interference with inter- Slale trdliiC arc iiic6ieihho'o ihA MT lawful.
 The government itself, he said, comes into court as an employer within the meaning of the Clayton law because the federal courts are operating railroads under receiver ships.
 Use Criminal Procedure
 If a conspiracy actually exists, he continued, the government should seek relief through the proper chan nels in the criminal courts, and he denied the right of government by injunction to deprive the defendants of the constitutional safeguards they would have under such criminal pro- weddings.
 The governments exhibit of the crimes which it charges are due to the strike and which covers 2d printed pages, indicates the nation wide scope of the outbreaks on which the petition for an injunction is based.
 Of murders alone it listed during July and August in Alabama, one; Arkansas, one; Georgia, one; Illinois, three: Kentucky, one; Missouri, one, Ohio, five; Tennessee. five; Texas two, and Virginia, two.
 A special section was devoted tc the California Arizona desert situ- alton and the marooning of many trains with hundreds of passengers.
 MT. Esterline declined to estimate how long it will take to complete tue presentation of the governments case but indications are that the hearing may last two or three days more