The daily banner. (Cambridge, Md.) 1897-2008, 1922-09-12
COURT CONTINUES
STRIKE INJUNCTION
Denies Union Motion to Dis
miss the Order.
MODIFICATION Is SOUGHT
Richbere viii Offer Motion 20 Free
Labor Leaders From Ruiing-Crifne
Record Admitted in Evidence.

Chicago, Sept 12,-The temporary
| restraining order Obtained by the CIV
eminent against the rail strikers M.tS
continued for not TO exceed tell W.
by Federal Judge James II. NilkeiSuu
Ii Will terminate, i'll any event, When
ever the application for d temporary
injunction is decided, the court SAID.
Donald r. Eichberg, attorney for the
strike leaders, served notice that he
would interrupt the hearing TO move
that the restraining order be modified.
The court agreed 10 hear the motion
at chat time.
Judge. Wilkerson denied the motion
OF attorneys for the rail strike lead
erS that the governments bill for IA
temporary injunction be dismissed.
Il AIN not prepared to decide Ill this
time that the bill fails to set up any
grounds for relief" the court said.
The judge ordered the government
TO proceed with its argument for an
injunction to take the place of the
restraining order granted ten days
ago.
Blackburn Esterline, assistant to the
solicitor general, then presented the
governments exhibits, including q list
of alleged unlawful acts and depreia
TONS charged to the strikers.
He was permitted to read into the
record the list of outbreaks. including
murders, which are said to have re-
sailed from the strike, after the court
ul erruled objections from the defense.
Murders and assaults were Used liz
) ;ueS scattered from coast TO coast.
Approximately twenty-five murders
We're included in the attidavits.
The affidavit of the crimes charged
t. The strikers and their sympathizers
coy cred twenty-siX printed pages in
TIE affidavit and included, besides the
nturderS. acts of sabotage. assault, Gy-
admitting, whipping. derailment of
aims burning of bridges, rioting. de-
: ructi"n of property and Interference
wilt trains in Interstate traffic.
Frank Mulholland, of Toledo, of
counsel for the defense, attacked the
affidavit again when Mr.. Esterline fin
ished its reading. He declared it was
compilation of rumOrs and reports
from unknown witnesses and violated
all rules of evidence.
The court disposed of the protest
v It'll the explanation that he under
stood the government would introduce
further evidence later connecting up
the defendants with the crimes charg
cd
Mr.. ESterline read a report from the
rostoftice department showing 9o3 mail
trains operating over track aggr 'gat-
ing S2,912 miles had been withdrawn
because of the strike. \ long list of
specific delays in mails was cited.
Mulholland objected to the postoffice
report, which was signed by Postmast
er General Hubert Work and the
judge said it was obviously a tabula
ti,.l of official reports and was lot i'll
itself competent, but he reserved de-
ciSion until completion of the govern
ment's case.
Donald r. Richberg, attorney for B.
NJ Jewell, president, and John Scott,
secretary-treasurer of the railway en-
ployes' department., American Fedora
ton of Labor, called attention to the
motion he filed Saturday asking dis
missal Of the injunction so far as it
relates 70 his clients and said it should