South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-09-12

b. Frank 7. Mulhollsnd OF To-
10. Two attorneys for the Brother
trod OF Locomotive Eng .neers. Tom
evenson and oscar Horne OF Cleve-
Ind, sat a. the defense table, ou-
hly az lookers-On.
Elaborate precautions we're taken
guard against any untoward inci-
nf Special guards Of department
Justice agents have been detailed
protect the attorney general and
<ldgs Wlkerson
/ SIR. R!chberg. in three-nour arr
lment. attacked the government
IL. declared the acts involved iu the
ling and prosecution % The strike
ere entirely lawful. tha- the i'm
3inctiOn wa the one the court n3d
IL power 10 grant because 90 i- un-
3lnstitutional and violates the Clay
p acf. ari declared that u the bin
stripped OF its conspiracy charges
that is left .s a bin 90 en1oin
minal acts by unknown persons
30 MAY or may not oe members
/ the unions
The bin = based on an assump-
! To- hat the defendants are under a
gal duty 10 obey the decisions OF
H. United States railroad board, he
"a. and ne cited decisions and the
w creating the board. as well as
elements of the laws authors. Reps.
! sch and sen. Cummius In support
his assertion that uo such legal
1uty exists.
Cites Prior Decisions.
The attorney general Mr. Rich
Ierg declared. has no right 90 use
be- power OF the government 90 pre-
NJ labor from doing any lawful
hing % night the open shop" move
bent FIe cited the decisions OF the
|sCeral circuit court OF appeals here
Il modifying the provisions Of the
|junction against the coal miners,
|sued "a few months ago by Judge
b. Anderson at Indianapolis. From
|Aat decision ne read the appellate
|0urt's declaration thai either en-
Bowers or union men have the right
r free access and appeal 90 unem-
|i0yed men 90 win employees. on the
/ ne hand. or union adherents on the
her; and that employers have the
Eht 20 appeal 10 union men 20 be
|oHne nOE-uniOn. while the unions
! ave an equal right 20 urge unOr-
anized workers 10 Join their cause.
The governments bill. the defense
|ounsel maintained. seeks 10 invoke
Jurisdiction which has been denied
be federal courts OF the alleged
Conspiracy 90 interfere with inter-
|tate traffic are Ilegitimate and un-
wful
The government itself ne said
homes into court as an employer
Within the meaning Of the Clayton
|w because the federal courts are
operating railroads under receiver
|hips.
II a conspiracy actually exists. he
continued. the government should
|eek relief through the proper chan
|els in the criminal courts and he
|enied the right or gOvernmnt by
Injunction. 90 deprive the defendants
Il the constitutional safeguards they
would have under such criminal pro-
|edings.
The governments exhibit on the
rimes which It charges are due 10
he strike and which covers twenty
|Ix printed pages indicates the ma
ion-wide scope OF the outbreaks on
which the petition for an injunction
J. based.
OF murders alone. IL listed during
|uly and August, I'm Alabama, I
arkansas I Georgia l. Illinois 3;
Kentucky ], Missouri 1; Ohio 5;
Tennessee 8 ; Texas ,, and Virginia .
a special section was devoted "a
he California-Arizona desert situa.
ion and the Narrowing OF many
rains, with hundreds OF passengers
AIR. Esteriine declined 10 estimate
bow long 1t Will take to complete
he presentation of the government
-ase. but indications are that the
bearing may last two or three day:
longer.