Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-13
CASE LAUNCHED
BY Government
IN APPLICATION
FOR INJUNCTION
More Than 10000 Affida-
Wits of Assaults by Strik-
erS and Strike Sympa-
thlzerS Are Presented,
MORE THAN 100000
WORKMEN INVOLVED
Cases of Alleged Bombings,
Shootings, Threats, Beat
tngS and Verbal Abuse
Cited by ESter|ine,
Rr the Associated Press.

BY the Associated Press'
Chicago, Sept. IL (by the Asso-
ciated Press. with more than
10000 affidavits of assault by
strikers and strike sympathizers on
railroad workers in every section of
the country, the government today
launched it's effort to show a con-
certed effort by the striking shop
crafts to interfere with interstate
traffic by driving railroad employees
from their work,
Overruling the objections Of at
torneys for b. M. Jewell and John
Scott, the strike leaders, Federal
Judge James II. Wilkerson admit
ted the affidavits in evidence for
the time being at least, in the
hearing on the governments bill for
a temporary injunction against
some 240 shopcrafts officials and
more than 100000 OF their follow
ers.
Argument Deferred.
The court likewise deferred for
the present argument on the de-
fense motion for modification of
ING Itoll lllliIi5 Va hNh
now in force. He ruled that the
governments contention that the
dominant purpose Of the alleged
conspiracy is the destruction of in
terstate traffic would be vital
factor in determining whether the
unions were entitled to any modifi-
cation, and directed the govern
ment to proceed with the evidence
on which it expects to prove that
claim.
The value as evidence of the affi-
davits of persons assaulted by the
strikers and strike sympathizers, or
affldavits of public or railroad of.
ficials claiming knowledge of such
assaults, was vigorously opposed by
Donald r. Richberg, of Chicago,
and Frank Mulholland, of Toledo
Ohio, attorneys for Mr. Jewell and
Mr.. Scott. They fought their in
PRODUCTION and entered a general
objection to all of Them that the
government may produce.
secondary Evidence.
The affidavits, they declared, are
at the best only secondary evidence,
and they fail, they added, to show
any connection between their eli
ents and the perpetrators of the
acts of violence complained Of,
MIR. Richberg challenged the
reading of bulletins from various
local strike headquarters over the
country, presented to the court by
j. A. Fowler, special assistant at
torney general and pointed out
that the bulletins themselves in
many eases showed the peaceful
intent of the strikers and their de-
sire to avoid violence and CO.
operate with the peace officers.
Blackburn Esterline, assistant TO
the solicitor general, read nearly
200 of the affidavits telling of as
saults to the court today.
Starting in with attacks on
Santa Fe workers in Chicago and
Illinois points, MIR. Esterline work
cd west over that line, state by
state, showing it's employees every
where had been subjected to vio-
lence. From the Santa Fe he
shifted to the Southern Pacific and
other roads operating in the south
west. then worked north along the
Pacific slope and tomorrow will
take up cases in the west and north
west,
Tar and Feathers.
Today's exhibit ranged from the
tar and feathering of a railroad
employe-with photographs at
tached-through bombings, shoot
ing, attempts to run down workers
with automobiles, beatings, threats,
verbal abuse throwing and
even intimidations Of wives and
children.
The monotonous reading was en-
Iiyened occasionally by the refine
ments of torture developed against
some of the strike victims. One az
fidavit of a non-union man captured
by men said to be strikers, told how
his captors discussed a half dozen
various forms of punishment, in
Guiding placing pebbles in his
shoes and forcing him to walk be-
fore their automobile, or tying
rope around his neck and dragging
him behind the car, and how they
finally compromised by beating
him.
In unfolding the governments
right to develop it's charge that
the paramount purpose OF the con-
spiracy of the strikers is to destroy
Interstate commerce, before the de-
tense motion for modification of
fbe restraining order is acted on,
Judge Wilkerson cited the recent
decision of the United States su-
preme court in the Coronado case
and similar decisions in the retail
lumber dealers case and the prose-
cution of James A. Patten, a grain
Continued on Page Two.