Evening star., 1922-09-12
RAIL STRIKE PLOT
TO Be AIRED FIRST
Union attorneys Plea for
Modification of Injunction
Must Wait.
By the Associated Press.

BY the Associated Press.
CHICAGO. September Judge
James H. Wilkerson today deferred
hearing on the motion Of attorneys
for the rail strike leaders for modi-
fication of the temporary restraining
order pending completion of the gov
dominant purpose Of the alleged con-
spiracy is the destruction of inter-
state commerce.
Citing Supreme Court decisions in
the Cornado coal case. Retail Lumber
Dealers case and the Patton cotton
corner prosecution, Judge Wilkerson
said the question raised by the gov
ernment's allegation was vital one
and should be settled before the re-
quest for modification of the present
order can be acted on.
Declare Statement Libelous.
Donald R. Richberg, attorney for
B. NJ. Jewell and John Scott, strike
leaders, interrupted the hearing to
demand of the government attorneys
whether a statement which he branded
"criminally libelous," printed in morn
ing papers as coming from Attorney
General Daugherty's office, had been
given out by Mr.. Daugherty or his
associates.
The statement was a resume OF the
list Of murders and other crimes
growing out of the strike, read in
court yesterday.
Judge Wilkerson said he had not
seen the statement. but would read
the copy produced from the Chicago
Tribune by Mr.. Richberg and pass on
it later. The strikers attorney said
the statement '1ibelously" attributed
to his clients acts of which they had
no knowledge.
Gives Figures ON Equipment.
Blackburn Esterline, assistant to
the solicitor general, resumed the
presentation of the governments evil
dence in support of the bill for a
permanent Injunction with the read
ing of affidavits and reports covering
interference with fruit shipments
from the state of Washington and
figures on accidents due to faulty
showed that Of 67,926 locomotives on
railroads reporting 1906 were out of
service during the entire month of
July, while 1885 were reported for
inspection and repairs.
Reports of the Interstate Com
merce Commission were presented
showing bad order" freight cars and
locomotives on July / and 15 and
August 1 and Is. On July 1 324.5s3
of the country's 2,301,546 freight cars
required repairs, or 14.3 per cent of
the total The percentage increased
to ISL on July is and reached 1873
per cent on August l.. 1t fell to 14.S
per cent fifteen days later.
The locomotive reports showed 49,
S96 of the 64,516 engines in need of
repair July I. or 22.5 per cent of the
total number. July Is the bad or
der" list reached 24.7 per cent; 2s.5
per cent on August 1, and 30.3 per cent
on August Is.
Says Strikers Hit Her.
Mr.. Esterline read an afidavit from
the wife Of q Chicago railroad man
who went out ON strike. but later re-
turned to- work when the grocer cut
off the famiiy-s credit. She told Of an
attack by three strikers who struck
and cursed her aid searched her
house in an EFFORT to find her husband.
whom they called scab.
Mr.. Richberg made a general objec-
tfon to all such afi1davits to be pro-
duced by the government on the
ground that secondary evidence of
that type is not competent
The assistant solicitor general read
afidavits from non union men en-
pioyed in Chicago rail shops, telling
strike pickets and interference by q
mob Of men who claimed to be strik-
era with repairmen sent to work on
had order cars in interstate tradlc.