The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-09-12
JUDGE DELAYS !.
PETITION TO
MODIFY WRIT
Defers Hearing on Motion of
Attorneys for Rail Strike
Leaders Pending Govern
ment Testimony.
CHARGE LAWLESSNESS
az Associated pressl


CHICAGO, Sept. 12.-Judge James
H. Wilkerson today deferred hearing
on a motion of attorneys for the rail
strike leaders for modification of the
temporary restraining order pending
completion of the governments efforts
to show that the dominant purpose of
the alleged conspiracy is the destruc-
ton of interstate commerce.
Citing supreme court decisions in
the Coronado coal case, retail lumber
dealers case, and the Patton cotton
corner case, Judge Wilkerson said
questions raised by the government
was a vital one and should
be settled before the request for modi-
fication of the present order can be
acted upon.
Denied Dismissal
In extepding the Injunction, Judge
Wilkerson did not attempt to pass on
any merits of the contentious of eth
er government or defense attorneys
beyond temporarily denying the dc
fense motion TO dismiss the proceed
ings.
When the second day Of the hearing
began Attorney General Daugherty
made no suggestion or recommends
ton for modification of the original
bill, despite his statement at Wash
ington last week that it was not the
purpose of the government to curb
constitutional rights or restrict free
speech, free press, or peaceful assem-
blage.
Mr.. Daugherty took no active part
in the proceedings during the prelim
mary stage, but sat at the government
table surrounded by his aids, the heav-
lest battery of counsel the government
has ever thrown into a court action Of
this kind. Through the early stage Of
the hearing Blackburn Esterline, as
sistant to the solicitor general, acted
as spokesman for the government
forces.
Sought Modification.
With the temporary order extended
after losing the motion TO dismiss the
entire proceedings, Donald R. Rich
berg, attorney for B. NJ. Jewell, head
of the railway employees department of
the American Federation of Labor and
John Scott, secretary of the organiZa-
ton served notice that his next move
woud be for prompt modification OF
the Injunction.
Mr.. Ricbberg explained that he and
Frank L Mulholland of Toledo, Ohio,
were representing Mr.. Jewell and Mr.
Scott personally.
Although the early part of the hear
ing was given over to Mr.. Richbers
for his attack on the attorney general
and the Injunction the government got
in with some of its sensational charges
of murder, sabotage, terrorism and
other forms of lawlessness.
A statement by the attorney gener
ais staff disclosed the nature of thl
governments testimony and evidence
Cites Depredations
Since the commencement of tho
present railroad strike acts of depreda
tion had been committed in practical
| ly every state and judicial district il
| the United States" the statement said
"The efforts of the perpetrators are
| concentrated upon two ends-destruc
| ton and intimidation. The means Il
| attain these ends are almost indescrib
! able In fact one must believe thai
| anything suggested to the imagination
of the vandals or their conspirator:
was Immediately put into effect.
THE venom of the participants il
| this strike has not ceased with or
binary assaults, bombing, dynamiting
wrecking of trains, or minor depreda
tions, but has been'in many instance:
satisfied only with the taking of hu
man life"
Here the statement enumerated re
ports of 25 murders and other fatal
| ties attributed to strike causes. 1
also pointed out the suffering and in
convenience of passengers STRANDED
in the deserts of California and Ari
zona when train crews quit and de
clared that $500 deputy United State
marshals had been assigned to tn
protection of interstate commerce anC
| the mails.
Trains Discontinued.
Mail trains discontinued as a resul
Of the strike, were set down as ap
proximately $50 and the damage t
California fruit growers alone through
transportation tie ups was estimated
at s75,000.000.
''Dynamiting, bombing. setting fir
:. to railroad property and bridges are
few of the most dangerous mean
adopted against the railroads." tn,
statement continued.
1T would be almost impossible (,
enumerate the various assaults whicl
have been perpetrated.'
Commenting on the Impeachment
resolution against him offered by ReI
: resentative Keller, Minnesota), Attor
!. ney General Daugherty said Mr. Kel
Ter has a grievance based on the fac
that he could not control the depart
ment of justice in a case he was pei
sonc1ly interested in"
Meanwhile as the Injunction Pre-
peediuoS continued in Judpa UT;Ilxa,
sons court, Mr.. Jewell with his polio
committee of 80 resumed their corfel
ence in downtown building. Meth
er Mr. Jewell nor members of the sho
crafts executive council would discus