The Birmingham age-herald., 1922-09-12

Federal Judge James II. wilkerson ordered the continuance of the gov ernments motion at ths close of tho first days hearing on the petition of the Attorney General for tenn porary injunction to replace 1t. The continuance. the court stipulated. will terminate upon ths decision in the injunction hearing.
 As n result of the continuance
 the injunction hearing will he
 halted tomorrow morning while
 attorney. for B. M. Jewell, pres
 ident nnd JohA Scott, secretary
 treasurer of the federated shop
 crafts. argue for modification
 of It's drastic penalties. Donald
 R. Richberg, representing tho
 strike leaders. served notice on
 counsel for tho government that
 he would meve some nodifica-
 tions when court conveneA to-
 morrow.
 Jewell and Scott were the only two of the more than 24o strike Iead- CTS and 100000 strikers affected by the restraining order represented in court by counsel today.
 Lose First Battle
 They lost the first battle when the court denied their motion that tho governments petition be dismi ssed. T am not prepared at this time to decide that the bill fails to set up any grounds for relief" Judge Will kerson said. and ordered Blackburn Esterllne, assistant to the solicitcr general to proceed with the pre- sentatfon of the governments case. In the argument over the continuance of the restraining order, however, tho court pointed cut the difference be- tween the charges of Unlawful conn bination" and lawful combination to do unlawful acts," and indicated that if the defense can show only the latter is charged in the bill some modification of the present order might be made.
 Illegal Acts CharHeA
 The government today read into the record a list of nearly 2B murders growing out of the rail strike, and literally hundreds of acts of sabot- age, assault, dynamiting. whipping, derailment of trains. burning of bridges. rioting. destruction of prop erty and interference with trains in interstate traffic.
 The defense protested that the list, compiled by the department of justice and sworn to by c. J. Mc- Guire, attorney for the department, was Improper as evidence. but it was admitted for the time being, on the understanding that the government would produce further facts in it's support.
 On the same understandfng Judge Wilkerson admitted a certificate from Postmaster General Work, showing that s5s mail trains op- erating over track aggregating S2.- 912 miles have been withdrawn be- cause of the strike, and that de- livery of the mails has been seri- ously hampered. Likewise he ad- mitted for the time being 6 report from the director of agriculture of California showing the falling off in fruit shipments during July be- cause of the railroad tie-up, the need of cars to move the crops. and a petition of California fruit grow CTS to the interstate commerce com mission setting forth their need for cars.
 Prominent Lawyers Present
 Attorney General Daugherty, who is in charge of the governments fight for permanent injunction. was surrounded today by one of the heaviest batteries of legal talent the government has ever assembled in Fl 1IlCdSO NOuIL ptSiucS xhIs 1Sltl~ line he il supported by J. W. H. Grim, assistant attorney general; James A. Fowler. Oliver E. Pagan. government indictment expert. and A. A. Mclaughlin, all three special assistants to the Attorney General; Charles II. Cline, district attorney, and c. J. Mcclure. attorney. MT. Mclaughlin also represents the rail- road administration.
 MT. Richberg, local attorney for Jewell and Scott was assisted by Frank l.. Mulholland of Toledo, two attorneys for the brotherhood of Locomotive Engineers, Tom Steven son and Oscar Hearne of Cleveland sat at the defense table but only as lookers-on.
 Daugherty Guarded
 Elaborate precautions were taken to guard against any untoward in- cident. Special guards of depart ment of justice agents have been de-
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