The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1922-09-12
New Order
Effective
for 10 Days
U. 5. Judge Grants Coniinu.
ance of Restraining Action
Pending Final Deci.
sion in Hearing.
Unions to Present Case

Chicago, Sept. ll,-(By A. P.)-4
The temporary restraining order
granted the government September
] against the striking railroad shop.
crafts and their leaders, tonight was
continued in effect for not 20 exceed
10 days. The original order would
have expired al midnight.
Federal Judge James II. Wilkerson
ordered the continuance OF the gov-
ernment's motion at the close OF the
first days hearing on the petition
OF the attorney general for a pcrma-
nent injunction 10 replace il. The
continuance, the court stipulated,
will terminate upon the decision in
the injunction hearing.
As a result OF the continuance OF
the injunction, hearing will be halted
Tuesday morning while attorneys for
B. NJ. Jewell, president, and John
Scott. secretary treasurer OF the fed
Grated shopcrafts, argue for the modi-
fication OF It's drastic restrictions.
Donald X. Riehberg, representing
the strike leaders, served notice upon
counsel for the government that he
would move notifications when court
convenes Tuesday.
Jewell and Scott were the only
two of the more than 24O strike lead.
ers and 100000 strikers affected by
the restraining order represented in
court by counsel today.
They lost the first battle when tho
court denied their motion that tho
governments petition be dismissed.
u am not prepared at this time TO
decide that the bill fails to set up any
grounds for relief" Judge Wilkerson
said, and ordered Blackburn Ester
line, assistant to the solicitor gem
eral to proceed with the presentation
OF the governments case.
In the argument over the con-
tinuance OF the restraining order,
however, the court pointed out tho
difference between the charges of
unlawful combination" 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.
The government read into the rec
ord list of nearly rs murders grow.
ing out OF the rail strike, and liter
ally hundreds OF acts of sabotage,
assault, dynamiting, whipping, derail-
ment of trains, burning of bridges,
rioting, destruction Of property and
interference with tranis in interstate
traffic.
Say List Improper Evidence.
The defense protested that the list.
compiled by the Department of Jus.
tice and sworn TO by {, ]. Mcclure.
attorney for the department, was inn
proper as sevidence, but it was adj
mitted for the time being, on the un.
derstanding that the government
would produce further facts in its
support.
On the same understanding Judge
Wilkerson admitted a certificate
from Postmaster General Hubert
Work, showing that 953 mail trains
operating over track aggregating g..
el2 miles, have been withdrawn bee
cause of the strike, and that deliv-
cry OF the mails has been seriously
Likewise, he admitted 3
report from the director o. agricul.
ture of California, showing the fallA
ing off in fruit shipments during
July because OF the railroad tieup.
Elaborate precautions were takei
to guard against any untoward incl.
dent. Special guards OF Depart.
nent OF Justice agents have been de-,
tailed to protect the attorney general,
and Judge Wikersou. Long befcro'
court opened, picked agents from
he radical squad were stationed &C
very entrance to the federal build-,
ng, while the rest OF the available
orce was scattered through the