Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1922-09-20
SHOPMEN LOSE IN
j. s. WRIT RULING
Daugherty Affidavit Charging
Violence by Strikers Admitted.
VICTORY FOR GOVERNMENT
Injunction Order is Continued for Ten
Days-counsel for Union Calls
Attorney Generals Action
Defiant Of the Lew.

Chicago, Sept 12.-Federal Judge
James w. Wilkerson, over the protest
of counsel for the striking shopmen.
who charged the government with be-
ing 'prejudicial," permitted the read
ing in open court, as part of the in
junction record. the startling affidavit
of Attorney General Daugherty at
tributing railroad violence to the
strikers.
Judge Wilkerson entered an order
continuing the restraining order for
ten days.
The judges ruling came as a climax
20 series of decisions adverse 10 the
shOpmen during the hearing on the
governments motion TO make perma-
nent the temporary injunction against
the shopmen's union and officials
granted ten days ago.
The reading Of the vOluminous
charges. In the form OF an affidavit,
came az the end of a bristling argu-
ment by Donald r. Rlchberg, counsel
for the shopmen. in which he bitterly
arraigned Attorney General Daugh-
erty.
Premise Called False.
Mr.. Richberg, his voice vibrating
through the corridors of the court
room, charged that the attorney gen
eral had betrayed the confidence of
the court and was betraying respect
for the court and for law and order"
He asserted In his order that Mr..
Daugherty's injunction bin was based
on a false premise and a misconcep
ton of the law.
At the end Of Mr.. Rlchberg's argu-
ment. however. Judge Wilkerson an
nounced he was not satisfied the gov
eminent had not presented sufficient
evidence to merit a complete hearing
Of its charges In the plea to make the
injunction permanent
Assistant Solicitor General Black
burn ESterline then began reading the
so-called "Daugherty affidavit" con-
tanning the charges against the strik-
ers. which contained the signature Of
Chester A. MacGuire, secretary to At
Is an assistant attorney general
The affidavit recited the various
periods Of violence at Joliet and Clin-
ton and in northern Illinois. II stressed
the wrecking Of the Michigan Central
million Dollar Freight Special" AT
Gary and the abandonment of trains
In the Arizona desert by the crews.
As the purport Of the affidavit be-
came clear, Attorney Richberg arose
and attacked the generalities in the
document as prejudlclal to the unions.
"Not Scintilla of evidence against
the defendants i'm the injunction is Of
fered." said Mr.. Richberg mot
name is mentioned
Objection Override.
ct want 1t clearly understood, how
ever. we do not object TO any order
entered for the purpose of preventing
violence and disorder"
Judge Wilkerson overruled Mr..
Richberg's objection and ordered Mr..
Esterline to continue with the reading.
The federal solicitor. continuing,
cnuFEtu lldN Us Il GNcuAl VI lNt cur
tailed railroad operations since the
strike began, 953 mail trains with a
total mileage of s2,912 miles had been
withdrawn from service.
"The Postal department Is In
chaos" he asserted.
Frank Mulholland. associated with
Mr.. Richberg as counsel for the
unions. interrupted with an objection.
"The charges I'm the affidavit are not
supported by any of the elements Of
the rules Of evidence" Mr.. Mulhol-
land argued. at Is filed with vague
rumors and limitations"
Judge Wilkerson again Overruled
the defendants and permitted Mr.. Es-
terline 10 continue.
The affidavit contained the tabula-
ton OF a series Of acts of vandalism
and various depredations. The coal
situation had been made more acute
ms a result of the strike. the govern
ment charged.
ANN VA CuIICTED EntIaH