The Washington herald., 1922-09-12
LABOR PLEA DENIED
Court Permits Attorney
General to Present Dis
order Evidence.
CHARGES STRIKE
CAUSED MURDERS
Jewell Says Settlement
Action Entirely Prob
able" Today.

CHICAGO. Sept. 1.-THE tempo
rary injunction against railroad
shop strikers was continued in toto
for ten days by District Judge
James II. wilkerson today. when
an adjournment was taken after the
first days hearing on the motion
of Attorney General Daugherty to
make the restraining order perma-
nent
The courts action indicates a
long and bitter hght by the govern
ment to prove its charges that vio-
lence and disorder in the rail strike
has been due to conspiracy. in the
opinion of authorities. Hundreds
Of afidavits. dispositions and state
ments will be introduced in the at
tempt to prove that the conduct Of
the strike has been responsible for
alleged murders. property destruc-
tion. crop losses. and delay Of the
mails.
Cites Cases of Violence.
Blackburn Esterline, Assistant
Attorney General. quoted hundreds
Of such alleged cases today when
the government was ordered to pro-
coed with its case. after Judge VIII
kerson had declined to dismiss the
permanent injunction motion on ar
guments Of Donald r. Richberg. at
torney for the strikea
While these arguments were be-
ing heard in Federal court. nearly
hundred strike leaders were in
session considering proposals TO end
N
Jewell. president Of the shopmen,
has been covered. but no definite
action taken He added that il
was entirely probable" that some
action would be taken tomorrow.
We are taking our time and CO.
ing over things carefully" he added.
Strike Leader, Disagree.
II was admitted by some Z. Tire
shopcraft leaders that the union
men are as badly split on what
course to take in acting for peace
as the railroad executives are. Cen
eral cha'rmen on carriers where the
strike is hirhly effective are ssid
to oppose any compromise. while
others acting for strikers on roads
where shops are being hlled with
workers are asking immediate ac-
tion on the p!an Of settlement ad-
vanced by Daniel willard. presl-
dent Of the Baltimore and Ohio.
Refusal os judge wilkerson 60
dismiss the permanent Injunction
motion followed spirited argu-
ment bv Attorney Richberg. in
which he charged that Attorney
General Dsugh-rty had imposed
Il "a
IL 70 grant the restraining order"
Denies Authority Of Board.
RIchberg stated that the strikers
had not broken a legal duty in re-
fusinE to obey the Railroad Labor
Board because. he said the hoard
was not empowered to stop
strike: that the court had NJ
power to grant such an injunction
because the right 10 strike was
recognized; and that If you strip
this bill OF the conspiracy accusa-
tion because Of the lawful acts 81
the defendants then all there 10
left is to enjoin criminal acts OF
unnamed persons and not OF the
defendants in this bill"
In refusing TO dismiss the In
junction. the court stated Il was
taking RichberC's argument under
advisement. The government was
then ordered 20 proceed.
Referr 20 Delays tn Mails.
The government FIRST introduced
depositions enumerating the alleged
murders in shop disorders. A
statement from Postmaster General
Work regarding the delays in the,
mails was then introduced. fol-
lowed by statements regarding
destruction Of railroad property.
corresponding loss from hindpred
transportation and other points
This part Of the government cas.
10 apt to consume another day. as
thousands of cases are to be
brought before the court. This
evidence. blackburn Esterline de-
clared, is preliminary to the con-
spiracy charges. No attempt was
made today to hang any disorder
on any strike leader.
A jammed courtroom greeted At
torney General nauCherty when he
entered with his score of assist
ants. Strikers in overalls. railroad
presidents, members of the Rail-
road Labor Board. newspapermen
and photographers occupied every
inch Of space.
Evidence Piled fn Corridor.
Out In the corridor great piles
Of evidence. almost blocking the
way. was guarded by Secret Service
men. The government has about
twenty-five experts representing
every branch of Federal activity.
The unions. including the big
Four" brotherhoods. are also rep
resented by an imposing battery Of
legal talent.
Continuance OF the temporary In
junction makes the meeting of the
strike leaders discussing peaee
illegal. but obviously no attenp.
will be made to interrupt the ses-
sions. None OF the strike leaders
appeared In court.
I'VE are too busy TO go over
there" said Bert NJ. Jewell.
Acceptance of the Jewell plan +
Tor separate peace with each road"
said one spokesman for the strikers.
today, would admit defeat OF the
unions and would weaken our entire
organization, especially as IL per-