New-York tribune., 1922-09-19
Wilkerson Kills
Hope of Ending,
Strik w rit
Chicago Judge Denies Plea
OF Union TO Throw Out
Governments Affidayiss
Alleging a Conspiracy
Lawyer Charges Perjury
Court In'irnases 1t VII
Refuse Motion to End 10.
Day Res raining Order
Special Dispatch to The Tribune


CHICAGO, Sept. 1s.-Judre W;,ker.
! son this evening dashed the homes of
/ the railroad shorten of having the
Sovernm ent's rail injunction set aside
%hen ne declared the plea of Donald r.
Hlchperg' union counsel, to strike the
governments conspiracy affidavits from
the records. He ruled, however, that
certain of the affidavits would NOT he
considered because they were of doubt
full value. N''
In ruling the court intimated that it
Will refuse also the shopmen's motion
to dismiss the ten-day restraining or
der which has been placed ON the in
Junction during the hearing Attorney
michDerg !a characterized the afidavits as
neafsay, and lin some cases deliber-
ate perjury: The hearing. which
starred last Monday, probably will con-
''nue 10, at least two more days.
Mr; Richberg represents Bert M.
'ewen' president, and John Scott, Sec
retary treasurer, of the railway en-
ployees department of the American
Federation of Labor, but, he asserted
to-day, ne is in effect counsel for all
OF the nearly 800 defendants because
any action applicable to Jewell and
Scott wou affect the others.
Defe, tive Equipment Blamed
Defective equ pment, Mr.. Richberp
said was responsible for disasters in
the course of the strike, and any vio-
lence charged against the strikers
might as we'll be blamed on weakened
ro ling stock. The thousands of af-
fidavits presented by the government,
he argued, fai ed to connect the strike
leaders with sabotage.
Mr. Richberg isisted that the gov
ernment cannot proceed against the
strikers as it did in the Debs case
/ because it has no proof to connect the
shopmen with violent incidents of the
strike; there was abundance of proof
against Debs, he argued.
Setting a time limit on the hearing,
said the lawyer, has rendered it. inn
possible for the defense to exercise
its privilege of examining the prosecu-
tion's evidence. He declared it would
require the expenditure Of 100000 to
check the thousands of affidavits and
reports.
The defense attorney said the gov
errment had fundamental miscon-
certicn" Of the purposes of the shop
crafts organization, and read from the
constitution of the railway EMPLOYEES
department Of the Federation of Labor
to show what he ca led the "absur.
dity" of trying to charge it's leaders
with conspiracy.
Department Is Autonomous
Each of the several unions in the
department is autonomous, he said
Their association is only a banding
because of common purposes. The de-
partment has no authority to direct
any member of the union. Jewell and
Scott, he declared, have no executive
function in the affairs of the various
unions.
at is an outrageous misuse of the
powers Of equity to prevent the law.
full promotion of STRIKE" insisted Mr.
Richherg. "If we are to limit the
right of men to stop work we virtually
force them into involuntary servitude. >
Judge Wilkerson interrupted the at.
torney to ask:
Don't you think that men who dc
public work do so under certain
limitations that do not affect other
men? Do you think that it would be
right for all the railroad men in the
country to quit work?"
cabs olutely not," said Mr.. Richberg
"If all the railroad men were to quit
work the problem would be one OF
legislation. The judiciary must al
ways wait on legislation"