The New York herald., 1922-09-14
RULES Rail VIOLENCE
| EVIDENCE IS PROPER
Court Rejects Union Motion
to Cut Short Reading of
10000 Affidayits.
NEEDED IN CHARGES
Says What Government Is
Showing Is Essence Of
the Injunction
CONFESSIONS ALLEGED
CONFESSIONS ALLEGED
Daugherty Notified Five Okla.
hOmans Admit Destruction
of $500,000 Bridge.

Special Dispatch TO THE NEW York HERALD.
CHICAGO, Sept. 13.-Federal Judge
Wilkerson to-day, in a statement in
open court. made it plain that he re-
CARDS the thousands Of affidavits show
ing violence and threats of violence by
rail shop strikers are appropriate evil
dence in support of Attorney General
Daugherty's charge that the strike is
conspiracy aimed to obshuct inter-
state commerce.
He refused to act on requests Of at
torneys for the shop workers union to
cut short the reading of the 10000 affi-
davits offered in the case by the Gov
ernment. He declared, in response to
such suggestion by Donald r. Rich
berg, attorney for the shopmen,. that
he believed the Government was pro-
ceeding properly to sustain its con-
spiracy charges.
The court warned the attorneys for
| the Government that the temporary re-
straining order would expire September
% and could not be extended. even IL
the present hearing on an injunction
to replace 1t were not completed.
VIII End Case in Ten Days.
| Blackburn Esterdine, Assistant Solic-
itor-General. assured the court the Gov
ernment could complete its case before
the time limit expired and said he hoped
| to finish the reading of the affidavits
by Friday or Saturday.
What the Government is now show
ing is the very essence of the injunc-
tion.' Judge Wilkerson declared. AS
suming that the decision of the rail-
read labor board is not binding ON the
understanding that they had the
right to strike--suppose It is shown here
by satisfactory evidence that the pur-
pose OF this combination has broadened
out so that the intent was no longer
to carry on lawful strike. but to wage
direct, malicious assaults on interstate
commerce for the purpose of bringing
pressure TO Dear on the railroad labor
board and others concerned 10 yield to
the demands of the union. then we have
an altogether different situation from
an ordinary strike.
II believe that II Is important for the
Government to produce evidence to show
that the theory stated In their bill is
correct, or that they fail entirely to
make II out" NN4
"Disregarding the contention Of the
defendants that acts of violence have
been seriously exaggerated. that large
percentage have been provided or actu-
ally brought about by agents or en-
ployees OF the railway companies. 1t can
nevertheless be conceded that a suffi-
cient number OF acts OF lawlessness In
various parts of the country can be
proved 10 make II desirable to utilize any
lawful power OF government in a law.
full way to prevent such acts" said Mr.
Richberg in asking a limitation on the
reading of affidavits.
This has been the position OF tn,
railway employees organizations from
the beginning. They have not opposed
! any of the injunctions issued and score.
of these injunctions have been issued anS
they have taken the position that the,
welcome every effort on the part Of Gov
ernment authorities and would cooper
ate with such effort to prevent. restrain
and punish lawlessness and violence"
strikers Confession Alleged.
Mr.. Daugherty In the afternoon receive'
telegram from Secret Service opera
tives in oklahoma saying five strilSinl
railroad shopmen have confessed to tn
recent blowing up of a $500. 900 railroa,
bridge in that State. Mr.. Daugherty di
rected J. ID. Rooney OF the Bureau o
Investigation to have copies OF the affi
davits containing the confessions sent 4
/ Chicago for use IN the injunction hear
ing.
Use of airplanes in spreading strik
propaganda among shopworkers EN-
ployed in strikers places was disclose,
in one OF the affdavits read by MI
Esterine.
The sworn statement was signed b,
r. f.. Taylor and w. +. Howard, EN-
ployees OF the Santa Fe Railroad at Gle
burpe, Tex. They said that on July
an airplane circled over the Santa +
shops at Cleburne and dropped card
predicting victory for the shopmen'
strike and exhausting the vocabulary O
verbal abuse in describing those workin
in the places OF the strikers.
The majority Of the afldayits deal
with reports from strike headquarter
or statements by deputy United State
marshals and rail workers. The strikers
bulletins tended to show satisfaction
over the breakdown OF rail equipmen
or the holding up Of traffic.
The afiidavits OF the rail workers an,
deputy marshals. however, were OF
more sinister nature They told Of de
riding shouts at them while at work, o
being kidnapped or beaten. OF stone
hurled and OF threats OF greater violenc
unless they quit work.
One was the story OF worker a
Slater. Mo-. who was kidnapped. fiogged
tarrcd and feathered. Photographs wer
submitted 70 show his condition. Tn
worker named his assaiants. Anothc
was OF an employee who had been tor
tured. Captured by alleged strikers, h
was held while his captors dIscusse
methods of punishment. Some were Il
favor OF placing pebbles In his shoes an,
forcing him TO walk before an automo
bile. Others wanted 10 tie rope aroun
his neck and drag him with an auto
mobile still others wanted TO beat him
The last prevailed.
At the conclusion Of to-day's hearinl
$50 afiidavits had been read into I'll,
record.
rsnv A vrNns N