The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-09-16
RAIL STRIKE
INJUNCTION
CONTINUED
Restraining Ord e r
Against S tr i k e
Leaders Will Re
main in Force Pend
ing Court Hearing

ing Court Hearing
ss Chicago, Sept 1l-The tenn
porary restraining order granted
The government September l
against the striking railroad shop
crafts and their leaders tonight
was continued in effect for not 70
exceed ten days The original or
der would have expired at mid
night
Federal Judge James II. Wilker-
son ordered the continuance on the
governmenf's motion at the close
Of the first days hearing on the
petition of Attorney General
Daugherty for a temporary injunc-
ton TO replace it. The continuance.
the eeurt stipulated, will terminate
on the decision in the Injunction
hearing.
AS result Of the continuance
the Injunction hearing will be
halted tomorrow morning while
attorneys for B. NJ Jewell. presi-
dent and James Scott, secretary
treasurer Of the federated shop
crafts, argue for a modification OF
its penalties. Donald r. Richberg,
representing the strike leaders,
served notice on counsel for the
government that he would move
some notifications when court
convenes tomorrow.
Jewell and Scott were the only
two OF the more than 240 strike
leaders and 100000 strikers af-
fecled by the restraining order
5 represented in court by counsel to-
day.
Lose First Motion
They lost the first battle when
the court denied their motion that
the governments petition be dis
missed. II am rot prepared at this
fine to decide that the bill fails
to set up any ground for relief, I"
Judge Wilkerson said, and ordered
Blackburn Esterline, assistant to
the solicitor general to proceed
with the prosecution Of the gov
ernment's case.
In the argument over the con-
tinuance OF the restraining order.
however, the court pointed out the
difference between the charges Of
unlawful com nbination and law
full mbination< TO do unlawful
acts and indicated that if the de-
tense can show only the latter is
charged in the bill some modiica-
1fon Of the present order might be
made.
The government today read into
the record, a list of nearly twenty
i've murders growing out Of the
rail strike. and literally hundreds
OF acts of sabotage. assault. dy-
namiting, whipping. derailment OF
trains. burning OF bridges. rioting,
destruction of property and inter-
ference with trains in interstate
traffic
Must Produce Facts
The defense protested that the
list compiled by the Department
: OF Justice and SWORN to by G. J.
Mcclure, attorney for the depart
ment, was improper as evidence,
bar it was admitted for the time
being. on the understanding that
the government would produce fur
ther facts in its support.
On the same understanding
Judge Wilkerson admitted a GER
tifieate from Postmaster General
Work, showing that 9a3 mail
trains operating over track ag-
gregatiag s2,912 miles have been
withdrawn because Of the strike
and that delivery of the mails has
been seriouly hampered. Likewise
he admitted for the time being a
report from the director of agricui-
ture OF California showing the fall
ing off III fruit shipments during
the month of July because, OF the
railroad. tie-up, the need Of cars to
move the crops, and petition OF
California fruit growers to the In
ferstate Commerce Commission set
ting forth their needs Of cars.
Attorney General Daugf1erty was
surrounded today by one Of the
heaviest batteries of legal talent
the government has ever assembled
in a Chicago court. Besides Mr.
Esterline, he is supported by }. W
II. Grim, assistant attorney general;
James A. Fowler. Oliver E. Pagen
government Indictment expert and
A. A. Mclaughlin. all three special
assistants to the Attorney General;
Charles II. Cline. district Attorney
and C. j. Mcclure, attorney. Mr.
Mclaughlin also represents the
railroad administration.
Mr.. Richberg, local attorney fol
Messrs. jewell and Scott, was as
sisted by Frank T. Mnlholland, OF
Toledo. Two attorneys for the
Brotherhood of Locomotive Engi-
neers, Tom Stevenson and Oscar
Horne. of Cleveland, sat at the de-
tense table, but only as lookers-on
Hope Appreciates Big Vote