The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-12
Injunction Hearing Halted
While Shopmen Argue For
Modification.
Union Loses First Battle When
Court Denies Petition For
Dismissal.
Strike Back AT Daugherty
With Impeachment Charges
In Congress.

chicago. sept li.--CRy the Assoc!at-
81 rrcssD The temporary restraining
order granted the government September
aEa'ns, the striking railroad shop
crafts ana their leaders. tonight was
continued III effect for not to exceed ten
days.
The original order would have expired
at midnight
Federal Judge James H. "lIkerS"h
ordered the continuance on the govern
mcut's motion at the close Of the hrst
DAVIS hearing on the petition of the
attorney general IL VI. Daughcrty. FOR
il temporary injunction To replace H.
The continuance. the court Supu!ated'
will terminate on the decision in the
injunction hearing.
As a result of the continuance. the
injunction hearing VIII lie halted t"m"r-
row morning while attorneys Tor B NJ.
Jewell. president. and John Scott secre-
rary treasurer nf the federated sh"p
crafts. argue for modification or NS
penalties. Donald r. R!ohberg. repre-
srutiu. the strike leaders. served notice
ON crusrl for the government that ne
would move some notifications when
court convcncs tomorrow
Jewell and Scott were the only tw"
uf the more than 10 strike 'cadcrs and
%uO nGO strikers affected by i;.e restrain
lu. order represented N court by coun-
sci today.
Shopmen Lost First Battle.
They lost the hrst battle whcr the
court denied their motion that the gov
'crnmcnt's petition he dismissed. ! am
not prepared at this time TO decide that
the hIll fails To set up and grounds for
relief" Judge Wilkerson said, and or
dered Blackburn Estcrlinc assistant to
the solicitor general. 10 proceed Win
the presentation Of the government 5
case.
In the argument over the continuance
OF the restraining order. however the
>,eourt po.nted out the difference between
the charges Of unlawful combination
and "lawfu! combination TO do unlawful
acts" and indicated that II the defense
can show only the latter Is charged in
che bill some mobilization OF the present
order might be made.
The government read into the record
n list Of nearly twenty-five murders
growing out OF the rail strike. and inter-
ally hundreds OF acts of sabotage, as
sault, dynamlting. derai!ment Of trains
, burning OF bridges, riot!ng. destruction
OF property and interference with trains
in interstate commerce
The defense protested that the ilst
, was improper as evidence. but !; was ad-
. m!t,ed for the time being on the under
4 standing that the government would
, nroducc further facts in its support.
/ ON the same understandings Judge
WiIkcr~on admitted certificate from
Postmaster General Work showing that
g5S mail trains operating over track
urrreEat!ng Hg9l2 miles. have been
/ Withdrawn because OF the strike, and
! that delivery of The mails has been Sc
; riouSly hamDercd Likewise he admit
ted for the time being report from
the director of agriculture OF California
showing the falling off in fruit snip
mrnts during the month Of July because
q; the railroad t!e-up. the need OF cars
to move the crops and petition of the
rrun; growers 10 the interstate com
uerce commission setting forth their
need for ears.
Conference Adjourns
Chicago. Sept ll.lBy the Associated
Press &c., After an all day session iht
policv committee Of 30 and the inter
national presidents Of str!kig railroa,
Shou crafts adjourned late today TO re
convene at ? O'Clock tomorrow morning
,o continue the discussions OF the strtk,
situation. according to b. NJ. Jewell heaC
. Ui the strikers.
Nt the conclusion OF the session Mr.
Jewell dictated a statement to news