Evening star., 1923-05-01
A. FL. DROPS FIGHT
ON DAUGHERTY RAIL
STRIKE INJUNCTION
Counsel for Shopmen Aban-
dons Case "a Hours Before
Chicago Hearing.
BY the Associated Hress.

BY the Associa ted Tress
CHICAGO. May 1.-Leaders Of the
strike of railroad shopmen today
against the federal Injunction OBJ
tained by Attorney General Harry NJ.
Daugherty last September. and an
nounced that their principal corten-
tions i'll the case had been upheld.
The announcement by counsel for
the defendants, coming twenty-four
hours in advance of the hearing on
the governments application for a
permanent injunction, caused Black
burn Esterline. assistant solicitor
general of the United States. inter
preted the action of the defense as
amounting to a default which he
termed "fiasco"
ShOpmcn Are Sattfed.
After announcing that all attorneys
request Of the officers of the railway
employees department Of the American
Federation of Labor. Donald r. Rich
berg OF defense counsel. explained that
ne shopmen were satisfied with the
situation and that the government could
hnd such satisfaction as they could
and do as they wished with the case
He made public letter addressed to
himself. Frank l.. Mulhoiland of Toledo,
Ohio and James Easily Smith of Was h
ington. the attorneys for the defense,
from &. NJ. Jewell. president of the
railway employees department, and the
other leaders. explaining their view of
the case.
Involved Right to Strike.
The case. the letter declared, in
volved the right to strike. and the
government had called the strike a
pose was to seek to establish that a
concerted refusal to accept wages
and working conditions aS fixed by
the Railroad Labor Board was un-
lawful. In this connection the shop
mems leaders referred to the Su-
preme Court decision in the case of
the Pennsylvania railroad against the
Labor Board, in which the court held
that 1t was not compulsory to abide
by the boards decisions. although
holding that there was a moral con-
Straint to do so.
AS to the government bill of COM
plant in support of the application
for permanent injunction against
the activities of the defendants in
support of the strike, the letter de-
c1ared:.
The nationwide strike no longer
exists"
Attempt to Make Ban Permanent.
Tomorrow's hearing was to be the
attempt to make perma-
nent the temporary injunction grant
ed by Judge Wilkerson last fall, re-
straining the shopcrafts. who were
then on strike on all roads. from in
reference with interstate commerce
Blackburn Esterline of Washington,
assistant solicitor general, who CON-
Quoted the governments suit for the
temporary injunction, issued the fol-
lowing statement on the withdrawal
of the defense counsel:
The legal significance of the with
drawal from the case of counsel for
the defendants and failure of the de-
PENDANTS to substitute other counsel
is that the defendants have no de-
fense and will allow the case to go
by default.
VIII Proceed Tomorrow.
This is a decided change in their
attitude. as they have persistently
ment representatives that the suit
was commenced and prosecuted from
Interior motives and not in good
faith. The final separation and sub
of the governments case Is
in the hands Of Jacob NJ Dickson and
Orville j. Taylor. Chicago lawyers
and notwithstanding the withdrawal
of counsel for the defendants, we ex-
pect to formally begin and proceed to-
morrow.
The fiasco of the defendants
abandonment of the case is on a par
with the loudly proclaimed attempt
to impeach the Attorney General, the
dismal failure Of which is still fresh
in the public mind"