The Omaha morning bee. (Omaha [Neb.]) 1922-1927, September 12, 1922, Image 1

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    The Omaha Morning Bee
VOL. 82 NO. 74.
ttf4 m hw CIl Millar tii n. IM .1
w r. a. a at ti isjs.
l mH II 1 I !, m4 WW... M: Im. C M. l MM kt awk,
tkM IM at ti tH " M k. IK, k .
State G.O.P.
Is Opened
K. I). Howell ami Charle
Randall Speak at Kear
iiey National Innue
Are Dinc-urtM'il.
Simmons Wins Crowd
11 Mart I vrrmpoadnil.
Kearney, Neb., Sept. J I.- (Special
'I'rli gram.) K. II. J I. mi ll, reimbli
tatt candidate fur 1'nitcd Sttt- sena
tor; Charles Randall, candidate for
governor, ami lluli Simmon, candi
date lor cofigres in the .Sixth district,
opened thrr campaign here tonight
nt a meeting held on the opera house
H. A. Webber, chairman cf the
county central committer, presided
arid introduced the speakers. Music
was furnished by the State Industrial
School hand, in charge of K. V
Clark, superintendent.
Mr. Randall spoke in favor of
business form of state government
and modulation in the present nyi
ti-nt in keeping with efficiency and
economy. He flatly denied the ru
inor that if elected he was pledged
to retain the entire personnel of state
With clear-cut statements, Mr,
Howell outlined to hi audience the
issues of hi campaign, and was given
cloe attention when discussing the
collection of the great debt owed to
the ynited States hy r.urope.m na
Fivorg Irrigation.
Mr. Simmons captured the crowd
when he promised that if elected he
would use his best endeavor toward
promoting irrigation projects and es
pecially those dear to rejiaeni in wic
Matte valley. He said he believed
excessive rail rates was the principal
cause of unemployment, low wages,
the depression of manufacturers, the
plight of agriculture and the cost of
living generally. .
"I believe that agriculture is the
basis of our national prosperity, .Mr.
A. "and that the tarilf,
r.iimnli nmMrnis of financial and
of all other questions should be acted
upon in the light ot tueir etiecr. upon
Statements Denied.
CnU.n of the rumors which
have been put in circulation that he
has promised to retain an me ap
pointees now in state employ, Mr.
Randall said:
"On my return to the state after an
absence of 10 days, I am informed
that reports have been circulated that
I have promised in the event of my
election as governor to reappoint
all-the appointees of the present state
administration, and that I will op
pose amendments to the present code
bill. ' "
"Both of these statements are false.
J have made no promises to the ap
pointees of the present governor, nor
to any other person that would pre
sent me, in the event of my election,
40 select the men or women who are
itit qualified.
, Favom Amendments.
' "As to remedying any defects in the
Areient code law, I stand squarely
$n the republican platform, which de
Wares: 'We pledge the party . . .
to the principles of the civil admin
istrative code, subject to such amend
ments as four years of experience
(Inni to Paga Two, Comma Thr.)
Ratification of Tariff
Bill Due Wednesday
Washington, Sept. ll. The con
ference report on the administration
tariff hill was in the making today,
the republican conferees having
reached a final agreement on the
2,Mt points in dispute between the
senate and house after 17 days of
labor. Under present plans the re
port will be presented to the house
tomorrow and formally ratified
there on Wednesday. It then will
go to the senate, where leaders hope
for final action before the end of the
Compromises wcte neery on
practically all of the high spot.
Thus long japte cotton which the
senate had propowd to Ux at 7 cents
a pound, went back t the nee list.
hile th Us on uifr was nxed pound on lull duiv and I O
ffni on Cuban fw I he urnate
T4te ere M and 1 rrspecnvrly,
ami th hue Jte and 1 ft.
In ag 'remg to duty ot ,H rent a
Ttind on rw wool, scouted mnient,
tf ornate contVrees Jie'drd - "
vbttt the h" maua' i."'l,"
an iniieos vi h I-. cn over tbt
hn.e me With thi lrcrett trout j
tt i duty i ,t.l cnit. pound.
t ight ff,!uviiit wt nu ie til tlit J
t nireBi files vol wtHsSen g.Kl, i
Al!i'HiH both t! l;au nd ..!
' If i pf n4l III iiisMiu .
tf pte.dit id emt4i.i lueni"
,t'rK tftt ,ui.lfi ,r. l MS j
ruitliinunt ( r (mt jf, ilh i
I'uMKr Iff tH ff!lfn a kn it'
In for ! ! ts. iil tt:
J at IVrtUnl Vetrrh,
l'.l' t. ' " . H lvt
.!. l V.lmKt c. ot c .
1 in J ! I " imtT at i
lit Mt t I I gj
J h ', '.: 1 1
i 1,1 t .) ' I '4 i J.
IS' v.jWul It V t.tmH '.,
t i! . i t ''
ks tn tto t . t 1 -I
Cyclone Miller.
Box Lunch King
Killed in Fight
at Roadhouse
C) clone Miller Shot ly (J.
Cline, Koad Grader, )X'h
Formerly Lived on
Farm Near Wayne.
As Cyclone Miller, box lunch mag
nate, drove to "Mammy's chicken
house" on the Dodge road west of
the Peony farm early Sunday eve.
ning with Miss oenevieve Martin,
one of his employes, he talked of
selling out his business and said that
they would be married soon, she said
At U Sunday night he was shot and
killed by W. G. Cline, 55. a road
grader, after a dispute in "Mammy's
chicken house," which Miller owned.
An inquest will be held at 9 toady
at the Crane Mortuary.
At least one other girl among Mil
ler's 40 employes yesterday claimed
to be his tiancee. I his is .Dorothy
White, 15, who wears an engagements.
ring, xier inomer is aiso one oi sut
ler's employes.
- . 1 1 . . i - . i .- in '
Fires Nine Shots.
Cline, charged with the murder, is
the father of 10 children and until
recently was a farmer near Wayne,
Neb. According to his wife, he be
came involved in debt and had to
leave the farm. Since then he has
been working on grading gangs.
Cline, who was arrested by police
in his tent near the chicken shack,
said he shot nine times at Miller after
Miller had fired at him twice. Lm
ployes at the shack, who witnessed
the shooting, said that Miller did
not have a revolver and that Cline
did the shooting. Police doubt
Cline's story and said that he was
intoxicated when arrested.
Miller, who was 24, died in the
arms of Miss Martin, who was at the
shack with him. Following the shoot
hie she commandeered a passing au
tomobile and rushed him to the Lord
Lister hisoital. But he died in the
automobile as it sped toward the hos
I prayed lor him as the machine
raced toward the city, said Miss
Martin, whose engagement to Miller
was to have been announced soon,
she said. "He mumbled something
to me and died in my arms."
Girl Tells Story.
Here is the story of the shooting
as told by Miss Martin:
Cline came into the shaa ana
asked for a bottle of pop. He
drank it and then said: I want
seven more bottles. I got seven
kids home and want to give them
each a boitle.' Mr. Miller thought
he was ioking ad tried to talk him
out of it, but he insisted on hav
ing the pop.
'Cyclone then put the bottles in
a acK ana gave tnem io nun,
knowing that he had been drink
ing. He started to pay Miller, but
(Tnni to r Two, Column All.)
Who Said 'They
Ne?er Come Back"? .
He never used a "Lost and
Found" Ad in The Omaha
IU that's sure,
Beraus they rrtinly Uo
com back lt pwket
books. itf h, rng,
mon. and dog.
Mr. !. B. Goldman
hot hi fcuU fountain pen
and devidd t advertin
his ! in th "l,it nd
Found" folumn of Tb
Omaha B. Farly th
lint immrmi; U
rmm4 t him.
utir par isn't loot k
hum )4 Jrtp4 it
hf ) w4 wi djo-
town oatfljr-ll's simply
rm.!w until yuuSo lr;J
aa '"ho Ito "Iwtt nd
!Hd' "Waaf A4
f Iom aiil.t -
ton I M) - I UntiO
tm'O sit I aK f r a ' wl '
CI Uk.r
1 he 1" lure lihri
Un Jh$
in Slaying
Misi Genevieve Martin.
; ft
W. G. Cline.
Wifie of President
Continues to Gain;
Doctors Hopeful
Bulletin Issued in Evening
Shows Respiration Nearly
Back to Normal Op
eration Postponed.
Washington. Sept. ll.-rThe im
provement shown in the condition of
Mrs. Harding was maintained today,
according to the official bulletin is
sued by the attending physicians at
7:30. The patient enjoyed a "most
comfortable clay" the statement said.
While her temperature remained at
100. Mrs. Harding's pulse had de
creased to 90 and her respiration to
28, the night bulletin showed. Sur
gical procedure, it was stated, had
been "further deferred awaiting lo
calization of infection."
Thebulletin follows:
".Mrs. Harding's condition at 7:30:
Temperature, 100; pulse, 90; respira
tion, 2H. Laboratory observations
shows increased elimination and im
provement in character of findings.
General appearances indicate im
provement of complications. Surgi
cal procedure further deferred, await
ing localization of infection. Patient
has had most comfortable day during
the present illness. While all indica
tions show favorable progress, prog
nosis is sun guarded.
JNgned) C. L SAWYER. M. P.
The patient's temperature showed
an increase of one-halt" a degree
since morning but the physicians
nave mrecast that slight increases
would be met a the trratmrnt
revsed. On the' other hand, her
pulse showed a decrease of mx points
since morning and oi '0 nnintt since
iunday night and her respiration of
two points ,,me morning, being j
nearly imrnul.
II' t I i" ..""," i
, r ,,t '""m il MelllliiT :
l jiMi! t r I ttT M I Mrike 1 nomination tor governor m the rt
VtUlltir I it . N. J , Sept. li..'lhelln,Mil'" l"in,:r
shop run nke and tl. tiun.K lor a i i i-Tl I r iT i I
ifenntii tiikc ot ail ou4in4iioi, f Hine Nilletl, r ij;lit Injured
the Amrritan I r.teMH,.,, , Uh,,f , llrlt Trtlt k Strike Pule
a tfoitt ot the oh . 1 w .- , . .. h il...
tamed hv A.ofiuv t..m-. 4
l)auhrry .nut .tr.kiiw !
. ..t. I I,.... .
ol the tr.(t4tlll if:nird ill .,in
Ifreme t. .Uv
Mm of the tiu-iii!,ri oi the tutin
fi!, alllioiiS di ii":tu ii g tin- iuitinc
tio t ''Mo f. S r.l o-iili 1'id
a lhift (. '! '4tmr-i h'mr," t
jo.,,. : 'thrif oi'foi i!o;t t-J a i'Btr!
I t
Officrr in t ana.lian Air
Smii lr.iiir.l in W reik
-Homm, It I , vt I! VI !
C, I, I txxti, ' t tn lt
ht tt 4, - f -i-.if l saj
ilrm . S. , t', , , '
'! . i ' r I y.:- o 1 j I-,:- v IflO
i' ii t. i , t ' il ! f 4.
I i I l..r I t. 4 '
. I I' i f. !;,.! I.'-,I il si.
M fctf , 4,. t. ' ' . ' t H tf
i i g ' I . i I . I
, ,V I . 1
A on
ius Bill
Four Major Changes Made in
(!n!iieiiation Measure ly
Senate and Home
ow Tariff Action
Wellington, Sept. 11. (Hy A. P.)
- Conferee on the soldiers' bonu
j hill reji lu-d an agreement late to
; day and it was announced that the
; measure would be reported Tucs
'day to the house. It will not be
called up there, however, until after
ithr conference report on the tariff
; hill has been disposed of, w hich may
br on Wednesday or Thursday.
After the house acts, the bonus bill
will go to the senate where also it
is to be put behind the tariff.
I 'our major changes were made
in the bill in conference. They
Elimination of the Simmons
amendment authorizing the financing
of the bonus oiM of interest from the
foreign debt.
Elimination of the land reclama
tion feature, which, under the senate
plan embodied in the Smith-McNary
reclamation bill, would have involved
an expend.ture of $350,000,000.
The limiting of the time in which
veterans might file applications for a
bonus to J.tnuary 1, lyH.
Acceut House Plan.
Acceptance of the house provis
ion fixing the amount to be advanced
for farm or home aid to the amount
of the adjusted service credit in
creased by 25 per cent in place of
the senate plan of amounts ranging
from 10O per cent of the adjusted
service credit, if the applications
were made in IVJH or thereafter.
No important change was made
in the adjusted service certificate
cption with its provisions for loans
to veterans by banks in the next
three years, and for government
loans thereafter. The vocational
training aid option and the provision
for cash payments to veterans whose
adjusted service cedit would not
exceed ?a0 also were unchanged
No Word From Harding.
There still was no official informa
tion as to whether Mr. Harding
wouiu approve the measure in its
present iorm. but its proponents be
lieve he will, while opponents are
f'rmly of the opinion that he will not.
owing to a promised fight on the
tariff bill conference report in the
senate, it may be 10 days or two
weeks before the bonus measure
reaches the White House.
Two of the 10 conferees Senator
Smoot, republican, Utah, and Repre-
anhlinn ( . , ,1 - . 'T'
OL"lnl" viiii;i, uciuucrai, i cxas,
voted against the bonus as finally
perfected, while one manager, Rep
resentative Collier, democrat, Mis
sissippi, was absent. Those support
ing the measure were Senators Mc
Cumber, North Dakota, and McLean,
Connecticut, republicans, and Sim
mons, North Carolina, and Walsh,
Massachusetts, democrats, and Rep
resentatives Ko-dr.ey, Michigan;
Green. Iowa, and Longworth, Ohio,
Light Vote Expected
In Colorado Primary
Denver, Sept. 11. A light vote in
Tuesday's statewide primary election
in Colorado was predicted by politi
cians here tonight. The democratic
and republican parties will nominate
full state tickets and candidates for
congress. Seventeen state senators
and a complete lower house of the
legislature will be chosen.
The democrats have a three-cornered
race for governor, William K,
Sweet, wealthy Denver bond broker,
regarded as a liberal candidate for
the democratic nomination for cov-
has issued
Uiate r:a;ger law, construction of
! state-owned warehouses for storing
i f,r,.r.' ,:. -
uiaikrtins ktw similar to that in ef-
,V(I j Wisconsin.
Benjamin tiriti'ith, a Denver attor.
rt. and Earl C.kiIi v, now lieuten-
, governor, are contesting tor the
mr ttfr ;u-v,j he htn ,
iirmli. wh.H th.v ndtiiK
'"... H..W - '" I-'
! ii ( them l i a hlih bru4th t-t
linnta er.
M r!!r Hint ik'
It) Till: ll'ilt r oh OMMIV AND MtlMlY:
in obi tjur viImiiI k S4f i it Ifttital tsoiu t? U'sil
to tvi tlmbl I hi fi. hit tto'iiie rr iinpoiUnt (tut
titi.'n tr ib tiuua i.-ll' vt, iol hi!o n nhifo lm bn
itpildrnt m Uf ntoll upon owr own it.ift l!. hrr; t oi(.
I' a M i gh'H'l'it t.n n. trt)t,iv b t'ni 4.1 n 1 1 t to'"f HI
tl' trt" our ,Vk 4( Ivu h 4f th,- t.usior .f Hi.i,?.
ht itf trito. ,i lt A tin 411, if h f snd hIU its tn . ' ( Kr.
Iar im I.I t'uo;.l.t 4. iitits it 4 itOioot I irth ilsli
ft r U 1 .toa 4, i ir th - tl. nil 4H-I I. l ol r.t k (
at (!" tht ,;) n4k prdi funl.4r u b h n
t (Jopr. liiji IHiouglt li-r hiiiM li-.n ot out ,ity ,1 iin'j ! ,"
.;! t;.4
(rn.44i.ll IIKIIiwihI Will !- IH'll M
t t I t. 4m I
. t f i I tl 1
I1. ri! i.
n ;M.I
f a. o
-o. ' I ii vi.
A Standing
Move to Impeach
Daugherty Causes
Hubbub in House
Representative Keller Intro
duces Motion Denied
Privilege of Extending
Remarkg in Record.
Omaha Be Iiwed Wire.
Washington, Sept. 11, A move
for impeachment of Attorney Gen
eral Daugherty was made in the
house by Representative Keller,
Minnesota, republican, upon charges
of malfeasance in office, based large
ly upon his conduct in securing the
temporary injunction against the rail
road strikers in Federal judge Wil
kerson's court in Chicago.
The interrogation of the impeach
ment proceedings created a lively
hubbub in the house. In the course
of it Mr. Keller was denied the priv
ilege of making a speech or of ex
tending his remarks in the record.
He was forced to content himself
with making the declaration of im
peachment and the introduction of
the formal resolution, both of which
were promptly referred to the house
judiciary committee.
Unless sentiment against the at
torney general grows stronger, there
is little likelihood of the judiciary
committee making a favorable report
on the impeachment resolution to
the house. . A meeting of the com
mittee to consider the impeachment
probably will he called at an early
date and arrangements probably will
be made then to give Mr. Keller and
his supporters a hearing.
Inquest to He Held Todav
Over Partly Cremated Body
Inquest over the body of Demctro
Narar, known in Omaha as Joe
Davis, whose charred form was
found in the ashes ot a botitire in
the weeds at Sixth and Tierce
streets Sunday, will be held at the
Crane mortuary today, I'videncf
gathered by police and condition of
the body point to a probable murder,
according to Mr erettj t t.ii;e of
! the mortiurt.
I.eiirnot III.
V;n!iing'oit, Sept. II. --Mr
livitie I.. Itiir.n t, . 1 V of N'tiatnr
t..mH. ot V l,o t-rt
rrsignrd prrsidem ot (he cm-
arrsiMi4l tlnti tiv',4llie ot It'
I' ll tier yrsu.l4V t'.r Atuntic ov
to remirt4l.' tneio!. . 1 I 1
tMH v.r m''orntid tla ber Com!,- ,
tioi M4 (fiiuat..
'it'-.f :(!(
If v . t' 1
4Jtll4t ol I'.l I l.f.M'U I'U
I ! I . . I. .1 , i .
ut ti.. 41 i,
ii M t I i 1 , ' :1 1 i'.-
Army That Won't Demobilize
O'eimsht lilt )
Republicans Ahead
in Maine Election
Portland, Ma., Sept, 11. Thirty-
five election precincts out of 635 it.
the state give:
Hale, (republican), 2,678; Curtis,
(democrat), 1,552.
For governor: Baxter, (republic
an. 2,o7U; Tattangill, (democrat)).
1,579. The same precincts in 1920
gave for governor: l'arkhurst, (re
publican) 4,501; Mclnlyre, (demo
crat), 1,644.
Rail Priorities Halt
Work on Statehouse
Lincoln, Neb., Sept. 12. As the
construction of the new state capitol
is being halted by the manner in
which the priority orders of the In
terstate Commerce comtitission are
being enforced, the Nebraska state
railway commission has sent a mes
sage to that commission asking for
some modification of such orders
relating to the loading of car.
It has been learned that some rail
roads refuse to permit the loading
of coal cars with anything. The
federal commission allows the load
ing of empty cars on the way back
to the 'home road. Contractors
have protested that in many cases
building material cannot be shipped
under the present rules.
The state railway commission in
its message suggests that if the fuel
situation should become acute ma
terial could be limited to buildings
now under construction. It sets out
that the construction of homes and
rublic buildings is being delayed.
Sand is shipped hy rail to Ne
braska. It asks that loading in the
direction of the mines be permitted.
Bitulithic Paving Is
'Suicidal Expert Says
pinions that bitulithic paving is
"suicidal" and that the concrete
base at Ninetieth and Tacific
streets i poorly constructed were
expressed by ti. S. Hoag of De
troit, Mich., Lincoln Highway at
social ion head, in Omaha estcrd.iy.
Mr. llog. alter inspecting the
N'uieiuth and 1'acifie strerw rav
tm;, in company with member ot
th Oin.ilu Auto iluti and County
I oinnusioui r Stroud, stated that he
f.m.i l tvi.!ft..r of poor i
! no sure.
j A 4Mtt if,ioii i. , pec ted to.
jhi (be I'ottnty riiiniiiiioiirf
luiltl nii4tntj t.i u hu It aitlil riuti
lfl!irr, 1(j ,,t! rr
kxker ht
(lfr, united
w,,.,,,!,,, . .,1 h tiniolii Mt-bv
thiouti I inula lo tun et fuwi
th? Ii.hi.u iir titu!g t.i Issen
l lour;tt Hirt-t. Ihfti.f oiilh t I f
4'!i, 4i sniiount l hy Mr. Ho4i
Mint 1(14 4 iom. reiii
4n,siW4i.ol 0!!441-
llh K'ljh4
1 1 1 la ii tint Added t
, V. Wi..l Alcidiul Death
S o t I! t h ! ' i )
I' dm . ml o k" . k of t ' st'ii. I
tj, 4. 4IUJ lil I'll' s,.- 4,vf',..
'-4'h list yif.l4, '" tti f
i.i.l ti M K iv;.4 ' I ! 1 t
ttiib.l tt "ip! ) , Ki K i
I' Is-.lKtf .I..4I I. I 4 .. ! !
I .Ui-l j". ,'lll I it I kit . d ' i
. ... - , : o i '..! 1
'.-f,vl o. tlf. Ir .4 ' '!.
. j , H I . it '
C h n r c li Trustees
Denbunce Removal
p r T F 1
1 QI KeV. l)V. DUClUier
Board Meeting' at Aurora Re
. suits in Resolutions Decry
ing Retirement of
Methodist Minister.
Aurora, N'eb., Sept. 11. (Special
Telegram.) At a meeting of the of
ficial board of the Methodist Epis
copal church of Aurora this morn
ing, resolutions were passed de
nouncing the action of the Omaha
conference in retiring Dr. J. D. M.
Buckner from the Methodist minis
try. The resolutions are signed by
the following members of the official
board: S. Bott, E. W. White, G. An-
walt, Rlph Otto, Sam C. Stephenson
I). W. Call, Charles li. Fetcrson, K
Peterson, H. E. Toof. G. E. Funk, M
R. Worthington. G. W. Wood, T. W.
Haworth, H. H. Leymaster, K. M,
Cooper, C. S. Brown, A. b. Siek
mann, C. K. i.covilie, Ji. V. wooa.
Resolutions Adopted.
The resolutions follow:
"Whereas, The Omaha confer
ence ot the Methodist church has
seen fit to retire from the ministry
Rev. I. D. M. Buckner, who for 11
vears has been the faithful servant
of God and of the church here in Au
rora, and
"Whereas, This action of the con
ference removes from the Methodist
ministry of Nebraska one of the
strongest, ablest, most earnest and
sincere preachers of the church, and
"Whereas, Rev. J. D. M. Buckner
has for years served as a minister
of the Methodist church and with
great heart has ministered to the
suffering and privations of the poor
and distressed and has always prov
erf himself a good Samaritan where
he has labored, and has demonstrated
in the 11 years of his service in Au
rora that he is a great hearted, broad
minded Christian gentleman and
scholar. Be it
"Resolved. By the official board of
the Methodist F.piscopa! church of
Aurora, that we uiuiiialu'tedlv de
nounce the action of the conference
at Omaha in retiring Dr. Bttrkner.
lie it further
" Resolved. That v hereby an
1 rm to fat 1m. ! T w . I
Cmitrai t Kndinir Hard
Vm Strike Sijrned
Sv't4n'fn, Va. Sept II Th fun
tr a t lb4t nt 115 mi snthr ite
mine workers b k to work, at their
old .iae aHfr hem till tbn
in month wa lviit!i4o ivH'iI to-
.Utf bv ff ptenUIH PI lh
iii.J fiieiat't.
The Weather
Fk r i4 krnr Tu'oUy.
tleufty TmptiMtk.
sv a.
I . v
I . m
II it. at,
II Its .
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.... ...,
,. .... (
. . m k at ,
, S a Wm.
a ' I a. at, ,
. , Ik k a. at
H(M Ma4ay.
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New Order
E.f f ective
for 10 Days
IT. S. Judgo Grants Continu
ant e of HeMruining Action
Pending Final Pro
sioii in Hearing.
Unions to Present Case
Chicago. Sept. 11. (By A. 1'.) 1
The temporary restraining order
granted the government September
1 againrt the sinking railroad shop
craft and their leaders, tonight wa
continued in effect for nt to exceed
III day. The original order would
have expired at midnight.
Federal Judge James H. Wtlkeroii
ordered the continuance of the gov
rrnment's motion at the close of th
fimt day's hearing on the petition
of the attorney general for a permit
nent injunction to replace it. Thi
continuania, the court stipulated,
will terminate upon the decision in
the injunction hearing.
As a result of the continuance of
the injunction, hearing will he halted1
Tuesday morning while attorneys for
B. M. Jewell, president, and John
Scott, secretary treasurer of the fed
crated khopcratts, argue for the modi
fication of its drastic restrictions.
Donald R. Richberg, representing
the strike leaders, served notice upon
counsel for the government that h
would move modifications when court
convenes Tuesday.
Jewell and Scott were the only
two of the more than 240 strike lead
ers and 300,000 strikers affected by
the restraining order represented in
conrt by counsel today.
They lost the first battle when tho
court denied their motion that tha
government's petition be dismissed.
"I am not prepared at this time to
decide that the bill fails to set up any
grounds for relief,? Judge Wilkersoti
said, and ordered Blackburn Ester
line, assistant to the solicitor gen
eral to proceed with the presentation
of the government's esse.
In the argument over the con
tinuance of the restraining order,
however, the court pointed out the
difference between the charges of
"unlaw ful combination" and "lawful
combination to do unlawful acts",
and indicated that if the defense can
show only the latter is charged in
the bill, some modification of the
present order might be wade.
i he government read into the rec
ord a list of nearlv 25 murders grow-
ing out of the rail strike, and liter
ally hundreds of acts of sabotage.
assault, dynamiting, whipping, derail
ment of trains, burning of bridges, ,
rioting, destruction of property and
interference with tram's in interstate
Say List Improper Evidence.
The defense protested that the list,
compiled by the Department of Jus
tice and sworn to by C J. McGuire.
attorney for the department, was im
proper as, evidence, but it was ad
initted for the time being, on the mi
derstanding that the government:
would produce further facts in its
support. ' ;
On the same understanding Judgn
Wilkerson admitted a certificate
from Postmaster General Hubert
Work, showing that 953 mail trains
operating over track aggregating 82,
912 miles, have been withdrawn be
cause of the strike, and that deliv
ery of the mails has been iseriouslx",
hampered. Likewise, he admitted n
report from the director of agricul
ture of California, showing the falU
in K off in fruit shipments during
July because of the railroad ticup.
Eleborate precautions were takeif
to guard against any untoward iuci
dent. Special guards of Depart
ment of Justice agents have been de
tailed to protect the attorney!
and Judge Wilkerson. Long befcro
court opened, picked agents from
the radical squad were stationed al!
every entrance to the federal build.
tng, while the rest ol the available,
force was scattered through th$
Iowana Shooting Craps
Killed by lloldup
Deuison, la., Sept. 11. Brura
Rogers, an impl'ment dealer of this
town, wa ui::,v injured about 1 1 :J(J
!t rveniitg when two masked men
entered the k'iktk nhrre Rogers ard,
ome companioni weft shooting dic
and held up ibe group The bandits
ordered the tut 11 to up agkintt
the wall and then comu'enced ti
gather up i!e n'oney tHt vkk bir4
i'ed in the f.p liiti. Roer
lin ked at one of it bndi. Tht
nun fired and Rottm fell 'tS 4
bullet jut .'' ht l-.'-kf ! tcf
41 tb lnptu! btf k'wrtS .'it-.
I'vittet !! trgkii tsfi.k.r r
iinuty taat siiftt were toil tK.t t
nn ir 11 in a fokaiter, ioit i
been rut irt kt yet.
- 1
riatlsntoulli Striken '
HrKtuht Hero ly Marhl
A 4 inl ol klnkflt, k"ft t
hk,t ber emKt bj Jfy O Com
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