THE ST7MXER WATCHMAN, Esti CONSOLIDATED AUG. 2,3 NOONAN " APPEALS T0C0?RT Supreme Court of Dis-j trict of Columbia is Asked to Set Aside j Chicago In junction Washington, Sept. 7 (By the As sociated Press).?Legality of the order obtained by the government i from Federal District Judge Wilk.- I erson at Chicago, restraining thej striking railway shop 'crafts and the railroad brotherhoods from in terferring with transportation in prosecution of the shopmen's] strike, was assailed today in a suit j filed in the supreme court of the District of Columbia by the Inter national Brotherhood of Electrical Workers, one of the organizations on strike. The question of juris diction of the Chicago court was; also raised by the petition, which I denied that the plaintiffs had been j guilty of any illegal act "before or j since" July 1. The electrical workers asked a ; permanent injunction to .prevent i United States Attorney Gordon j and. United States Marshal Snyde. from enforcing locally the provis ions of the Chicago order. Within two hours after the filing of the i suit?which was set for hearing next Saturday?Mr.- Snyder had served formal notice of the Chi cago injunction on J. P. Noonan, president of the electrical workers, on -most of the other local leaders named as defendants before Judge Wilkerson, and was instituting a search for William H. Johnston, head of the Machinists' association, who was said to have "disappeared again" afjer visiting his office. The machinists* leader, according to some of his associates, however, had left for Chicago before Mar shal Snyder' started out .with the official copies of the restraining order. While the electrical workers' petition was said to have been solely on their own behalf and without i eference to the other six unions on strike. Mr. Noonan said they expected both the temporary order, which they hoped would is sue Saturday,^imh^^e^ permanent writ to have a nation-wide scope. Officials of the department of ?justice would hot comment for publication on the recourse of the strikers to the courts, but unoffi cially they expressed the opinion that if the supreme court of th* District of Columbia shouid grant the temporary restraining order, jl would open .wide avenues leading to possible upsetting by courts of other jurisdictions of injunctions and restraining orders granted by the district supreme court?such a3 these in various packers and other important cases?under the Sherman anti-trust and Clayton acts. The entire question, it was said unofficially, centers on Section 15 of the Clayton act, and Section 5 of the Sherman law. which pro vide that in suits brought there under, the judge of any federal jurisdiction', if in his judgment it is deemed necessary to protect the government or the purposes of r-.n injunction, may have the power to subpoena witnesses and defendants in other jurisdictions. While references to alieged secret negotiations at various unnamed places looking to sepa rate settlements with individual roads continued to be hear! throughout the day, these still re mained tonight in the status of "unconfirmed reports." Some administration officials who have kept in personal touch with one or both sides to the controver sy throughout its progress reiter ated t^day they had reason to be lieve that the prospect. for settle ment of the Strike dn several indi vidual roads appeared to be im proving. It was, said that B. M. Jewell, leader of the striking shop men, had been in touch with sev eral of these recently and while officially the department of justice vras not advised of Mr. Jewell's whereabouts, it was indicated that e.dministration omcial* had "a well defined idea" of his activities. It was intimated by some in the con fidence of Presidnet Harding and Attorney General Daugherty that any persistent attempt to obtain service upon Mr. Jewell had been deferred because of tin* belief tha* he was engaged in negotiations which might bring a settlement of the strike within the realm ot Justifiable hope. Attorney General Daugherty was said to feel that the strike situation as it directly affects the law en forcement branch of the govern ment, had en the. I case was called in Chicago Monday. ONE KILLED, I THREE INJURED j Engine Turns Turtle Near Macon Maeon. Sept. 11.?Conductor I>. H. Lasuer of Vidalia, was killed and three others seriously injur ed when a Macott-Dubiin-Savannah engine turned turtle near here to day. j lives would go in agreeing t<> a j modification of the temporary or J der was not stated, but those in [close touch with the administra I tion were sanguine in a prediction I tonight that it would (>a t].>- govern j ment's own motion before 121? - court next Monday. The attorney general and his advisers were said to have come t 'six captives who escaped the massacr? at the barbed wired fence in the timber. They were recap tured and led back to the ceme tery. There they were shot down. One of them lived and the other ! five died. The second indictment names nine men in connection with the hansring of Robert J. Anderson. , Sparta, Mich., at the Southern II j linois strip mine. His body was riddled with bullets after he had I been hanged. In the indictment there are two counts, one charging |t!>e shooting and the other the ! hanging. The third Indictment concerns j the slaying'of John Shoemaker, i He and K> other of the non-union I mine employees who had surren dered under a flag of truce were [killed at the barbed wire fence in j the timber near the power house. I In this indictment i'7 men are 'made co-defendants. Five of them hue named in other true bills. They include John James Brown (ne [gro deputy sheriff). j The fourth indictment is for the [slaying of .lohn Shoemaker, and [charges Hubert Walker with com ' mitting the slaying. He i> the only one named on that indict ment. Otis Clark, the first one to l>" indicted and the first one tc*be arrested, now held in the county jail, is also charged with the mur der of Shoemaker in tic- indict ments returned today. ^ Hoffman's body was shipped to Indiana, and never was buried in the potters fi'-td at Herrin. Anderson v.as alleged by the miners at the time of the massa cre, to have lired a machine ;run. and he was hanged for that. Shoemaker was th<* father of three young children and was a brother in law of J. W. Lester, owner of the grip mine. II?' was acting as assistant superintendent a; the rinse et' the massacre. He was a rivil and univer sity graduate. According to the testimony of one of the massi er?- victims who escaped. Shoe maker's body was treated to manv indignities and one final shot was tired into the body to make sure he was dead. Many of those indicted arc miners, hut a few are engaged in other occupations. Special depu ties are now out arresting the men wh?? were indicted today. A skeptic is a tilling station man who is" a lit?<- suspicious of the customer who runs his engine while having his tank filled. at I)c thy Country's, Thy God's and ay, September 13, 1922 1 Champion st member ever selected for the Davis can come to, a tennis player. His Yonkers, X. Y., is responsible for his nable to wait for dinner, trying his NEGRO EDITOR I FINDS HUMAN ! HAND IN MAIL i ? ? Is Warned to Keep j Out of White Men's Movements, Signed I K. K. K. ! Xew York. Sept. 5.?A package 'containing a human Wt hand, evi jdently that of a white man. and n i letter signed "FC. K. K." threaten j ins: murder, was received today by j A. Philip Randolph, editor of a ne j gro monthly magazine, '"The Mes 1 senger." The package, which bore ?a wrapper marked "from a friend. ! Xew Orleans." was opened by the ! police. j The letter warned Randolph t :? jkeep*out of white men's movements land to unite with his own rac* ! Randolph said he believed it was 'sent by his eneniies in the south, 'and that it referred to a recent [controversy between himself and I Marcus G?rvey, president of the i provincial republic of Africa, and : editor of "The Negro "World." I After telling Randolph that his i movements have been watched, the author of the letter warns hin> ! against interfering with anything j that may happen in the south. It : concludes: ! "Now he careful how you pub i Iish this letter in your magazine or ! we may^have to send your hand to J some one else. j "Don't think we can't get you and (your crowd. Although you are in ! Xew York city it is just as easy a*? [if you were in Georgia. If yor [can't unite with your own race, we ( will hud out what's the matter with ; you all." !NEGROE~ FIRE SHOTS Race Through Clear brook. Va.. in Automobile Winchester. Va.. Sent. S?A ]>;?!:?(;.? of eight shouting and swear ing n**;rro?\-: shot up the village of i Clearbrook and wounded one citi ; zen early today as they raced I through the town in an automo ' bile. Stuart WhetzcII, garage proprie tor, was shot in the leg and bul let's narrowly missed a Saganaw. Mich., touring party, composed of Mrs. Helen Jeffries and son. Mrs. t Alderman. Miss Margaret Wenby and Robert Carden. who ha:. II. Georges Clem enceau is going t<> the ITnited 'States primarily to plead the cause oi France, he told :t corre spondent of the Petit Parisien. He j expects to start in November, and ; will deliver four lectures. !f winter comes, will the freight trains be far behind'.' Truth's." PERMANENT ! i INJUNCTION I IS SOUGHT! I _ I Two Carloads of Evi-j dence is Carried to Meeting in Chicago, j j Chicago, Sept. 10 (By the Asso ciated Press).?With the arryial to ' day of Attorney General Da?gherty the stage was set for the hearing in federal court tomorrow of the government's application for a per manent injunction against the striking railway shopmen. John W. H. Crimm, assistant at torn ey: general, accompanied Mr. Baugherty. They were preceded yesterday by Blackburn Esterline, assistant to the solicitor general; Oliver E. Pagean, the government's indictment expert, and two carloads of evidence, which, it was said, would be used in an effort to prove a widespread conspiracy to crip pic the nation's transportation ma chine. The existence of such a plot was charged directly by the attorney general when he obtained on Sep tember 1 what has been called the most sweeping temporary injunc tion ever issued in such a case. Leaders have not only denied the existence of a conspiracy but have demanded the vacation of the or der against the shopmen and tak en the ground that the government has failed to make out a case, ihe injunction is in violation of the Clayton act and that it was obtained through misrepresentations for "ul terior and unlawful" motives. In preparation for the govern ment's battle to make the injunc tion permanent federal agents were said to have collected evidence from all parts of the country, including thousands of telegrams, letters, photographs, blue prints and books, tools of violence and transcripts of statements of some 17,000 individ uals. All of this evidence, it was said, would be used in an effort to show that since the strike began there [have been 25 murders and that 60. [000 railroad cars have been tamper j ed with and 14 railroad bridges burned in the last 70 days. An ef fort would also be made to show, it was said, how such violence was directed and the details of plans to broaden the scope of a campaign of terrorism as the strike progressed. Tomorrow's hearing will be be fore Federal Judge H. Wilkerson. who granted the temporary injunc tion. ' Representing the union lead ers and opposed to the brilliant ar ray of government counsel will be Donald RIchberg, a young Chicago attorney and personal counsel of B. M. Jewell. Mr. Jewell himself and John Seojt. secretary-treasurer of the organization, were also expect ed to be in court. Government agents indicated that if the two union leaders appeared they might be calledO the witness stand and grilled by the government. Another plan to subpoena ever? one of the 2 40 union leaders and place them on the stand was be ing discussed tonight by the govern- j ment representatives. It was indi- ! cat cd that no definite decision on j this procedure had been reached \ and it waa indicated that if carried into effect it wuld prolong the hearing for many weeks. While, a corps of federal agents were sorting over the government's evidence for the court hearing which is scheduled to open at 10:30 in the morning, union leaders from ?all parts of the counrty were arriv ing for a meeting of the shop [crafts policy committee of 90, which j has been set t begin in an outlying j hotel a half hour earlier. The call j for the meeting of the policy com j mittee which alone is empower j ed to act on any peace proposal was sent out by Mr. Jewell last week following his return from the cast, where he was reported to have had conferences with several railway executives. Shortly after his return a meeting of officials representing some 30 railroads was held in Chicago but adjourned with out making any public annouoee j ments. j At the beginning of its 11th {week, the strike v.as estimated to j have cost t?ie men who walked mst j on July 1, more than ?I00.000.0?? I in lost wages. It was called fol j lowing a decision of the Cnited I States railroad labor hoard, cut j ting the wages of the shopcrafts ^mpioy* ^ appr .xiu-a:- ! ? $50.000 - 000 a -ear. After the <*rik{ tc-j . had gone out Mr. Jewell ignored an j order to appear before the board I and explain his action. The hoard then iss?i?d a ruling which was 'generally interpreted as "outlaw ing" the strikers, although the word j "outlaw" was not used. The order Isaid that new employees taking the I places of tiie strikers should not be ? regarded ay strikebreakers, that I they were entitled m> the ?'"II pro jection of the government and j should have the support of the ! public in keeping the roads in op j etation. i A threatened spread of rh-- strike i to some 400.000 maintenance of way men was prevented when the 'h?.;ird agreed to an immediate i rehearing of the wage reduction or der applying to them on the grounds that the e.jst of living had increased sine*- the order was hand ed down. Any wage increase granted was to he retroactive to July l. the date when the reduc peon. THE TRUE SO tn GREEK FLEET LEFT SMYRNA HARBOR TODAY jAmerican Detach ments Landed From Warships to Protect ! Foreign Population j ?Turks Near Town i Smyrna, Sept. 9, 6:55 p. m.?The i Greek fleet left Smyrna harbor this ; j afternoon, and the Greek conimis-, ? sioner of police plans to embark 'tonight. The allies will? probably i occupy the town tomorrow. Amer ican del..jhments were landed at i noon today from warships for the j protection of the foreign popula tion. Naturalized Americans have ? been instructed to leave town. The j Turkish nationalist vanguards are j reported only fifteen miles from i the city. Turks Bombarding Town of Smyrna j Athens, Sept. 9.?Smyrna is be i ing bombarded by the Turkish nat ionalist's. Nine airplanes from the ? Greek naval base there arrived : here this morning, the airmen ; telling of departure from the city ; under artillery fire. As they left ! the Smyrna airdrome a shell drop ' ped the tenth plane as it was leav j ing the ground. ! GREEKS FLEE FROM SMYRNA j London, Sept. 8.?The Greek j high commander in Symrna, M. j Stergiades, to'day handed over the ! town to the allied consuls, accord ing to an Exchange Telegraph dis j patch from Smyrna, j Allied naval detachments were : landed Thursday, the dispatch says: j j Smyrna, Sept. S (By the Asso ; ciated Pre_s).?The political and ?military authorities of Smyrna to day began evacuating town. Em j barkations are under way from ? Smyrna. Yurla and Chesmee. I Remnants of the . Greek army ! have arrived 12 1-2 miles from j Smyrna but the Turks apparently ; are not closely following them. :"Volunteers in Smyrna vainly are ? trying to enforce resistance against ? the Turks, but it is believed here that Mustapha Kemal Pasha, the {Turkish nationalist leader, can en j ter the town in three days, j The situation here is extremely ! grave. Bands of Greek soldiers, j Armenians and Turks are commit ting acts of incendiarism,, pillage J and murder. The allied rleets have . arranged a plan for concerted ac j tion. ? _______ I Athens. Sept. 8.?Nikolas Kalo I geropoulos has accepted the pre : miership which M. Protopapadaki I resigned Thursday. '_ * - ? i The Fnrrnau Scholarship I Greenville. Sept. 11?Joel Geiger ? Hodge, of 523 West Hampton ave i nue, Sumter, has been declared ! the winner of the Sumter county ; scholarship in Furman university. . The young man is a graduate of I the Sumter High School. He won ; his scholarship in competitive ex ; amination. The scolarship is pro vided by the board of trustees of : Furman University. t i tions went into effect. The decision i of the trackmen not to walk out ! was followed by similar action tak ! en by several other railway unions, j Efforts to'end the strike of the ! shopmen, first by Ben Hooper, '?chairman of the labor board, and ! then by President Harding and the ! leaders of the "Big Four" brother | hoods failed because of a failure to aijiee on the restoration of se i niority rights to the strikers? a supplemental issue brought up af ter the beginning of the strike I through the determination of the ! roads to stand by the labor board ? decision and protect *he right3 of i the men who had lemained loyal iand the new men who had come to ?their assistauee in the roads' hour ' of need. j When the seniority issue arose [many of the roads announced their !willingness to yield on this point. I declaring that they had places i enough for all. First a group of ; roads in the northwest and then jthe Baltimore & Ohio sought sepa rat?- agreementse hut nothing came int these efforts as Mr. Jewell an i nouneed Iiis opposition to separate [settlements, being quoted as declar ! ing that it would be peace for all ? or a fight to a finish. Little less than a month a uro 'through the intercession of the "Big Four" brothrehoods. it was reported thai some out of the i< mill's