A OA S Lite en Pages VOL XLIII. NO. 217 GASTONIA, N. C, MONDAY AFTERNOON, SEPTEMBER 11, 1922 SINGLE COPY 5 CEIIT3 J -First ' Section 11 Construction Work In Gastonia Since January More Than Million and a Half Larre Amount of Building oecU for Miich More In Present Year Promises Large Things In the Building Line v Partial List of Permits Issued Since January 1. ' Building permits totalling $1,401,025 ""have been issued by CSty Building In spector Newton during the eight months which have elapsed since January 1st, 1922. The work beingdone under these permits, plus a few structures for which permits were issued late last year but which are just now being finished, brings the grand total of building operations for the first eight months of 1922 up to . $1,754,925. Indications are that per mits during the last four months of the year will .bring the total of building operations in Gastonia for the year well above the 2,000,000 mark. . When it ik remembered .that considerable building has been' done outside the city limits but iu Gastonia 's trade territory, such as Groves, Banlo, Couth Gastonia, etc., it ' can be stated with conservatism that . the year 's building operations In the City and suburbs will total at least $2,500, 000. ' 4 Following is a list of the permits Issued up to (September 1st: .'-..' ' Following is a list of some of the more prominent structures in Gastonia which are either now In course of eon . structioa or have been completed within the past six months: Mrs. Maude Beatty, residence. . $ Holland Realty k Insurance Co., residences . ....... . S. P. Pierce, residences....... Bryan Smith, residence....... B. O. McGhee, residence. .... . . Loray Mills, additions ...... Highland School, colored...... K. H. Plylcr, residence........ Trenton Mill, addition........ E. .E. Darnell, residence....... Wilson Barber Shop, repairs.. r- Miss Mary Eamsey, residence, . A. 7 L. Garvin, residence. . ..... J. L. Porter, residence j. N. Hanna, residence, t , . ' . '. . 1. B. Hanua, residence. ...... Gastonia Insurance k Realty Co., residence F. D. Barkley, residence. D, A. Origg, two store rooms.. ' L. N. Patrick, residence. ... . , T. A. Henry, residence v Vu N. PatrlcW'Tesideuce.-. . t . L. .N. Patrick, store room..., W.. G. Davis, residences....... B. ' O. Crawford Co., two residences , ........ J. M. Underwood, residence.... W. C. Davis, residence. E, Frohman, store room....... P. P. Leventis, residence...... N J. M. Holland,. residences., .... W. C. Davis, residences. ..... . P. R, Huffstetler, residence... R. C. Miller, residence.. Sallie Barnes, residence, ..... F, M. Franeum, residence. .... S. tt. ShufofuV store rooms.... Bryan e3mith, residence-. ....... 3,000 . 9,000 8,000 10,000 3,500 75,000 51,000 5,000 12,000 5,000 3,000 6,000 3,000 - 5,000 5,000 5,700 3,600 15,000 10,000 S.000 8,000 6,000 3,000' 10,000 15,006 7,000 4,000 5,000 6,000 10,00b 10,000 6,000 5,000 4,000 15.000 20,000 4,000 D. B. Hanna, resiaence....... City High School Building.... , Standard Oil Co.,. ............ Third National Bank, office building.......... ......... 10,006 500,000 20,000 300,000 Dr. U K. Adams, stores..'.,.;;. . C. C Armstrong, store room and office building -., D. M. Jones Y Co., office build- ing ............. T. A. Wilklns, residence...... Fred L. fimyre, repairs. ....... W. T. Love, residence. John Pctcheos, residence. ..... 25,000 35,000 10,000 12.000 10,000 30,000 10, TOO 5,000 140,000 130,000 . 25,000 10,000 3.000 13,000 39,725 K. M. Qlmss, residence........ First Baptist -church. s. ...... Yoqng Peoples Building, Main Street Methodist church.... Rnby Cotton Mill addition... Lutheran church, addition... .v. Loray Baptist church, addi tion A. J. Kirby k Co., store room, West Main s. Miscellaneous ' Permits, under $2,500 .......... ...... Total .$1,754,925 BITTER POLITICAL FIGHT ON III MASSACHUSETTS BOSTON, Sept. 11. The most bitter primary campaigns ever fought in this state were being closed today with nominations for United States senator, governor-and the lesser state offices to be made at the polls tomorrw. An in tense fight was waged by the two can didates for the republican gubernatorial nomination, Governor Channig H. Cox and A?ney Geueral J . Weston Allen . Sector Lodge, a candidate for to nomination by the republicans, has not stumped the , state, but his opponent, Joseph Walker, has campaigned vigor- ously. On the democratic side the seekers for the nomination to oppose Senator Lodge are Colonel William A. Canton, Professor Dallas Lbree Sharp andSher man L. Whipple. In the contest for the gubernatorial nomination, the can didates are Joseph B . Ely, of West field, former Mayor John F. Fitigcr ald, of Boston, former Governor Eugene N.' Fobs, and Mayor Peter Y. Sulli van, of Worcester. COTTON MARKET CLOSING BIDS ON THE NEW! YORK MARKET NEW YORK, Sept 11. Cotton fu tures closed barely steady. October 21.45; December 2L71; January 21.57; March zi.yj May ar.eoj July, 21.42, Spots quiet, 21.70. 30 points down. -GASTONIA COTTON. Receipts .6 Bales Prices Cents (Reported by l A. Costner.) . 1, , 1922, Totals Now Going On Here With Pros Immediate Future Last Half of MRS. HARDING SPENT MORE RESTFUL NIGHT; OPENATION POSTPONED Bulletin From Gen. Sawyer Declares Night Less Rest . less for Patient.' IMPROVEMENT, IS NOTED -.v . , Temperature Is Getting Nearer : Normal and . Complica tions Subsiding. WASHINGTON; Sept. 11. Im provemeut in the condition of Mrs. Harding, which began yesterday con tinued throughout the night and the forenoon, and. physicians in attendance deferred the operation which has been under consideration. An official bulletin issued sliortly af ter ten o'clock today said the wife of the President had spent a less restless night, that complications were subsiding and that generally her condition, which became critical late last weok, was im provd. It also announced the decision to defer an operation. j The bulletin was supplemented bj statements made by visitors to the White House, . Secretary Walace, who . called shortly af tor eight o'clock, saying that Mrs. Harding had spent a fairly rest' ful night. Mrs. Harding was reported to be greatly encouraged by the seeming im provement-today in his wife's condition, An air of optimist pervaded ths White House, those in intimate touch with the patient appearing to be in bet ter, spirits .over her condition than at anv time during the vast three days. Eef reshed somewhat by a night's sleep the President continued to keep in constant touch with his wife 's bed side and with the attending physicians. The presence at the White House of the entire consulting staff, made . complete yesterday by the arrival here of Dr Charles Mayo, specialist, from Rochester, Minn., seemed to strengthen the hope that.Mrs. Harding would successfully pass through the present crisis An official White House bulletin on j the condition of Mrs. Harding, issued at 10.08 a. m. today, saidi , "Mrs. Harding's condition at 9:30 a' m. temperature 99 1-2; pulse 96; respi ration 30. ., ' Night less restless. Elimination in creased. Complications subsiding. Gen eral appearances indicate improvement. Operative proeeedure deferred, "C. 13 . Sawyer. " Secretary Weeks, who called', later, said he had been informd that the night had ben the best the patient had had since her condition became alarming. The temperature of the patient at nine thirty o'clock today as noted in the of fieial bulletin was 991-2 asv compared with 1001-2 at nine o'clock last night; her pulse was 96 as compared with 118 last night, and her respiration was ju as compared with 36. These figures were said by medical experts to be quite in dicative of an improvement.', WASHINGTON. Sept. 11. Mrs. Hardinc swnt 'a fair, restful night but there was no marked change iu her condition. Secretary Wallace was in formed at the White House when he called shortly after eight o'clock this morning to inquire as to her condition. Secretary Weeks, who called at the White House soon after Mr. Wallace left, announced on leaving that Mrs Hardincr had ' sicnt the best night in several nights and that the slight im provement which set in yesterday was continuing with the patient s tempera ture getting nearer normal Mr. Weeks indicated that decision as to an operation, which was, postponed yesterday after a consultation of physi cians, had not as yet been reached, and said that Dr. Charles Mayo, the Koch ester, Minn., specialist, had told him last night that developments would be awaited.' Senator Medill McCormick of Illi nois, after talking with Secretary Chris tian this morning, told correspondents that reports of Mrs. Harding's condi tion were more encouraging than last night. Indications, he saitt, pointed to an operation as Mrs. Harding's physi cal condition was much more able to stand it. ? - Senators Hale, Maine, and Cummings, Iowa, - and Representative Madden, chairman of the house appropriations committee, also called . The two sena tors remained at the White House some time. 4mS The president had no engagements scheduled for today and continued to remain at the bedside of his wife or within easy call. He was: understood to have indicated that for the present he felt he could not give his attention to public affairs, so great was his anxi ety over the condition of Mrs. Harding. George B. Christian, secretary Jo the president, went direct to the Executive i Mansion this morning and the White j House . of flees presented an extraordi- narily quiet appearance. ROYAL ARCD MASONS TO HOLD BIG CONVOCATION IN GASTONIA SEPT. 19-21 Sessions Will Be Held In New Young People's Building of Methodist Church. MANY CANDIDATES Three Afternoons and Three Evenings Necessary to Put On Work. Tuesday, Wadnesday and Thursday, September 19, 20 and 21 will be big days ia the history of Royal Arch Masonry in Gastonia. On those dates, the fall convocation of Gastonia Chan ter. No. 66, will be held, and a large number of candidates will be received. Three afternoons and three evenings will be necessary for the completion of the degree work. The complete program, list of officers and several committees follow. The following letter from High Priest C J. Hubs la self-explana tory To all Companions Royal Arch Masons, A Fall Convocation of Gastonia Chap ter No, 66, Royal Arch Masons, will be held in the Methodist Young Peoples Building, Gastonia, N. C, on Tuesday, Wednesday and Thursday, Septembci 19th, 20th and 21st, 1922, for the con ferring of the Mar Master, Most Excel lent . Master and Royal Arch Degrees, and we extend you a cordial invitation to enjoy with us the inspiration and in struction to be derived from the lessons taught in the several degrees, and to participate with us in tehse sublime ceremonies. - ' Fraternally yours, C. JUDSON HL'SS. WM. A. JULIAN, High Priest. , Secretary.. ' schedule: Tuesday, September l'th,. 1922. 4:30 P. M. MARK MASTER '8 DEGREE ' Order, Regularity and Discipline. First Section. 6:30 P. M. SUPPER. .. 7:30 P. M. MARK MASTER'S DEGREE. Second Bestion. SPECIAL COMMITTEES Reception Ex. Companion S. N. Boyce, Ex. Companion J. H. Henderlite, Ex. Compaslon J. S. Winget, companion Charles Ford, Companion Marshal iJiil ing. . Membership Companion W. Y. War ren, Chairman, Gastonia, N. C. ; Rt. Ex, 1 1 . J l' T T ...... I. 1 txwmynM V f T ComDanion H. W. Jordan. Belmont, N. C.J CompanUm J. I Vipperman, Dallas, N. C. : Companion JS. U i roneDerger, Bessemer City, N. C Properties Companion Jt . A. costner, Companion F. E. Saunders, v-ompanion L. E. Rankin, Jr. Director of Work Companion t. C. Abernethy. Assistants: ' Companion A. M. Spencer, Companion P. L. Plyler, Companion C E. Huffstetler, Companion J. L. Suggs, Companion W. T. McArver Companion T. B. Carpenter. The Choir Miss Marie Torrencc, do- urano. Uirector: Mrs. u. xi. v imams Contralto: Companion L. E. Adams, Tenor; Companion D. H. Williams, Ban- tone. . . SCHEDULE Thursday, September 21st, 1922, 5:00 M., Sublime Defiree of Royal Arch, the Great Discovery. First Section High Priest Comp. K. T.nntr; Kinir. Ex. Comp. C. J. Huss; R rihe. ftomD. Geo. A. Gray: Captain of the Host, Comp. C J. McUniDs; rmci- pal Sojourner, Ex. omp., C II. 1 ugn, Roval Arch CaDtain. Comp. R. W. North- cutt; Chaplain, Rt. Ex. Comp.- W. J. Roach'; Sentinel, Comj. r. a. tomner. 30 P. M. ROYAL AKCIi UAVJux,! 8:00 P. M. Sublime Degree of Koyal Arch. . . Second Section, Jeshua, Comp. it. Long; Zcrubabbel, Ex. Comp. C J. Huss; Haggi, Comp. Geo. A. Gray; Onniuin nf the Host. Comp. O. J, Me- Combs; Principal Sojourner, Ex. Comp. C. H. Pugh; Royal Arch Captain, ('omp. R. W. Northcuti; Master or. tne mini Veil, Comp B. E. Douglas ; Master of the Second Veil, Comp. Jou H. Wray; Matcr-of the First Veil, Comp. Wm. C. Davis; Sentinel, Com;.. F. A. Co-tncr. Officers Gastonia Chapter No. C6 Roy al Arch Masons, Gastonia, N. C, 19-2-23. , High Priest Ex. Comp. U J. huss. f King -Comp. F. C. Abernethy. Scribei Comp. Geo. A. Gray. Treasurer Comp. Wade S. Buite. Secretary Comp. W. A. Julian. Captain of The Host Comp. C. J McCombs. . Principal Sojourner Ex. Comp. C. n. Koysl Arch Captain tomp. . . Northcutt. ' Master of the Third eil Comp. li. E. Douglas. Master of The Second Veil Comp. Joe S. Wray. Master of the First veil Comp. Wm. Davis. Chaplain Rt. Ex. Comp. W. J Roach Chaplain RtEx. Comp. W. J . Roach. Sentinel Comp. F. A. Costner. GASTONIA TO GET THE BABSON SERVICE Gastonia will be included in statistical matter issued regularly to clients throughout the United States by Roger. W. Babson through arrangements made by the Gastonia Chamber of Com merce. This becomes effective with the month of October. The Babson ser vice goes to thousands of big business men and firms throughout the country. To have Gastonia listed in statistics monthly will be of great value from tht publicity standpoint,. Seeks'Throne 7 Crown Prince George of Jugo slavia, who renouncd his right to the throne In favor of his brother Alexander, now aays ho will clalta his birthright If ha succeeds, bo will dethrone Princess Maria of Bumanla who became queen of Jugoslavia though her recent mart rlase to Alexander. LAST HALF OftMQNTH BE BUSY TWO WEEKS FOR CHAMBER OF COMMERCE Made-In-Carolinas -Exposition Beginning Sept. 25 Will Take Much Time. OTHER WORKf PRESSING Farm Relations Committee of Chamber Is Proving of' Real Aid. '- One of the busiest two weeks in the history of the Gastonia Chamber', of Commerce will be the' ' last half -of Sep tember from present ; indications. Many Committees , will ' be active in addition ,to the .regular work of the organisation which goes on without cessation during the year.' . ' ' , The Madc-in-CarolhiaS Exposition is expected to bring much desirable pub licity to Gastonia and to Gaston county. The Chamber of Commerce will have charge of! the big Gaston county exhibit and . will' have someone in its booth daily-throughout the exposition to an swer questions.' Miss Nell Pickens has been placed in charge of this particular feature, which will be of great value to the entire county and will see to it that some one who knows Gaston is on hand daily. The Chamber of Com merce will have charge of tire1 Gaston County Day and this will prove a big proposition. It is expected to have several thousand Gaston people in line on that day. The motorcade will be headed by the Gastonia Pythian Band, which is going after the big $500 prise that night at the exposition in the con test for the best band in the two Caro lines. The crenmory proposition is to come up under the auspices of tho farm rela- fious committee . Without slackening in any other activity this newly created committee, headed by W. T. Rankin, is proving a real feature of value to both Gastonia and Gaston, in the view of the officials of the chamber. Much appreciation- has been received from farmers lately over this evidence of interest in the upbuilding of the agri cultural resources of the county. It is probable that before the end of the month decision will be reached as to whether or not a community chest would be a desirable proposition for Gastniato undertake for the coming twelve months so as to have only one hie Hrivn vear for funds for Various charitable and similar purpoties instead of several as in the past. Material is now being collated upon which a report is to bo based. The work of the'traffic department in auditing freight bills is proving wen worth while to many ot tno memocrs takinz advantage of it. Many claims of goodly size as well as many small oops have been recovered for members. There are many other things coming up this month and besides the chamber is constantly on the job endeavoring to render all service possible to members and also to secure desirable publicity for Gastonia at every opportunity everywhere. AMERICAN LEGION WEEKLY TO BE SOLD AT STANDS New York. Sept 10. The Aemrican Legion Weekly has just inaugurated Dlan for distribution oi tne weexiy which will financially benefit Legion: men and at the same time make the bank balance of the post larger. By acting as local distributing agents for the news stand sales of the Weekly a certain per centage of the total sales will eo to the Legionaire doing the distribution and to the post treasury. The news stand director of the Weekly has mapped out a plan for placing the Legion's magazine on the news stands which has features no other magazine can offer. Under this post treasuries and post membership can work uo a stady income. Write the news stand director at the Weekly. He'll tell you more about makingmon ey pockets bulge. VsXi! ' GOVERNMENT TAKES STEPS TO MAKE PERMANENT THE INJUNCTION ISSUED AGAINST THE STRIKING SHOPMEN TURKISH VICTORY IMS CREATED SITUATION DF GBAYE POSSIBILITIES Demands Immediate Adoption of United Policy By Eng land, France and Italy. HAVE RECOUPED LOSSES France and Italy Accused of Furnishing Arms and Mu nitions to Turks. - LONDON, Sept. 11. (By The As sociated Press.) tiweping the Greek forces from Asia-Minor iu a whirlwind campaign, lasting only two weeks, the Turkish Nationalists under Mustapha Kemal Pasha have won a great military victory and at the sumo time, at least partly nullified the losses to their nation through the world war. . Thus is created a situation full of the gravest possibilities one demanding the immediate adoption of a united policy by Great Britain, France and Italyand such a policy is far from existent as cording to the view generally held here. France and Italy are accused in some quarters of having not only encouraged the Kemulists but of having supplied them with arms and munitions. Al though it is reported now in the same cir cles that they are becoming alarmed at the unexpected extent of the Turkish sucv cesses. Italy's concern is said to have been manifested in a freshly expressed desire for a preliminary conference of the Al lied at Venice to consider tch situation but this finds uo favors in London at any rate. The press .greets with indications of alarm the big claims advanced by thi Turkish representatives in Paris anrt Rome while Soviet Russia's alleged de sire to establish a Bolshevist-Kemalist alliifnce aimed at control of Constanti nople and the Straits of Dardanelles brings renewed demands that the neu trality of these be maintained at all costs. Another cause of uneasiness here is the effect the Kelmalists' victory is hnv ing in Indian, where prayers for their success have ben said daily in the Mos ques and every advanee bus been hailed with glee by the Mohammedans. The Daily Telegraph's Calcutta correspond ent says thore were demonstrations, il luminations and fireworks there Sunday night, when news of Smyrna's fall be came known. The position of the Greek Govern ment in the face of defeat also is at tracting attention here. Athens des patches tell of a recrudescence of the talk of King Constantine's second de scent from the throne and the return to' power of Venizelos. ' . Tho.poularity of the former Premier is flarina airnin with the dusliing ot Constantine's military plans, tho Greek soldiers reaching Piraeus from Smyrna marched through the streets of tho port shouting insults to the King and de manding Venizelos' return. Tho Greek newspapers are openly discussing tho ab dication of Constantine, ; Meanwhile Venizelos is Visiting nt bt. Moritz, Switzerland, with his family but nlans to eo to Paris witihn a day or two to confer with political menus, w mio he refuses to discuss tch Greek situation his friends openly declare he is antici pating the possibility of, being re-called to power. MARYLAND IS ELECTING U.S. SENATOR TODAY ' . . .... ..a. urt M . Congressmen Are Also Being Elected Senator France Is Opposed for Renomination By Garrett. BALTIMORE, Md., Sept. 11. Mary land voters went to the iolls today to select candidates for United States sen ator and congressmen. The only re publican contest was for senator, John W. Garrett, secretary of the Washing ton armament conference, opposing Sen ator Joseph I. France for renomina tion. Tho democrats had a. three-cornered fight for senator and contests in five of the six congressional districts. The democratic senatorial candidates are William C. Bruce. ex-Congressman David J. Lewis, anT William I. Norris. Because there are more than two candi dates the voters arc required to desig nate their first and second choice as among the three. The voting will be bv counties, being based on the selec- tino of county delegations to the party . . . . convention. In the event that none ot the three candidates receives a majority of the first choice votes in any county, a system is provided by which the sec ond choice votes of the lowest candi date are distributed among the others in accordance with the preference ex pressed by the voters, to detrmine the winner. The same plan will be fol lowed to finally determine the nominee in the event that none of the three obtains a majority of the 133 conven tion delegates. THE WEATHER Unsettled with probably showers to night and Tuesday: somewnat lower J temperaturs Tuesday. lwister 84. v -;::.:. .-: -s f .rJOijr Tou've heard tell of those Ne braska twi3ters, haven't you? If you haven't seen one here's a good photograph of one made from a cyv clone cellar near Lincoln, Neb.'" GASTON FAIR TO OPEN IN EXACTLY FOUR WEEKS Special Days for Gaston, Cleveland, York and Lin coln Counties Four Com munity Fairs From Cleve ; land. ' Four weeks from tomorrow the. Big Gaston County Fair .will oin-n for what its officials believe will be ' the most successful fair in its history. Pros. pects are daily becoming brighter do Spite) certain unfavorable crop condi tions. Inquiries from prospective exhibitors by mail aro being received this early by the secretary's office in greater volume than ever before. Interest of this sort almost invariably rsults in exhibits'. Indications are that exhibits in the field crops building will tax its capacity and for this reason no commercial ex hibits whatever are being solicited this year although an effort is being made to take care of those requested . , . uaston, Cleveland, York and Lincoln and possibly other counties will have social ilnys this yeur on which days school tickets will bo provided free boys and girls attending schools in those counties. Work of County Agents, L. B. Alt- mnu and Nell Pickens in rounding up the club work is showing immediate re sults in increased interest on tho part of the boys and girls of the county. The club work of Cleveland will be largely represented. There will be four community fairs from Cleveland county and Hunnyside, Mount Beulah nud Fairview from Gas ton. Pisgah, Crowders Creek and pos sibly Stanley will have community booths. Many farmers are planning individual farm booths, a feature which esjiecially attracted attention last year KANSAS DEMOCRATS ' ENTERING FALL- CAMPAIGN WITH HOPES OF WINNING Prospects Are Better, They Say, Than For Past Six Years Both Senators Now, Curtis and Capper, Are Repub licans Ku Klux Klan Is Big Issue. TOPEKA, Kaus., Sept. 11. Demo crats of Kansas are going into the fall campaign with hojes more firmly found ed, they say, than at any time in the past 'six years. They are putting par ticular stress on the congressional cam paigns in all the eight Kansas districts in the anticipation that the Kansas representatives in the lower house of congress next year no longer will be a solid republican 'delegation. There is no election of a United States senator Hi Kansas this year. Both senators Charles Curtis and Arthur Capper how ever, also are republicans. The hist Democratic governor in Kansas . was George H. Hodges, 1913 '15. In seven of the eight Kansas con gressional districts, the Republican nom inees are the incumbents, the one excep tion being in the Third where the vet eran congressman, Phil P. Campbell, of Pittsburg, was defeated in tho pri marjr cru uvii, axici wiling uufiiijr Uwenty years in congress. The defeat mary eelftion, arter serving nearly of Campbell by W. H. Sproul was the outstanding sensation of the Kansas primary election and came as a special blow .to Campbell and. his friends in view or the eminent position lie occu pics in the natidnal house as chairman ! of the powerful rules committee and the l further fact that Campbell has ' been choice for the speakership at the next prominently mentioned as republican session. This also adds to the irony of the defeat: Sproul. a Sedan lawyer, was the opponeut Campbell defeated twenty years ago this summer in a bitter contest for his first nomination, in the republican district convention. four years before the present direct jri- uiary law went yuo eucct.. THE MOST FORMIDABLE - LEGAL BATTERY EVER USED IN COURT ACTIO,'! One of Most Far Reaching and Important Court Ac- ; tions Ever Attempted. 2 CARLOADS EVIDENCE Thousands of Telegrams, Let ters, Photographs, Books,. . Tools of Destruction. CHICAGO, Sept. 11. Arguments oa tho government's motion to make per manent the temporary , injunction ugainst the rail strikers . opened at 10:35 o'clock this morning before fed eral Judge James. H. Wilkerson. Blackburn Esterline, assistant to tie solicitor general, opened for the govern ment, with the formal reading of the list of defendants on whom personal service had been obtained. Donald R. Rich berg, attorney for IS. M. Jewell, president, and John Scott, secretary -treasurer, of tho railway em ployes' department, American . Federa tion of Labor, called attention to tb motion he filed Friday asking dismissal of the injunction so far as it relates to his clients, and said it should take precedence over the government's mo tion. . '''.' .; Mr. ; Esterline objected .after Mr. Richberg had stated his plea' and moved the court proceed to consider the gov. ernment's petition. Judge Wilkerson ruled there was a distinction between a motion to dismiss the bill and a motion to set asido tho temporary .restraining order and said ha would hear the strikers' attorney on the former question, , Mr, Richberg declared in his opening statement that the acts involved in the calling and conducting of thejstriko were entirely lawful.. The restraining order, he said, was ono the court had no power to issue because he maintained it is unconstitutional and violates tha Clayton act. If the bill is stripped of its conspiracy allegations, he continued, all that is left is a bill to enjoin crimi nal acts by unknown persons who may or may not be members of tho strikers', organization.' , ' - The bill, Mr. 'Richberg said, is bused on an assertion that the defendants are under a legal duty to obey the decisions of the United States Railroad;; Labor, Board. , . : ; , , There is nothing in the transportation act creating the labor board providing any method for enforcing its decisions except by public opinion, he Said. Even if tho . board's decisions were legally; liinding they would not be lawfully eiw forced to prevent the workers from withdrawing from service. ;1 , He quoted Congressman Esch, one of the authors of the. act, as saying in Congress that "there is nothing of anti strike nature' in the law, and also read similar statements by Senator, Cummins whose ; name the law also bears. From the message of President Harding to Congress on the present rail strike, tho attorney read sections in which the president brought ' out the same absence of mandatory provisions for the enforcement of the board's or tiers, . ) The attorney general has no rights Mr. Richberg declared, to ue tho power of - the government to prevent labor from doing any lawful thing to fight the "open shop" mvement. Whether the open shop or the closed shop is to prevail is entirely outsida the province of the attorney general, and is a question only the legislativo branch of the government can pass on if it comes under jurisdiction at all, he said: The defense attorney cited tho decis. ion of the Cireuit Court of Appeals ia the drastic provisions of the injunctiort issued by Federal Judge Anderson at Indianapolis a few months ago against the coal miners. From the appellate court '8 decision, he read that either employers or union men may have free access and appeal to unemployed work ers to win employes on the one hand, or union adherents on the other, and that employers have the right to appeal to union men to become nn-union while members may, urge unorganized work ers to switch to their side. CHICAGO, ept. 11. Supported by one of the must formidable legal but teries the government has ever thrown into one court action, Attorney General Harry M. Daugherty set bis forces in motion today toward tho goal of a per manent injunction in the railroad strike. Reinforced by a great mass of evi lence on an alleged gigantie plot of sabotage . and terrorism, the attorn? general presented his petition to Fwii eral Judge James H. Wilkersou, who granted the temporary restraining ord r September 1. Arrayed against the government' lawyers and denying their charges of widespread conspiracy of vamJalj.mi t l cripple the nation's transportation m i chiuerv. was Donald R. Ru-hberg, st tornev for the striking shop craf , agaiust whose leaders and memlx m t government's action was 'directed. As opposing legal firrces drew up f what was admittedly one of t!i it. far reaching anil important court tions of its kind ever att.-in; ! t, I shb's avoided much iliseu-nii day's possibilities. While preparations fur 1 ' ' (Coiitiauc 1 03 i