Show Q Trial O of 10 Rail O O DM DEMURRER OF F S ij QUASHED A nD J Defendants Charge Co Com Complaint Complaint I plaint With Duplicity O. O I S. S L. L Off Official cial Called a as 1 First Witness for T TESTIMONY Y sh showing shoving wing the tl JL movement of cars in and o out oIt f. f of Salt Lake during a period between between be be- be tween March 29 and April 27 and the number of switchmen employed in local yards of ot f the Oregon Oregon Oregon Ore Ore- gon Short Short Line Railroad company at atthe atthe t the time of ot the recent strike was vas given today by officials of ot the railroad railroad railroad rail rail- road at the opening of pf the preliminary preliminary nary hearing of ot ten switchmen strikers charged with violation of ot ui the Lever act before United States Commissioner Com Commissioner Commissioner missioner Henry V V. Van Pelt in lh the tho district courtroom at the federal building I S A demurrer entered by W W. D D. Dalton Dalton Dal- Dal ton and Parley P P. Christenson counsel counsel coun coun- ad sel for tor the defendants was overruled by Judge Van Pelt Counsel contended contended con con- tended that defendants could not b bI be charged with violation of ot two sept sep separate I rate acts of congress Jn in one ojje complaint com com- plaint land and cited th th transportation act and the Lever act as as' as being the two separate acts which the defendants defendants defend defend- I ants are charged with violating ting The demurrer stated that the complaint t did not mention any ny specific violation I of the section under which the thede defendants de- de are charged The Lever act was declared invalid in the demurrer as conflicting with the constitutional rights of ot citizens The demurrer claimed further that the complaint was ambiguous and vague DEMURRER OVERRULED Judge Van Pelt overruled the de demurrer demurrer demurrer de- de saying that the complaint in his opinion was well drawn United States District Attorney Isaac Blair Evans called F F. H H. Knickerbocker Knickerbocker Knick Knick- 1 general superintendent of ot the Oregon Short Line Railroad company company com corn pany with headquarters in Pocatello Ida as the first witness Mr Knickerbocker Knickerbocker Knick Knick- testified that on April 8 there were switchmen employed in the Salt Lake yards of the company company company com com- pany but that on April 9 and every everyday everyday everyday day for two weeks following that date these men did not appear for tor work The witness stated that 90 per percent percent percent cent of ot the men were affiliated with the labor unions On cross examination the witness I was asked how he knew the exact number of ot men who were affiliated with the labor r unions He replied that I the company had a contract with some of ot the unions that the union men employed at any time would hot not be less than 75 per cent of ot th the total number of ot yardmen In addition he stated the company had records showing with what unions Its em em- are affiliated CAR MOVEMENTS RELATED T T. S S. S car service agent of ot the O O. S S. S L L. testified concerning the movement of ot cars loaded and empty In and arid out of ot Salt Lake during during during dur dur- ing the perl period d of ot the strike Figures on Ion car movements In and out of ot OgI Ogden Ogden Og- Og den and also Pocatello were given by I Mr Ir Kinnersley This testimony was objected to by the defense but the I objection was overruled by the court courton on the grounds that It had a bearing on the effect produced elsewhere by bythe bythe the striking workers workers- in Salt Lake The testimony brought out that a large per cent of ot the car movements I dl discontinued through the striking was Inters Interstate ite The interference interference interference inter inter- ference with the spring movement of f sheep w was 1 also als e emphasized In tn n the t tes testimony s s- s given by Mr Kinnersley ItI It I w was s stated that the sheep movement I which normally takes place at the time I the strike was in progress was a a very important shipment and that in many I Instances large l herds erds were trailed from one point to another because of ot the I lack lac-Ie of or transportation facilities W W. J. J I F. Farrier trainmaster of the I Salt Lake Route called by Mr Evans also testified as to the Interference I with moving of ot sheep caused by the I strike A It was wa stated by counsel today that the preliminary hearing will be in I. I pro progress prore's res re's for tor at least another day |