Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-10-06
UNIONS ATTACK
INJUNCTION AS
AN OPPRESSION
Denied Right to Submit
Case to 3 Jurists,
Says Lawyer.

Chicago, Oct. 5.-Appearing before
Federal Judge James H. Wilkerson
Thursday, Donald r. Richberg, attor-
ney for the railway shop crafts, ac-
cused the department of justice Of
lack of good faith in the proposal to
expedite final disposition of the in
junction cast against the rail strike
leaders.
Mr.. Richberg declared that he and
associate counsel had held a very I'M
satisfactory conference with Solicitor
General Beck after a futile attempt to
see Attorney General Daugherty in
Washington with reference to early
final hearing on a review of the inter-
locutory injunction handed down by
Judge Wilkerson on September 10.
In connection with his statement to
the court, in which he recalled that
Judge Wilkerson had notified the gov
eminent it should hold itself in readi-
ness to 60 to trial at an early date,
with the suggestion that opening coun-
sci attempt to agree on a trial pro-
gram, Mr.. Richberg declared to the
court a copy of a letter to Solicitor
General Beck severely criticizing the
position of the government attorneys.
After stating there were delays and
disappointments over the October Z
appointment with the government at
torneys, Mr.. Richberx said he had re-
ceived q letter from the solicitor gen.
eral asserting the position of the de-
partment Of justice as follows:
Wanted Three Justices
First: If it were practicable TO
have three circuit judges hear the
case, that proceeding would not ex-
pedite, but delay it.
Second: That the department in
vites counsel for the defendants to
consider agreeing on a statement of
facts and asks counsel for the defend
ants to submit such a statement of
facts.
Third: If an agreed statements Of
facts is not practicable, then the two
courses are open:
"(A) A stipulation TO submit the
Ease on the affidavits, which leave to
either party to offer additional testi-
mony.
"(B) A trial Of the case largely on
dispositions taken throughout the
United States except where a stipu-
lation of facts may dispense with for
NAL proof"
In the letter in reply to Solicitor
General Beck, Mr.. Richberg said:
There are two matters which the
defendants desire to have expedited.
First, a review of the introductory
Injunction, and second. q final hearing
of the case. Your suggestions affect
only the second matter and practically
ignore the matter of probably greater
Importance to the defendants"
The shop crafts attorney said be
would seek to obtain protection of
the rights of the defendants through
orders which the court may enter and
through procedure which the cour
NAV adopt, despite the manifest oppo-
sition of the attorney general to the
entry of any order or the adoption of
any procedure which will protect the
defendants from the abuse of official
power"
THE use of the summary equity
procedure to obtain a tentative con-
viction of 400, 900 men of criminal
conspiracy upon evidence found solely
in an undigested mass of ex parte affi-
davits reeking with heresay and per-
iurv. has been made the means of
depriving the men of liberty and prop
erty SO long as the introductory in
junction remains in force" the letter
said.
treated Worse Than Criminals
Safeguards protecting the vilest,
most notorious criminal caught red
handed have been denied to 400, 900
industrious, law abiding citizens and
their citizen leaders," the letter con-
tinued:
The attorney general has certified
that this is a case of general public
Importance. The defendants are en-
titled to a hearing before three judges.
The attorney general has refused to
file a formal certificate which woul
notify the circuit judges that the case
should be assigned for hearing before
at least three Of them. Counsel for
the defendants will, therefore. ask the
court that such notification be given
to the circuit judges that his case may
be heard in accordance with the pro-
visions of the act Of 1903.
THE department threatens to take
dispositions throughout the United
States and make the burden of de-
Tending as oppressive and expensive
as possible to the already deeply
wronged defendants. AS an alterna-
tive, the department offers that coun-
sci for the defendants may stipulate
that the unknown and u%nexplored
Mount Everest of evidence in the
form of affidavits, be submitted as
though formally taken, or in other
words, that we allow the defendants
to be found guilty of a criminal con-
spiracy without opportunity to cross
examine hundreds of witnesses, the in
competence and falsity of whose evil
dence is as well known to the gov
eminent as to ourselves. Such a sug
gestion is unworthy of any considera-
ton"
Mr.. Richberg characterized as "a
pure waste of time" the trip to Wash
ington which he said was made at
the suggestion of the court and the