The New York herald., 1922-09-26
LABOR ASKS DIRECT
HIGH COURT APPEAL
Counsel for Rail Men Suggest
Move at Once to the Su-
preme Bench.
DEPENDS ON DAUGHERTY
Plan Means Saving Of Time in
Reaching Decision on Will
kerson Injunction.

Special Dispatch to THE NEW YoRK HERALD.
CHICAGO, Sept. 25.- Reiterating his
contention that the railmen's Injunction
Is in violation OF the constitutional rights
of the defendants and disregards the
fundamental principle OF our system Of
law, Donald r. Richberg, attorney for
the heads of the shopmen's union, pre-
sented a plan to Federal Judge James
II. Wiikerson to-day whereby an appeal
can be taken directly to the United
States Supreme Court.
Mr.. Richberg said the consent and CO.
operation of the Federal authorities In
avoiding the appeal to the Federal Court
Of Appeals would expedite the hearings
and save the union men considerable
money.
Respecting the form of the final order,
Mr.. Richberg refused to make any sug-
gestions. He left a statement with
Judge Wilkerson in which he contended
that he could make no suggestions as to
the form or wording of the order, a
move which In his opinion would lend
lawful ruling. The closing paragraph
of the statement by Mr.. Richberg read
as follows:
ITO call this proceeding in its method
and result due process of law to justify
the denial Of constitutional rights of
defendants, by this judicial finding,
based on ex parte affidavits, seems to
counsel for the defendants to disregard
the fundamental principle of our system
Of laws, as well as to exercise a power
specifically denied to the Federal courts,
by an act of Congress passed in order
to prevent the very deprivation Of liberty
and property which is here accomplished
Holding these views just as sincerely
as we assume that opposing counsel and
the court hold contrary opinion, we find
ourselves unable to suggest any form
of order which would be effective to
give legal sanction to the exercise to an
authority which we respectfully urge is
not within the power of the court"
The plan providing for direct appeal
to the highest court in the land is based
on a precedent established in 1868. 1t
calls for the filing of a certificate by
the United States Attorney General
stating that the case is of supreme pub
lie Importance.
Three Judges would then sit for a
dual nearing, one, OIL the Appeals IOurts
on the temporary injunction, and the
other, as District Court. on a hearing
for a permanent injunction. A single
trial and single decision would embrace
these two.
Months would be saved and consid-
erable expense avoided by this method,
which would leave the courts decision
| ready for immediate review by the SUI
preme Court.
Judge Wilkerson said he had no power
\ to expedite the hearing, as suggested,
but Blackburn Esterline Assistant So
iicitor General, announced he would get
into communication with Attcrney-Gen-
| ernl Daugherty at once. The latter's de-
cision Is to be announced to the court
tomorrow, when attorneys for both
sides also will announce an agreed date
| for beginning hearing on the petition for
making the Injunction permaent.
In the meantime the drastic tempo
rary injunction order was put into force
| to-day by Judge Wilkerson. with only a
few minor changes in the phraseology.
No changes were made which impaired
| its effect. union and Government attor.
neys were agreed.