New Britain herald., 1922-10-05
DEPT. OF JUSTICE
 R0UNDLY SCORED.
Strikers Counsel Charges Bad
 Faith in Pledges

Chicago, Oct. 5.-(By Associated Press )-Appearin before Federal Judge James H. Wilkerson today, Donald R, Richberg, attorney for the railway shop crafts, accused the de- partment of justice of lack of good faith in the proposal to expedite final disposition of the injunction Nse against the rail strike leaders.
 MT. Richberg declared that he and associate counsel had held an unsat- isfactory conference with Solicitor Gen. Beck after a futile attempt to see Attorney Gen. Daugherty in Wash ington with reference to an early final hearing or a review of the in- terlocutory injunction handed down by Judge Wilkerson on September 25.
 In connection with his statement to the court in which he recalled that Judge Wilkerson had notified the government 1t should hold itself in readiness to go to trial at an early date, with the suggestion that oppos- ing counsel attempt to agree on trial program, MT. Richberg deliver ed to the court a copy of a letter to Solicitor Gen. Beck severely criticis- ing the position of the government attorneys.
 After delays and disappointments over the October 2 appointment with the government attorneys, MT. Rich berg said he had received a letter from the solicitor general asserting the position of the department of jus tice to be as follows: l
 Text of Letter.
 If it were practicable to have three circuit judges near the case that would not expedite, but delay 1t.
 "2-That the department invite for the defendants to consider agreeing on a statement of facts and l asks counsel for the defendants to submit such a statement of facts.
 "S-If an agreed statement of facts Is not practicable then two courses are open:
 "(A) A stipulation to submit the case on the affidavits with leave to either party to offer additional testi- nony.
 "(B) A trial of the case largely on iepositions taken throughout the United States except where a stipu- ation of facts may dispense with for nal proof"
 In che letter replying to Solicitor Zen. Beck, MT. Richberg said:
 There are two matters which the defendants desire to have expedited. First, a review of the interlocutory injunction and second a final hearing f the case. Your suggestions affect nly the second matter and practical y ignore the matter of probably 'reater importance to the defend nts"
 The shop crafts attorney said he would seek to obtain protection of he rights of the defendants through . rders which the court may enter and through procedure which the court nay adopt, despite the manifest op- osition of the attorney general to the ntry of any order or the adoption of 2 ny procedure which will protect the s efendants from the abuse of official ( over"
 "The use of the summary equity rocedure to obtain a tentative con- iction of 40o,ooo men of criminal I onspiracy on evidence found solely l an undigested mass of ex-parte I ffidavits reeking with hearsay and erJury has made the means of de- l irving these men of liberty and prof. rty so long as the interlocutory in- lnction remains in force the letter I lid V
 Safeguards Denied.
 Safeguards protecting the vilest. ost notorious criminal caught red anded, have been denied to 100000 dustrious law abiding citizens and leir chosen leaders," the letter con- nued.
 'The attorney general has certified II at this is a case of general public e' lportance. The defendants are en- b Jed to a hearing before three dges. The attorney general has re- sed to file a formal certificate hich would notify the circuit judges F at the case should be assigned for r; airing before at least three of them. n ,unsel for the defendants will. O erefore ask the court that such mo- ir ication be given to the circuit a dges. fl