Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-10-06
UN|ONe' z,,CUSE:
G0vy;|.(;1lMENT OF
K Of FA|T H
RiCm ,rg, Attorney for Shop
Crafts, Says Action in
Pressing Injunction Case
Is Unfair.

Chicago, Oct 5 (by the Associated
Press. s..)--Appearing before Federal
Judge James II. Wilkerson today
Donald II. Richberg, attorney for
the railway shop crafts, accused
the department of justice Of lack
of good faith in the proposal to
expedite final disposition of the
! Injunction case against the rail
strike leaders.
Mr.. Richberg declared that he
and associate counsel had "held
very unsatisfactory conference
with Solicitor General Beck after
futile attempt TO see Attorney
General Daugnerty in Washington
with reference TO an early final
hearing or a review of the inter
locutory injunction handed down
by Judge Wilkerson on September
I25.
In connection with his statement
to the court, in which he recalled
that Judge Wilkerson had notified
the government it should hold it
self in readiness to so to trial at
an early date, with the suggestion
that opposing counsel attempt to
agree on Il trial program, Mr..
Richberg delivered to the court a
copy of letter to Solicitor General
Beck severely criticizing the po-
sition of the government attor-
neys.
After stating there were delays
and disappointments over the Oc-
tober 2 appointment with the gov
erment attorneys, Mr.. Richberg
said he had received a letter from
the solicitor general asserting the
position of the department of JUS
tice to be as follows:
"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
invites counsel for the defendants
to consider agreeing on statement
of facts and asks counsel for the
defendants to submit such q state
ment of facts.
"Third--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
testimony.
"(B) A trial OF the case largely
on depositions taken throughout
the United States except where
stipulation of facts may dispense
with formal proof"
Want Final Hearing.
In the letter in reply to Soliciter
4 H. IL
There are two matters which
the defendants desire to have ex-
pedited: First, a review of the in
terlocutory injunction, and, second,
final hearing OF the case. Your
suggestions affect only the second
matter and practically ignore the
matter of probably greater impor-
tance to the defendants"
The shop crafts attorney said he |
would seek to obtain protection |
of the rights of the defendants !
through orders which the court |
may enter and through a proceed |
ure which the court may adopt, |
despite the manifest opposition 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 |
conviction of 100000 men of Grim
inal conspiracy upon evidence |
found solely in an undigested mass !
of eXparte affidavits reeking with |
hearsay and perjury has been
made the means of depriving these |
men of liberty and properly so |
long as the interlocutory injunction
remains in force" the letter said.
Safeguards protecting the yilest,
most notorious criminal caught |
ed-handed, have been denied to
100000 Industrious law abiding
citizens and their chosen leaders,"
the letter continued.
The attorney general has certi
fled that this is a case OF |
general public importance The
defendants are entitled to n hear
ing before three judges. The at
torney general has refused to file
q formal certificate, which would |
notify the circuit judges that the
case should be assigned for hear
ing before at least three of them.
Counsel for the defendants will
therefore ask the court that such
be given to the circuit
judges that this case may be heard
in accordance with the act of 1908.
THE department threatens TO
take depositions throughout the
United States and make the bur-
den of defending as oppressive and
expensive as possible to the already
deeply wronged defendants. As an
alternative the department offers
that counsel for the defendants
may ystipulate that the unknown
and unexplored Mount Everest of
evidence in he form of affidavts.
be submitted as though formally
taken, or, in other words. that we
allow the defendants to be found
guilty of criminal conspiracy
without the opportunity to cross
examine hundreds of witnesses, the
Incompetence and falsity of whose
evidence is as we'll known to the
government as to ourselves. Such
I suggestion is unworthy of any
consideration"
Mr.. Richberg chara cterized as a
pure waste of time" the trip to
which he said was
made at the suggestion of the court
and the assistant solicitor general.
ARIZONA OFFICIAL |,