The Barre daily times. (Barre, Vt.) 1897-1959, 1922-10-05
CHARGES LACK
OF GOOD FAITH
Attorney for Shopman At
tacks Y. s. Department
of Justice
REGARDING DELAY
ON INJUNCTION
------------A
Donald R, Richberg Ap-
peared To-day Before
Judge Wilkerson

| Chicago. Oct. tBy the Associated
PEessl Appearing before Federal
James n. Wilkerson to-day. Donald
! r. Richbere, attorney for the railway
shop craft, accused the department Of
A 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 an unsatis-
| factory conference with Solicitor Gen
eral Beck after futile attempt to
see Attorney General Daugherty in
Washington with reference to an early
final hearing or review of the in
| terlocutory Injunction handed down
by Judge Wilkerson on Sept. 25.
! In connection with his statement TO
the court in which he recalled that
Judge Wilkerson had notified the gov
ernment it should hold itself In readi-
ness to 20 to trial at early date, with
the suggestion that opposing counsel
attempt to agree on rail program,
Mr.. Richberg delivered to the court a
copy Of letter to Solicitor General
Beck severely criticizing the position
OF the government attorneys.
| After stating delays and disappoint-
ments over the Oct. 2 appointment
with the government attorneys, Mr..
RichberR said he had received a let
ter from the solicitor general assert
ing the position Of the department Of
Justice 70 be AZ follows;
First, If il we're practicable 10 have
three circuit judges hear the ease,
that proceeding would not expedite,
but delay II.
Second, that the department in
yites counsel for the defendants 70
consider agreeing on a statement Of
facts and asks counsel for the de-
PENDANTS TO submit such statement
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 leaves 70
either party TO offer additional testi
mopy.
"tbl--A trial of the case largely a.,
depositions taken throughout the
United States except where a stipu-
lation Of facts may be acceptable with
formal proof"
In the letter in reply TO Solicitor
General Beck, Mr.. Richberg said;
There are two matters which thee
defendants desire TO have expedited. |
- . t.&~
injunction and second, final hearing |
of the case. Your suggestions affect
only the second matter and practical
ly ignore the matter Of probably |
greater Importance TO the defendants"
THE use OF the summary equity |
procedure TO obtain a tentative con
viction of 100000 men OF criminal
upon evidence found solely |
in an undigested mass of ex parte sf
fidayits reeking with hearsay and per
Jury. probably made the means of de-
priving these, men of liberty and prop
erty so long as the interlocutory in
junction remains in force the letter
said.
Safeguards protecting the vilest,
most notorious criminals caught red
handed, have been denied to 100000
law abiding citizens and
their chosen leaders," the letter con
tinued
"The attorney general has certified
that this is a case of general
public Importance. The defendants
ire entitled to a hearing before three
Judges. The attorney general has re-
used TO file a formal Certificate, which
would notify the circuit judges that
he case should be assigned for hear
ng before at least three of them.
.0unsel for the defendant will, there
ore, ask the court that such notiica-
ion be given to the circuit judges
hat this case may be heard in accord {
Ince with the provisions Of the act
4 1903.
"The department threatens TO take t.
lepositions throughout the United ]
states and make the burden Of de- :
ending as oppressive and expensive 9
IS possible TO the already deeply I
yronged defendants As an alterna-
i've the department offers that coun- I
el for the defendants may stipulate
hat the unknown and unexplored
Mount Everest of evidence in the
orm Of sffidsvits, be submitted as {
hough formally taken. or in other
words, that we allow the defendants
o be found guilty Of a criminal con-
piracy without opportunity 20 cross e
xamine hundreds Of witnesses, the in O
ompetence and falsity Of whose evi- 4
ence il as well known TO the gov d
rnment as to ourselves. Such a sug- n
estion Is unworthy of any consider II
ton"
Mr. Richberg characterized as "a e
ure waste of time" the trip 90 Wash o
ngton. which he said was made ~
be suggestion Of the court and the
..l.iant snlicifnr rnneral