The New York herald., 1922-05-19
UNTERMYER
IN DAUGHERTY PLEA
Hayward Says Accusation Of
Laxity in Building Prose-
cutiOn Is False.

William Hayward. United States At
torney for the Southern District of New
York, issued the following statement
yesterday In reply to Samuel Inter
myers criticism Of Attorney-General
Daugherty:
II read in this mornings papers the
latest attack of Mr.. Untermyer against
the Attorney General and his false ac-
cusation of failure or Indifference on the
part of the Attorney General in connec-
ton with the prosecutions under the
Sherman act against the socalled build
ing trusts.
Notwithstanding the fact that In my
opinion only one person in the whole
United States will be in the slightest de-
gree affected by what Mr.. Untermyer
thinks Of the Attorney General. 1t Is
only fair to Mr.. Daugherty to say that
he has in every way supported me ana
my staff in these prosecutions. He mas
authorized the employment by the Gov
ernment of large special staff OF SIX
or eight of the ablest lawyers of the
New York bar, as we'll as special grand
the means and facilities for these prose.
cutions In my hands, which any reason
able man could expect. He has never
attempted in the slightest degree to in
terfere with my complete control OF the
calendar and Of these cases.
II believe the present Department OF
Justice and this office have made more
progress in a shorter space OF time
than any Administration ever did be-
fore in antitrust cases. These cases
have had far more than their proper
tionate share of the time of the judges
in this district. Prosecutions under the
Sherman act against the building ma
terial trusts have been going on practi-
cally continuously since the Attorney
General authorized me to begin this
work last summer. Judge Van Fleet dis
posed of the tile case, imposing the first
jail sentences ever obtained under the
Sherman act, which sentences were
served by the defendants. Judge
Learned Hand disposed Of the terra
Gotta case after full hearing on the facts
following the pleas Of guilty interposed
by the defendants.
THE consent decree entered by Judge
Hand against the bricklayerS union. in
Guiding 10000 members throughout the
United States. was universally hailed as
constructive work. Judge John c. Knox
and jury have been engaged for about
six weeks In the trial of the so-called
cement trusts. This latter case Is being
prosecuted by two Assistant Attorney
Generals-Judge Fowler and Mr.. Shale
sent here directly from Mr.. Daugh-
erty's office in Washington. More than
ten defendants in these cases have been
brought to the bar Of justice. So far not
one has been acquitted.
In view of these plain and simple
facts, Mr.. Untermyer's criticism or at
tack on the Attorney General appears
ridculous-scarcely worthy of attention
either by Mr.. Daugherty or any of hiC
subordinates.
Possibly Mr.. Untermyer could do bet
ter with these cases than we are doing
There would be difference of opinion
on that. He, however. is neither Attor-
ney-General nor United States Attorney,
and it is fortunate in the interest OF fair
play that the public will judge us by the
results we obtain and not by Mr.. Inter-
myers opinion.
"In view of the fine public service that
Mr.. Untermyer has performed, 1t is my
sincere hope that he will not now spoil IL
all by becoming scold and venting his
personal grudges."