Detroit evening times. (Detroit, Mich) 1921-1958, 1944-05-27
FAIR
ENOUGH
BY Westbrook
Peeler
AN INTERESTING. develop

ment has occurred in
case OF Joe Fay, the hoodlX
vice president of the Operating
Engineers Union, who has been
under indictment for a year In
New York County on charges of
extorting $405,000 from con-
tractors in the Delaware Aque-
duct construction job, the most
colossal shakedown of labor and
the public treasury in the smelly
history of public works.
In the ordinary course of
events, Fay would have been
tried in the court of general ses-
sions, which has ample jurisdic-
ton and tries cases of first
degree murder involving the
penalty of death.
Fay, however, has obtained
an order from Justice Denis
O'Leary Cohalan OF the SUI
preme court, transferring the
trial TO that tribunal.
The supreme court also has
jurisdiction in criminal cases
but in New York County. in
practice almost exclusively
civil court.
Fay obviously thought that he
would have an advantage IN HE
supreme court, otherwise he
would not have applied for the
transfer.
He reckoned on the possible
rustineSs and unfamiliarity Of
supreme court Judges in ham
ding criminal cases, and a great
possibility OF error. reversal and
ultimate dismissal.
LAY. being powerful politi-
clan OF The Frank iiaTK
machine in New Jersey and ,
connected in Washington. mSy
have hoped that politics would
work 10 his advantage
AT any rate. although the law
gives Justice Cohalan authority
10 transfer the case FOR good
cause shown" the papers on file
reveal no substantial reason.
Among the good causes" adj
vanced by Fay was the fact that
his value 10 the union depends
on his reputation for honesty
and integrity"
Aside from the fact that he
-has-ne such reputation bur X
notorious thug and associate of
gangsters. and once was kicked
out OF his own union for acting
AS contractor and employer in
the reavy construction field. this
still would be no good cause"
Fay said further that convic-
ton would destroy his useful
ness 10 organized labor" and
that the charges. therefore, are
important both 10 him and 10
his union.
This is a loaded statement.
for Fay has never been useful
10 labor but parasite on labor.
That the charges are important
IN Fay and the union may he
instantly admitted. but not in
the sense suggested.
CONVICTION would discredit
~ Fay and might remove him.
although many convicted crooks
and traitors 10 labor have con-
tlnued 10 hold union office and
draw pay and graft.
But II might start reform
and liberate the workers from
the dictatorship OF greedy rack
eteers who have exploited them
for years.
Still no good cause" has been
offered except as the Justice ~
legal authority to determine
his own mind that anythi.~.
constitutes good cause"
Fay said that every effort
must be made 10 prevent pre- iu-
dice against him, but offered no
argument that prejudice would
exist in general sessions.
And TO his statement that N
would be necessary 10 examine
the jurors carefully as to their
views toward him and organ
ized labor. Frank s. Hogan. the
district attorney. argued in re-
ply that the system OF selecting
and examining jurors would he
The same in general sessions and
that they would be drawn from
exactly the same sources.
JUSTICE COHALAN said IN
p" his order that because some
newspaper com ments had
roundly condemned Fay. his or
ganization. his associates and
their practices. lin that sense.
labor itself will be on trial"
The fact is that il Fay were
convicted he. not labor. would
he condemned and labor would
be winner.
KnowleJoa Toe+