The Wilmington morning star. [volume] (Wilmington, N.C.) 1909-1990, 1944-05-27
BY WEsTBROOK PEGLER

NEW YORK. - An interesting DEVELOPMENT
has occurred in the case of Joe Fay, the
hoodlum vice president of the operating en-
gineers union who has been under indictment
for year in New York county on charges of
extorting $405, 900 from contractors in the Del
aware aqueduct 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 jurisdiction and tries
cases of first degree murder involving the
penalty of death.
Fay, however, has obtained an order from
Justice Denis OLeary Cohalan, OF the Su-
preme Court transferring the trial to that
tribunal. The Supreme Court also has juris-
diction in criminal cases but in New York
county, in practice almost exclusive civil
court.
Fay obviously thought that he would have
an advantage in the Supreme Court otherwise
he would not have applied for the transfer
He reckoned on the possible rustiness and I'M
familiarity OF Supreme Court judges in hand
ling criminal cases, and great possibility of
error, reversal and ultimate dismissal Fay,
being powerful politician of the Frank Hague
machine in New Jersey and well connected in
Washington, may have hoped that politics
would work to his advantage.
At any rate, although the law gives Justice
Cohalan authority to transfer the case for
good cause shown, :" the papers on file reveal
no substantial reason
Among the good causes" advanced bv Fav
was the fact that his value to the union depends
on his reputation for honesty and integrity -
Aside from the fact that he has no such repu-
tatlon but is a notorious thug and associate of
gangsters, and once was kicked out of his own
union for acting as contractor and employer
in the heavy construction field, this still would
be no good cause" Fay said further that
conviction would destroy his usefulness to
organized labor and that the charges, there
fore, are important both to him and to his
union. This is loaded statement, for FAY
has never been useful to labor but parasite
on labor. That the charges are important to
Fay and the union may be instantly admitted,
but not in the sense suggested. Conviction
would discredit Fay and might remove him
although many convicted crooks and traitc.s
to labor have continued to hold union office
and draw pay and graft. But it might start
reform and lberate the workers from the
dictatorship of greedy racketeers who have ex-
plotted them for years.
Still no good cause has been offered ex
cept as the justice has legal authority to de-
termine in his own mind that anythino ron.
stitutes good cause
Fay said that every effort must be made to
prevent prejudice against him, but offered nc
argument that prejudice would exist in general
sessions. And to his statement that it would be
necessary to examine the jurors carefully as
to their views toward him and organized labor
Frank 5. Hogan, the district attorney, argued
IN reply that the system of selecting and exam
lnglng jurors would be the same in general
sessions and that they would be drawn from
exactly the same sources.
justice Cohalan said in his order that be-
cause some newspaper comments had roundly
condemned Fay, his organization his associ
ates and their practices, ''in that sense labor
itself will be on trial" The fact is that it Fay
were convicted he, not labor, would be con-
| demned and labor would be winner And his
statement that the reprecussions of the tria
may affect both labor and capital in New York
and New Jersey is pointless, because these
relations will be no less affected IN the same
way by a trial in the supreme Court
This is an extremely important prosecution
in which labor and the public generally have
a tremendous stake Politicians are involved
including some republicans. of Westcherte1
county who received money from some of Fay.
associates in the aqueduct job. It will bea1
close attention.
. worker bee travels 10000 miles to make
. pound of honey. Mighty sweet of her.